Regulations on the Recycling and Disposal of Waste Electrical and Electronic Equipment

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　Let’s all learn about and discuss the new environmental regulations, and share our thoughts freely. 　　 　　Order No. 551 of the State Council of the People’s Republic of China: The Regulations on the Recycling and Treatment of Waste Electrical and Electronic Equipment were adopted at the 23rd executive meeting of the State Council on August 20, 2008; they are hereby promulgated and shall come into force as of January 1, 2011. 　　　　　　　　　　　　　　　　　　　　　　　　　Prime Minister **　　　　　　　　　　　　　　　　　　　　　　　　　 February 25, 2009 Regulations on the Recycling and Disposal of Waste Electrical and Electronic Equipment Chapter 1 General Provisions Article 1 These regulations are formulated in order to standardize the recycling and disposal of waste electrical and electronic equipment, promote the comprehensive utilization of resources and the development of a circular economy, protect the environment, and safeguard human health, in accordance with the relevant provisions of the Law of the People’s Republic of China on Promoting Clean Production and the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes. 　　 　　Article 2: The handling of waste electrical and electronic products as referred to in these regulations means the activities of dismantling such waste products to extract materials for use as raw materials or fuel, reducing the amount of waste electrical and electronic products through methods that alter their physical and chemical properties, minimizing or eliminating their harmful components, and ultimately disposing of them in landfills that meet environmental protection requirements. This does not include product repair, refurbishment, or the reuse of such products after repair or refurbishment as second-hand items. 　　 　　Article 3 These Regulations shall apply to the recycling and treatment of waste electrical and electronic products listed in the Catalogue of Waste Electrical and Electronic Products (hereinafter referred to as the “Catalogue”) and related activities. The competent department of the State Council responsible for comprehensive resource utilization, in conjunction with the competent departments in charge of environmental protection and the industrial information industry under the State Council, formulates and adjusts the Catalogue, which is implemented after approval by the State Council. 　　Article 4: The environmental protection authority under the State Council, in conjunction with the authorities in charge of comprehensive resource utilization and the industrial information industry under the State Council, is responsible for formulating policies and measures for the recycling and disposal of waste electrical and electronic equipment, as well as coordinating their implementation. It is also responsible for overseeing the management of such waste electrical and electronic equipment. The competent commercial department of the State Council is responsible for the management of the recycling of waste electrical and electronic products. The relevant competent departments of the State Council, such as those in charge of finance, industry and commerce, quality supervision, taxation, and customs, are responsible for related management tasks within their respective areas of responsibility. 　　 　　Article 5 **A system of multi-channel recycling and centralized treatment for discarded electrical and electronic products shall be implemented. 　　Article 6 **A qualification licensing system shall be implemented for the disposal of waste electrical and electronic products. The environmental protection authorities of the municipal people’s governments at the district level are responsible for approving the qualifications of enterprises that handle waste electrical and electronic products (hereinafter referred to as such enterprises). 　　Article 7 **A fund for the disposal of waste electrical and electronic products shall be established to subsidize the costs associated with the recycling and disposal of such waste. Producers of electrical and electronic products, consignees of imported electrical and electronic products, or their agents shall fulfill their obligation to pay the fund for the disposal of waste electrical and electronic products in accordance with the regulations. 　　The fund for the disposal of waste electrical and electronic equipment shall be incorporated into budget management. The specific measures for its collection, use, and management shall be formulated by the financial department of the State Council in conjunction with the competent departments of the State Council responsible for environmental protection, comprehensive resource utilization, and industrial information technology, and shall come into effect after being approved by the State Council. 　　When establishing the collection standards and subsidy standards for the fund for the disposal of waste electrical and electronic equipment, it is necessary to fully consider the opinions of electrical and electronic equipment manufacturers, disposal enterprises, relevant industry associations, and experts. 　　Article 8 **Encourage and support scientific research on the treatment of waste electrical and electronic products, technological development, research on relevant technical standards, as well as the demonstration, promotion, and application of new technologies, new processes, and new equipment. 　　Article 9: Waste electrical and electronic products that are **prohibited from import shall not be imported. Chapter 2 Responsibilities of Relevant Parties Article 10 Electrical and electronic products manufactured by producers, or those imported by consignees or their agents, must comply with **the regulations regarding pollution control of electrical and electronic products. They should adopt design concepts that facilitate comprehensive resource utilization and harmless treatment, and use materials that are non-toxic, harmless, or have low toxicity and minimal harm, as well as materials that are easy to recycle. 　　