The PRC Government promulgated Regulations on the Administration of Recovery and Disposal of Waste Electrical and Electronic Products (the "Regulations") on 25 February 2009. The Regulations, which will come into effect on 1 January 2011, lay down various statutory requirements concerning the recovery and disposal of waste electrical and electronic products ("WEEPs").
The main purposes of the Regulations are to regulate the recovery and disposal of WEEPs, and to improve the utilisation of resources and the development of a recycling economy.
The Regulations are applicable to those WEEPs listed in the Catalogue for the Disposal of Waste Electrical and Electronic Products (the "Catalogue") which is now being prepared by the PRC authorities (including the Ministry of Environmental Protection and the Ministry of Industry and Information Technology). The Catalogue will be published prior to the Regulations coming into effect.
Under the Regulations, the Government will implement a system for the recovery of WEEPs and a centralised system for the disposal of WEEPs. General requirements regarding the recovery and disposal of WEEPs are summarised as follows:
Recovery of WEEPs
The Regulations encourage the manufacturers of electrical and electronic products ("EEPs") to provide WEEPs recovery services. Manufacturers should ensure that EEPs are manufactured in accordance with legislations relating to pollution control and information concerning the recovery and disposal of WEEPs should be marked on EEPs or set out in their instructions. The Regulations also encourage manufacturers to entrust the task of WEEPs recovery to the sellers and service agencies such as maintenance service agencies.
Disposal of WEEPs
In brief, the disposal of WEEPs for the purpose of the Regulations means the disassembly of such WEEPs, extraction of raw materials or fuel from the same, reduction or elimination of hazardous elements, and the final placement of the same in landfill sites. Activities such as repair and reuse of EEPs do not fall within the ambit of the Regulations.
Enterprises undertaking disposal activities must possess qualifications recognised by the environmental protection authorities at provincial level. Any enterprise undertaking disposal activities without the requisite qualifications may be subject to a fine between RMB50,000 and RMB500,000.
It is also worth noting that, pursuant to the Regulations, the PRC Government will set up a fund to subsidise expenses for the recovery and disposal of WEEPs.
For more information, please contact: