"China WEEE" Development and Tendency Report

Transcription

1 European Electrical and Electronics Industry 欧洲电气电子行业机构 "China WEEE" Development and Tendency Report "China WEEE" Regulation Regulations of the Administration of the Collection and Disposal of Waste Electrical and Electronic Equipment EuropElectro "China WEEE" Work Group Version: 15 July 2013 In-corporate with, 合作方 Orgalime - The European Engineering Industries Association, Brussels ZVEI - German Electrical and Electronic Manufacturers Association, Frankfurt am Main

2 Change Record Document Name Version Organization Author Reasons EE Introduction of China WEEE EuropElectro Li Jun first issue EE "China WEEE" Development and Tendency Report EuropElectro Wang Xu & Ma Lin "China WEEE" started to be fully implemented since 1 July 2012 New China WEEE Development and Tendency Report P 2

3 Abbreviation AQSIQ General Administration of Quality Supervision, Inspection and Quarantine of P. R.C. CNY China Yuan EEE Electrical and Electronics Equipment GAC General Administration of Custom HA Household Appliance MEP Ministry of Environment Protection of P.R.C. MIIT Ministry of Industry &Information Technology of P.R.C. MOF Ministry of Finance of P.R.C. MOFCOM Ministry of Commerce of P.R.C. MOST Ministry of Science and Technology of P.R.C. NDRC National Development and Reform Commission SAIC State Administration for Industry and Commerce of P.R.C. SAT State Administration of Taxation WEEE Waste Electrical and Electronics Equipment China WEEE Development and Tendency Report P 3

4 EuropElectro "China WEEE" Work Group Target Our Work Group Tasks (Updated according to meeting on 4 August 2011) 1. Work out an EuropElectro position paper on China WEEE legislation as a guideline for the members internal use 2. Periodically exchange the information and organize the WG meetings, if necessary, for detailed discussion 3. Follow up on the development of China WEEE legislation, such as on fund establishment, the fee levying criteria, product catalogue, etc. 4. Cooperate with other foreign associations on topics of common interest concerning China WEEE legislation China WEEE Development and Tendency Report P 4

5 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 5

6 Overview - Flow Charter of China WEEE System EEE Consignees of imported EEE or their agents EEE Producers Pay the fee for WEEE Fund WEEE EEE users Multichannels Collection Operators dealing in the collection of WEEE After-sales Service Institutions Repair Institutions EEE Distributors EEE Producers Waste HA* Old HA* Centralized Disposal Disposing enterprise with qualification Marked as Secondhand goods Managed by specific measures Remark: Regulated by "China WEEE" Disposal P 6 China WEEE Development and Tendency Report Second hand Market Not covered by "China WEEE" HA: Household Appliance

7 Overview - China WEEE Legal System Law Cleaner Production Promotion Law Law on the Prevention and Control of Environmental Pollution by Solid Wastes Circular Economy Promotion Law Administrative regulations Regulations of the Administration of the Collection and Disposal of Waste Electrical and Electronic Equipment Department Rules Measures for the Control of Pollution from Electronic Information Products Administrative Measures for the Recovery of Renewable Resources Draft Administrative Measures for Collection of WEEE Administrative Measures for the Prevention and Control of Environmental Pollution by E-Waste Administrative Measures for Qualification License for Disposal of WEEE Provisions/Meas ures/guideline Provisions/Measures/Guidelines on Product catalogue, Multi-channels collection, Centralized disposal, Qualification license for disposing enterprises, Subsidy fund China WEEE Development and Tendency Report P 7

8 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 8

9 Highlights: What s new (time period: ) - China WEEE Development Schedule Remark: On 11 July 2012, the 1 st batch of the list of the disposing enterprises subsidized by WEEE fund was published. Since 1 October 2012, the WEEE fund was levied by STA for the producers in China quarterly. Since 1 July 2012, the WEEE fund was levied by GAC for the importers. On 21 May 2012, 'The Administrative Measures for the Levy and Use of the Fund for the Disposal of WEEE' was published jointly by MoF, MEP, NDRC, MIIT, GAC, SAT. On 1 January 2011, China WEEE Regulation entered into force. On 15 December 2010, 'Administrative Measures for Qualification License for Disposing Enterprise of WEEE' was published by MEP. On 8 September 2010, the 1 st product catalogue under the management of WEEE Regulation was published. On 4 March 2009, China WEEE Regulation was promulgated by State Council. On 20 December 2004, NDRC submitted draft WEEE regulation to the State Council for approval. The regulators took investigation in USA, Japan, Germany and Sweden etc. WEEE Regulation entered into lawmaking. Important milestone for China WEEE development New China WEEE Development and Tendency Report P 9