Electrical and electronic products, or their product manuals, shall provide information such as the content of toxic and harmful substances and guidance on recycling and disposal in accordance with regulations. 　　Article 11 **Producers of electrical and electronic products are encouraged to recycle waste electrical and electronic products on their own or by entrusting sellers, repair institutions, after-sales service agencies, and waste electrical and electronic product recycling operators to do so. Electrical and electronic product sellers, repair services, and after-sales service providers shall display informational signs indicating the recycling and disposal of waste electrical and electronic products in prominent locations at their business premises. 　　Recycled waste electrical and electronic equipment should be processed by enterprises qualified to handle such waste. 　　Article 12: Recyclers of waste electrical and electronic products shall adopt various methods to provide users with convenient and efficient recycling services. 　　Recycling operators of waste electrical and electronic equipment shall obtain the qualification for processing such waste in accordance with the provisions of these regulations when handling the collected waste electrical and electronic equipment ； Those without the qualification to handle such waste shall deliver the collected used electrical and electronic equipment to processing enterprises that have the qualification to deal with such waste. 　　Electrical and electronic devices that have been recycled and sold after repair must meet the mandatory technical requirements aimed at ensuring human health as well as the safety of persons and property, and must be labeled as used items in a prominent position. The specific management measures shall be formulated by the commerce department under the State Council. 　　Article 13: When agencies, organizations, enterprises, and institutions submit waste electrical and electronic products to processing enterprises qualified to handle such waste, the procedures for writing off assets shall be carried out in accordance with **relevant regulations. 　　The handling of **confidential waste electrical and electronic products shall be carried out in accordance with** the confidentiality regulations. 　　Article 14 **It is encouraged that waste electrical and electronic product processing enterprises establish long-term cooperative relationships with relevant producers, sellers of such products, as well as operators engaged in the recycling of waste electrical and electronic products, in order to recycle them. 　　Article 15: The disposal of waste electrical and electronic products shall comply with the requirements regarding comprehensive resource utilization, environmental protection, occupational safety, and the protection of human health. 　　The use of **technologies and processes that have been explicitly banned is prohibited for the treatment of waste electrical and electronic equipment. 　　Article 16: Enterprises handling such waste shall establish a routine environmental monitoring system for the treatment of waste electrical and electronic products. 　　Article 17: Enterprises that handle waste electrical and electronic products shall establish a data and information management system for such products, and submit the basic data and relevant information on the handling of waste electrical and electronic products to the environmental protection authorities at the municipal level where they are located. The retention period for basic data on the disposal of waste electrical and electronic equipment shall not be less than 3 years. 　　Article 18: Enterprises that handle waste electrical and electronic products are entitled to tax incentives in accordance with **relevant regulations. 　　Article 19: Entities and individuals that recycle, store, transport, or dispose of waste electrical and electronic products shall comply with the **provisions regarding environmental protection and environmental hygiene management. Chapter 3 Supervision and Management Article 20 The competent departments of the State Council responsible for comprehensive resource utilization, quality supervision, environmental protection, and the industrial information industry shall formulate relevant policies and technical standards for the disposal of waste electrical and electronic products in accordance with their designated responsibilities. 　　Article 21: The provincial people’s **environmental protection authorities, in conjunction with the authorities in charge of comprehensive resource utilization, commerce, and industrial information technology at the same level, shall formulate development plans for the handling of waste electrical and electronic products in their respective regions, and submit these plans to the environmental protection authority under the State Council for the record. 　　Local communities **should include the construction of infrastructure for the recycling of discarded electrical and electronic products in their urban and rural planning. 　　Article 22: Only enterprises that have obtained the qualification for handling waste electrical and electronic products, have completed the registration in accordance with regulations such as the Regulations of the People’s Republic of China on the Administration of Company Registration, and have specified waste electrical and electronic product handling in their business scope, may engage in activities related to the handling of such waste. 　　Except as provided in Article 34 of these Regulations, it is prohibited for entities and individuals without the qualification to handle waste electrical and electronic products to process such waste. 　　