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On 16
July 2010,
the Ministry
of Industry
and
Information
Technology
released the
"Draft
Measures for
the
Pollution
Control of
Electrical
and
Electronic
Product" (电子电气产品污染控制管理办法),
what so
called,
“China RoHS”,
for public
consultation
until 19
August 2010.
Amongst
others, the
proposed
Measures of
16 July 2010
would change
the coverage
of products
by modifying
the
definition
from
'Electronic
Information
Product' (电子信息产品)
to
'Electrical
and
Electronic
Product' (电子电气产品).
New
Definition
of
“Electrical
and
Electronic
Product”
The new
definition
of
‘Electrical
and
Electronic
Product’
(EEP), which
is defined
in Article
3, is
largely
correspond
to the
definition
of
‘Electrical
and
Electronic
Equipment’
in the EU RoHS Directive (2002/95/EC) and would
appear as
“Equipment
or its
accessories
which work
with a
voltage
rating not
exceeding
1500 volts
for direct
current and
1,000 volts
for
alternating
current”.
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Definition of EU RoHS Directive (Directive 2002/95/EC)
"Electrical and electronic equipment" or "EEE" means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA to Directive 2002/96/EC (WEEE) and designed for use with a voltage rating not exceeding 1000 volts for alternating current and 1500 volts for direct current.
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If the
new
definition
of EEP is
taken and
replaces the
previous
definition
of EIP in
China RoHS (电子信息产品污染控制管理办法)
of 28
February
2006,
all
EEP would be
immediately
subject to
China RoHS
as there
would be no
product
categories
defined in
the current
China RoHS
of 28
February
2006. This
is even
broader
coverage of
regulated
products
than that is
discussed in
the EU
Recast
proposal.
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Definition of “Electronic Information Products” (China RoHS adopted on 28 February 2006)
“Electronic information products mean electronic radar products, electronic communication products, broadcast and television products, computer products, household electronic products, electronic measurement instrument products, security products for electron, electronic component products, electronic application products, electronic material products, and other relative products and their accessory parts”.
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Green Public
Procurement
Article 6 of
the proposed
China RoHS
of 16 July
2010 would
introduce
the concept
of green
public
procurement
and would
provide
purchase
priority for
electrical
and
electronic
products
which do not
contain
hazardous
substances.
Scope of
Hazardous
Substances
The
proposed
China RoHS
of 16 July
2010 would
not change
or add the
list of
hazardous
substance (有害物质).
The six
hazardous
substances
would remain
the same,
i.e., lead,
mercury,
cadmium,
hexavalent
chromium,
PBB and
PBDE.
Catalogue! –
Active
Lobbying
Required
In the
China RoHS,
one of the
key concerns
of
industries
has been
“Catalogue”
(目录).
The proposed
China RoHS
of 16 July
2010 would
change the
title of
Catalogue
from ‘Key
Management
Catalogue
for the
Control of
Pollution by
Electronic
Information
Product’ (电子信息产品污染控制重点管理目录)
to ‘Standard
Product
Catalogue
for the
Pollution
Control of
Electrical
and
Electronic
Product' (电子电气产品污染控制达标产品目录).
This would
require some
changes to
the draft
First List
of
Controlled
Electronic
Information
Products
which was
released on
29 September
2009. If an
electrical
and
electronic
product is
listed in
the
Catalogue,
the product
is
immediately
subject to
certification,
stricter
customs
clearance,
and non-use
of hazardous
substances
with some
transitional
time.
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Draft Key Management Catalogue for the Control of Pollution by Electronic Information Product (Batch I)
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.
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Conclusion
The proposed
China RoHS
of 16 July
2010 would
provide
clear set of
requirements
for the
design,
production,
packaging
and labeling
of
electrical
and
electronic
products.
However, if
the Chinese
competent
authorities
themselves
are not
aware of
what
products
could be
covered by
the new
definition
of
'Electrical
and
Electronic
Product',
the proposed
China RoHS
of 16 July
2010 would
be
significant
disruptive
impact on
industries
(e.g.,
photovoltaic).
Table of
Contents
(Draft China
RoHS of 16
July 2010)
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Chapter 1 General Provision
Article 1 Objective
Article 2 Applicability
Article 3 Definitions
Article 4 Supervision and Control – 1
Article 5 Supervision and Control – 2
Article 6 Policy Support
Article 7 Supervision and Control – 3
Article 8 Award and Incentives
Chapter 2 Pollution Control of Electrical and Electronic Product
Article 9 Product Design Control
Article 10 Product Manufacture Control
Article 11 Product Packaging Control
Article 12 Product Labeling Control – 1
Article 13 Product Labeling Control – 2
Article 14 Product Labeling Control – 3
Article 15 Product Labeling Control – 4
Article 16 Standardization Control – 1
Article 17 Standardization Control – 2
Article 18 Standardization Control – 3
Article 19 Product Sales Control
Article 20 Catalogue Control 1: Special Requirement on Restriction for the Use of Hazardous Substances
Article 21 Catalogue Control 2: Compliance Assessment for Non-use of Hazardous Substances
Article 22 Differentiated and Transition Principle
Article 23 Catalogue Control 3: Transition Period for the Use of Hazardous Substances
Chapter 3 Penalties
Article 24 Right and Obligation
Article 25 Liability for Non-compliance with Applicable Standards
Article 26 Liability for Non-compliance with Information Disclosure
Article 27 Liability of Governmental Staff
Chapter 4 Schedules
Article 28 Legal Interpretation
Article 29 Entry Into Force
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