10 Highlights: What s new (time period: ) - Collection New Draft Administrative Measures for Collection of Waste Electrical and Electronic Equipment Available for Public Comments On 18 December 2012, MoFCOM issued this draft for public comments for one month. China WEEE Development and Tendency Report P 10

11 Highlights: What s new (time period: ) - Disposal Administrative Measures for Qualification License for Disposing Enterprise of Waste Electrical and Electronic Equipment promulgated by MEP and entered into effect on 1 January Supporting documents: Guideline for the Qualification Review and License Permission on Disposal of Waste Electrical and Electronic Equipment Guideline for the Disposing Enterprise of WEEE to Establish Data Information Management System and Report Information Guideline for the Subsidy Review for the Disposing Enterprise of WEEE The 1 st Batch of the List of the Disposing Enterprises Subsidized by WEEE Fund joint announcement by MOF, MEP, NDRC, MIIT, GAC, SAT dated 11 July 2012 The 2 nd Batch of the List of the Disposing Enterprises Subsidized by WEEE Fund joint announcement by MOF, MEP, NDRC, MIIT New China WEEE Development and Tendency Report P 11

12 Highlights: What s new (time period: ) - WEEE Fund 'The Administrative Measures for the Levy and Use of the Fund for the Disposal of WEEE promulgated by MoF, MEP, NDRC, MIIT, GAC, SAT and entered into force on 1 July New Supporting documents: For the Importers: 1. GAC officially published an explanation regarding the problem on the fund levying implementation for the importers by GAC Notice 33 on 26 June For the Producers in China: 1. SAT officially published a concrete administration provisions on the China WEEE fund levy and collection for the producers in China by STA Notice 41 on 20 August. 2. Further Clarification on China WEEE Product Scope by MoF (Ministry of Finance) and SAT (State Administration of Taxation) on 15 October China WEEE Development and Tendency Report P 12

13 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 13

14 Legislative Purpose "China WEEE" Regulation - Regulations of the Administration of the Collection and Disposal of Waste Electrical and Electronic Equipment Status: Promulgated and entered into force on 1 January 2011, fully implemented since 1 July 2012 Purpose Article 1 For purposes of regulating the collection and disposal of waste electrical and electronic equipment, promoting the comprehensive resource utilization and the development of circular economy, protecting the environment, and safeguarding the human health. China WEEE Development and Tendency Report P 14

15 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 15

16 Product Catalogue Managed by product catalogue. The second-hand goods are not covered by the regulation. The 1 st batch of product catalogue includes: refrigerator washing machine air conditioner television microcomputer The 2 nd batch of product catalogue is currently being worked on. China WEEE Development and Tendency Report P 16

17 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 17

18 Market Operators Duty -1 Duty for Producers, the consignees or the agents of imported EEE: Article 7 The producers of electrical and electronic equipment, the consignees of imported electrical and electronic equipment and their agents shall, according to the relevant provisions, perform their obligation of payment to the fund for the disposal of waste electrical and electronic equipment. Article 10 The producers of electrical and electronic equipment, the consignees of imported electrical and electronic equipment or their agents shall produce or import electrical and electronic equipment which conform to the relevant provisions of the state on the pollution control of electrical and electronic equipment, adopt designing plans favorable to the comprehensive resource utilization and innocuous disposal, and use non-toxic, non-hazardous, lowly toxic or lowly hazardous materials which can be conveniently recycled. Such information as content of relevant toxic or hazardous substances and prompt on collection and disposal shall be stated on the electrical and electronic equipment or in the product instructions according to the relevant provisions. China WEEE Development and Tendency Report P 18

19 Market Operators Duty -2 Duty for Disposing enterprises: Article 11 The collected waste electrical and electronic products shall be disposed of by the disposing enterprises with the qualifications for disposing of waste electrical and electronic products. Article 15 The disposal of waste electrical and electronic products shall meet the relevant requirements of the state for the comprehensive resource utilization, environmental protection, labor safety and protection of human health. It shall be prohibited to dispose of waste electrical and electronic products by technologies and processes which have been expressly eliminated by the state. Article 16 The disposing enterprises shall establish a daily environment monitoring system for the disposal of waste electrical and electronic products. Article 17 A disposing enterprise shall establish an information management system for data on waste electrical and electronic products, and report the basic data and relevant information on the disposal of waste electrical and electronic products to the competent department of environmental protection of the people s government of a districted city where it is located. The basic data on the disposal of waste electrical and electronic products shall be kept for a period of not less than three years. Article 18 The disposing enterprises shall, according to relevant provisions of the state, enjoy tax preferential treatments when disposing waste electrical and electronic products. China WEEE Development and Tendency Report P 19

20 Market Operators Duty -3 Duty for the operators dealing in the collection of WEEE: Article 12 The operators dealing in the collection of waste electrical and electronic equipment shall provide the users of electrical and electronic equipment with convenient and rapid collection services in various ways. Duty for the distributors, repair institutions and after-sales service institutions of EEE: Article 12 The distributors, repair institutions and after-sales service institutions of electrical and electronic equipment shall set up prompts on the collection and disposal of waste electrical and electronic equipment in the conspicuous positions of their business premises. China WEEE Development and Tendency Report P 20

21 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE-related Materials China WEEE Development and Tendency Report P 21

22 Collection & Disposal - China WEEE Requirements in EEE Life Cycle Process RAW MATERIAL AQUISITION DESIGN PRODUCTION RECYCLING & DISPOSAL USE Disposal Disposing enterprise with qualification and license Collection The operators dealing in the collection of WEEE, producers, distributors, repair institutions and aftersales service institutions of EEE China WEEE Development and Tendency Report P 22

23 Collection The operators dealing in the collection of WEEE shall provide the users of EEE with convenient and rapid collection services in various ways. The distributors, repair institutions and after-sales service institutions of EEE shall set up prompts on the collection and disposal of WEEE in the conspicuous positions of their business premises. Referenced articles in China WEEE regulation, Article 11 The state encourages the producers of electrical and electronic equipment to recover waste electrical and electronic equipment by themselves or by entrusting distributors, repair institutions, after-sales service institutions or operators dealing in the collection of waste electrical and electronic equipment. The distributors, repair institutions and after-sales service institutions of electrical and electronic equipment shall set up prompts on the collection and disposal of waste electrical and electronic equipment in the conspicuous positions of their business premises. Article 12 The operators dealing in the collection of waste electrical and electronic equipment shall provide the users of electrical and electronic equipment with convenient and rapid collection services in various ways. China WEEE Development and Tendency Report P 23

24 Disposal The WEEE shall be disposed of by the disposing enterprises with the qualifications. Referenced articles in China WEEE regulations, Article 11 The collected waste electrical and electronic equipment shall be disposed of by the disposing enterprises with the qualifications for disposing of waste electrical and electronic equipment. Article 15 The disposal of waste electrical and electronic equipment shall meet the relevant requirements of the state for the comprehensive resource utilization, environmental protection, labor safety and protection of human health. It shall be prohibited to dispose of waste electrical and electronic equipment by technologies and processes which have been expressly eliminated by the state. Article 16 The disposing enterprises shall establish a daily environment monitoring system for the disposal of waste electrical and electronic equipment. Article 17 A disposing enterprise shall establish an information management system for data on waste electrical and electronic equipment, and report the basic data and relevant information on the disposal of waste electrical and electronic equipment to the competent department of environmental protection of the people s government of a districted city where it is located. The basic data on the disposal of waste electrical and electronic equipment shall be kept for a period of not less than three years. Article 18 The disposing enterprises shall, according to relevant provisions of the state, enjoy tax preferential treatments when disposing waste electrical and electronic equipment. China WEEE Development and Tendency Report P 24

25 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 25

26 China WEEE Fund - Fund Criteria for the Products listed in the Catalogue The fee for the fund will be levied according to the sales quantity of domestic products and import quantity of the imported products. SN Product Name Fund Criteria 1 refrigerator 12 CNY/product unit 2 washing machine 7 CNY/product unit 3 air conditioner 7 CNY/product unit 4 television 13 CNY/product unit 5 microcomputer 10 CNY/product unit China WEEE Development and Tendency Report P 26