Article 23: To apply for the qualification to handle waste electrical and electronic products, the following conditions must be met: (1) Possession of complete facilities for handling waste electrical and electronic products ； 　　(II) Having a plan for the proper utilization or disposal of waste electrical and electronic products that cannot be fully processed ； 　　(III) Possess sorting, packaging, and other equipment suitable for the waste electrical and electronic equipment being processed ； 　　(IV) Professional technical personnel with expertise in relevant safety, quality, and environmental protection. 　　Article 24: To apply for the qualification to handle waste electrical and electronic products, a written application shall be submitted to the environmental protection authority of the municipal people’s government in the area where the applicant is located, along with relevant supporting documents. The environmental protection authority responsible for handling the application shall complete the review within 60 days from the date of receipt of the complete application documents, and make a decision either to grant the permit or to deny it. 　　Article 25: The environmental protection authorities at the local people’s government level at or above the county level shall strengthen supervision and inspection of the handling of waste electrical and electronic products through methods such as written reviews and on-site inspections. 　　Article 26: Any organization or individual has the right to report acts that violate the provisions of these regulations to the relevant authorities. The relevant authorities shall keep the informants confidential and handle the matter promptly in accordance with the law. Chapter 4 Legal Responsibilities Article 27: Those who violate the provisions of these regulations – namely, producers of electrical and electronic products, recipients of imported electrical and electronic products, or their agents – and fail to provide information such as details on the content of toxic and harmful substances or guidance on recycling and disposal in the products or their product manuals as required, shall be ordered by the product quality supervision departments of local people’s governments at or above the county level to make corrections within a specified time limit, and shall be fined up to 50,000 yuan. 　　Article 28: Those who violate the provisions of these regulations by engaging in the handling of waste electrical and electronic products without obtaining the necessary qualifications shall be punished by the administrative department for industry and commerce in accordance with the provisions of the Measures for Investigating, Punishing, and Banning Unlicensed Business Operations. 　　If discovered by the environmental protection authorities, the relevant departments at the county level or above shall order the suspension of operations or closure, confiscate the illegal gains, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan. 　　Article 29: Those who, in violation of the provisions of these regulations, use technologies and processes that have been explicitly designated for elimination to process waste electrical and electronic products shall be ordered by the environmental protection authorities at or above the county level to make corrections within a specified time limit ； In serious cases, the environmental protection authorities of the city at the district level shall, in accordance with the law, suspend or even revoke their qualification to handle waste electrical and electronic products. 　　Article 30: In cases where the disposal of waste electrical and electronic products causes environmental pollution, the environmental protection authorities at or above the county level shall impose penalties in accordance with the relevant regulations on the prevention and control of environmental pollution caused by solid waste. 　　Article 31: Those who violate the provisions of these regulations by failing to establish a data and information management system for waste electrical and electronic products in enterprises, failing to submit basic data and relevant information as required, or submitting inaccurate basic data and relevant information, or failing to retain such basic data within the prescribed time limits, shall be ordered by the environmental protection authorities of the municipal people’s government in the area where they are located to make corrections within a specified time limit; they may also be fined up to 50,000 yuan. 　　Article 32: In case of violations of the provisions of these regulations, where an enterprise fails to establish a routine environmental monitoring system or fails to carry out such monitoring, the environmental protection authorities at the county level or above shall order it to make corrections within a specified time limit, and may impose a fine of up to 50,000 yuan. 　　Article 33: Those who, in violation of the provisions of these regulations, abuse their powers, neglect their duties, or engage in malpractice for personal gain as staff members of the relevant administrative departments, and if such actions constitute a crime, shall be held criminally liable in accordance with the law ； If it does not constitute a crime, disciplinary action shall be taken in accordance with the law. Chapter V Supplementary Provisions Article 34 With the approval of the provincial people’s ** committee, centralized treatment facilities for waste electrical and electronic products may be established. Waste electrical and electronic product disposal facilities must be equipped with comprehensive systems for the centralized treatment of pollutants, to ensure compliance with ** or locally established standards for pollutant emissions as well as technical standards for preventing environmental pollution caused by solid waste; they must also abide by the relevant provisions of these regulations. 　　Centralized treatment facilities for waste electrical and electronic equipment should comply with ** and the local industrial zone development plans, be in line with local land use plans and urban-rural planning, and efforts should be accelerated to achieve industrial upgrading. 　　Article 35 These Regulations shall come into force as of January 1, 2011.