On 29 September 2009, the
Ministry of Industry and Information
Technology released the First List of
Controlled Electronic Information
Products (电子信息产品污染控制重点管理目录 (第一批),
so-called First China RoHS Product
Catalogue, for public consultation. The
proposed First List of 29 September 2009
only contains three product categories
including mobile phones and printers
connected to computers. Pursuant to the
proposed First List, there would be only
10 months to comply with the restriction
on the use of hazardous substances for
controlled products after the entry into
force of the proposed First List.
Exemption is available for controlled
products under the China RoHS Act only
when exemption is applied and officially
included in the List of Controlled
Electronic Information Products. The
deadline to submit opinions to the
proposed First List of 29 September 2009
is 9 November 2009 and has to be
submitted to Zhen-Jie GAO
(gaozhenjie@miit.gov.cn).
After the issuance of the draft
Management Measures for the Prevention
and Control of Pollution from Electrical
and Electronic Equipment (MMPCPEEE) of
25 August 2003, the Management Measures
for the Prevention and Control of
Pollution from Electronic Information
Products were adopted by the Joint
Ministerial Ordinance composed of 7
central governmental departments on 28
February 2006 (In the proposed
Management Measures of 25 August 2003,
the Ministry of Information Industry
intended to be a sole competent
authority). Thus, implementation and
enforcement functions of the Management
Measures of 28 February 2006 were
allocated to the Ministry of Information
Industry (MII), the General
Administration of Customs (GAC), the
General Administration of Quality
Supervision, Inspection and Quarantine
(AQSIQ), the State Environmental
Protection Administrating (SEPA), the
Ministry of Commerce (MOFCOM), the
National Development and Reform
Commission (NDRC) and the State
Administration for Industry and Commerce
(SAIC).
The Management Measures for the
Prevention and Control of Pollution from
Electronic Information Products of 28
February 2006 stipulate a general duty
on producers of electronic information
products by incorporating the concepts
of design for the environment (DfE),
energy efficiency, efficiency recycling
and non-use of hazardous substances over
10 categories of electronic information
products which include electronic
radars, telecommunication equipment,
broadcasting equipment and televisions,
household electrical appliances,
monitoring and control equipment, cables
and wires, parts and components of
electronic equipment, applied electronic
equipment, and electronic materials and
parts. A detailed list of electronic
information products will be determined
by the Ministry of Information Industry
in consultation with the State
Environmental Protection Administration,
the Ministry of Commerce, the General
Administration of Customs, the State
Administration for Industry and
Commerce, the State Administration of
Quality Supervision, Inspection and
Quarantine and the National Development
and Reform Commission.
The Clean Production Promotion Law of 29
June 2002, the amended Solid Waste
Pollution Prevention and Control Law of
29 December 2004, the 10th 5-Year Plan
on Recovery and Use of Recyclable
Resources of 10 January 2002 and the
Circular on 11th 5-Year Plan on National
Environmental Protection Legislation of
28 November 2005 have provided a
framework for the use of clean
technology, non-toxic or non-hazardous
materials and reuse and recycling of
discarded products in China.