Tag Archives: China RoHS

China – China RoHS 2 Takes Effect

China RoHS 2 came into effect on July 1, 2016. On the same date, the revised China RoHS marking standard SJ/T 11364-2014 “Marking for the Restriction of Hazardous Substances in Electrical and Electronic Products” also came into effect. The implementation of SJ/T 11364-2014 had been on hold since its publication in 2014, awaiting the China RoHS 2 regulation to catch up.

The FAQ document published by MIIT in May 2016 clarifies some of the questions raised by the China RoHS 2 regulation (The Management Methods).  Our June Monthly Environmental Report started to provide a summary of some key pieces of information in the FAQ document.  Some  information (for general indication)  based on unofficial English translation is provided below (refer to original Chinese document for official FAQ):

  • Products must comply to the new China RoHS 2 requirements if their final date of manufacture is on or after July 1, 2016. The FAQ explicitly states (Q6) that this is also the case for imported products and that the enforcement date does not have anything to do with the date of customs clearance or when the product is sold.
  • Accessory products referred to in the definition of “Electrical and electronic products” is intended to mean components, parts, and materials used in or with the EEP. This will include spare parts used to repair, refurbish, or upgrade a product. Accessory products that are part of the EEP must comply with the requirements of the Methods. (Q10)
  • Batteries are generally included in the scope of the Methods (Q15);
  • Electric wires and cables, even if sold on their own, are included in the scope of the Methods (Q16);
  • Consumables are in scope of the Methods if they are provided with the EEP or if they need to be powered up to operate. (Q17)
  • The requirements for efficient resource utilization and ease of recycling and disposal in Articles 9 and 10 of the Methods, are provided to encourage environmentally conscious design (ECD) of products. There are no mandatory requirements at this time. (Q52)
  • Article 12 specifies that product packaging comply with relevant standards. The FAQ (Q53) clarifies that at the present time, this Article is to to encourage ECD of the product packaging.

China RoHS 2 Proposal – May 2015

China RoHS 2 is once again moving forward.  An updated draft regulation titled “Management Methods for the Restriction of the Use of Hazardous Substances in Electric and Electronic Products (Draft for Comments)” was released on May 18 for public comment. It reveals several changes compared to the previous 2013 version.

The draft regulation is applicable to the production, sale, and import of electrical and electronic products. Unlike the original China RoHS, the draft does not provide an exclusion for products that are intended for export (presumably to help ensure that exported products meet the RoHS restrictions imposed by other countries).

Similar to the previous China RoHS 2 draft, the scope of products (compared to the original China RoHS) is expanded to “Electrical and electronic products”, but, this time, with an explicit exclusion for power generation, transmission and distribution equipment. The definition of “Electrical and electronic products” refers to devices and accessory products which function by means of current or electromagnetic fields. The definition utilizes the same voltage limits used by the EU RoHS Directive — rated working electrical voltages of no more than 1500 volts direct current and 1000 volts alternating current.

Hazardous substances are defined as the six original RoHS substances, with a seventh entry for other harmful substances, leaving the door open to restrict additional substances.

The draft regulation maintains the marking and communication obligations of the original China RoHS, including the “environmental protection use period” and the table identifying harmful substances and their location in the product. However, the requirements for the table of harmful substances has been clarified/expanded.

Similar to the original China RoHS, a catalog will list products that are subject to substance restrictions.  The catalog will be developed and maintained by the Ministry of Industry and Information Technology (MIIT) in consultation with other departments.

A conformity assessment system will be established for ensuring restricted substance conformity of products that are listed in the compliance management catalog. This replaces the CCC certification specified in the original China RoHS.

Requirements on product packaging, which were removed from earlier China RoHS 2 proposals, have now been added back in. The packaging for all manufactured or imported electrical and electronic products must meet all applicable standards and laws. Manufacturers and importers should also adopt the use of materials that are non-hazardous, easily biodegradable and/or facilitate recycling/reuse.

Section III on “Punitive Provisions” identifies requirements that are subject to penalties if not met, including substance restrictions, labelling of the product with the environmental protection use period, names and content of hazardous substances, and packaging conformity. The paragraph on the hazardous substances table is particularly detailed, suggesting that MIIT expects producers and importers to be in full compliance and not take any short-cuts.

The draft is available from the Legislative Affairs Office of the  State Council P.R. China (in Chinese). The public comment period ends June 17, 2015.

For additional information, contact ECD Compliance. Clients will be receiving additional analysis and discussion of potential impact of the proposal in the next environmental report.