27 Fund Financial Flow Charter - Producers of EEE, the consignees of imported EEE and their agents pay the fee for fund - Department of public finance of the State Council in conjunction with the competent departments of environmental protection, comprehensive resource utilization, and industry and information technology of the State Council levy, use and manage the fund Fund Levy Fund Use and Management Consignees of imported EEE or their agents By the form of tax SAT WEEE FUND Subsidize disposing enterprises Administration EEE producers By the form of fee GAC China WEEE Development and Tendency Report P 27

28 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Duty 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 28

29 Information System By now ( July 2013), the information requirements in Article 10 of China WEEE regulation are the requirements sourced from the China RoHS regulation. Currently, there are no additional recycling mark and information required on the products or in the use instruction. Referenced article in "China WEEE" Regulation: Article 10 Such information as content of relevant toxic or hazardous substances and prompt on collection and disposal shall be stated on the electrical and electronic equipment or in the product instructions according to the relevant provisions. China WEEE Development and Tendency Report P 29

30 Information System - Registration, Information and reporting for disposing enterprise - Registration of disposing enterprise Referenced article in "China WEEE" Regulation: Article 17: A disposing enterprise shall establish an information management system for data on waste electrical and electronic products, and report the basic data and relevant information on the disposal of waste electrical and electronic products to the competent department of environmental protection of the people s government of a districted city where it is located. Details required in Guideline for Disposing Enterprise to Establish Information Management System and Reporting Information published by MEP Notice 84 in China WEEE Development and Tendency Report P 30

31 Report Structrue 1. Overview 2. What s New? (time period: ) 3. Legislative Purpose 4. Product Catalogue 5. Economic Operators Responsibility 6. Collection & Disposal 7. China WEEE Fund 8. Information System 9. China WEEE -related Materials China WEEE Development and Tendency Report P 31

32 China WEEE -related Materials 'Note: EN - EuropElectro unofficial translation CN - Official document Should you need the EuropElectro unofficial translation, please visit our website Law: Law of the People s Republic of China on Promoting Clean Production EN CN Law of the People s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes EN CN Administrative regulation: Regulations of the Administration of the collection and Disposal of Waste Electrical and Electronic Equipment - EN CN Supporting documents: Catalogue-related documents: Several Provisions on the Establishment and Adjustment Procedure for WEEE Product Catalogue published by NDRC, MEP and MIIT CN WEEE Product Catalogue _First Batch published by NDRC, MEP and MIIT - EN CN WEEE Product Catalogue (1 st batch) HS Code published by NDRC, GAC, MEP and MIIT - EN CN China WEEE Development and Tendency Report P 32

33 Supporting documents: Collection & Disposal-related documents: 'Administrative Measures for Qualification License for Disposal of Waste Electrical and Electronic Equipment' promulgated by MEP and entered into effect on 1January Guideline for the Qualification Review and License Permission on Disposing Enterprise of Waste Electrical and Electronic Equipment published by MEP Guideline for the Disposing Enterprise of WEEE to establish Data Information Management System and Report Information published by MEP Guideline for the Subsidy Review for the Disposing Enterprise of WEEE published by MEP The 1st Batch of the List of the Disposing Enterprises Subsidized by WEEE Fund joint announcement by MOF, MEP, NDRC, MIIT, GAC, SAT dated 11 July The 2nd Batch of the List of the Disposing Enterprises Subsidised by the WEEE Fund joint announcement by MOF, MEP, NDRC, MIIT Guideline for Disposing Enterprise to Establish Information Management System and Reporting Information published by MEP Draft Administrative Measures for Collection of Waste Electrical and Electronic Equipment by MoFCOM China WEEE Development and Tendency Report P 33

34 Supporting documents: China WEEE Fund-related documents: 'The Administrative Measures for the Levy and Use of the Fund for the Disposal of Waste Electric and Electronic Equipment' Promulgated by MoF, MEP, NDRC, MIIT, GAC, SAT and entered into force on 1 July Concrete Implementation Provisions: - For the Importers: GAC officially published an explanation regarding the problem on the fund levying implementation for the importers by GAC Notice 33 on 26 June For the Producers in China: SAT officially published a concrete administration provisions on the China WEEE fund levy and collection for the producers in China by STA Notice 41 on 20 August. Further Clarification on China WEEE Product Scope by MoF and SAT on 15 October China WEEE Development and Tendency Report P 34

35 End! China WEEE Development and Tendency Report P 35

36 Contact China WEEE Development and Tendency Report P 36