People's Republic of China promulgated by Decree No. 551

　　　　　　　　　　　　　　　　　　　　　　　Regulations on the management of waste electrical and electronic products recycling Executive meeting of the State Council on August 20, 2008 23rd adopted, promulgated and take effect on January 1, 2011.

　　　　　　　　　　　　　　　　　　　　　　　　Prime Minister Wen Jiabao

The February 25, 2009

Waste electrical and electronic products recycling regulations

Chapter I General provisions

First for regulating the activities of the recycling of waste electrical and electronic products, and promote comprehensive utilization of resources and development of circular economy, protect the environment, safeguard human health, according to the People's Republic of China cleaner production promotion law and the People's Republic of China Law on prevention and control of environmental pollution by solid waste regulations these regulations are formulated.

Second article this Ordinance by said abandoned electrical electronic products of processing activities, is refers to will abandoned electrical electronic products for split solutions, from extraction material as raw materials or fuel, with change abandoned electrical electronic products physical, and chemical characteristics of method reduced has produced of abandoned electrical electronic products number, reduced or elimination its against components, and will its eventually placed meet environmental protection requirements of fill buried field of activities, not including products maintenance, and refurbished and by maintenance, and refurbished Hou as thrift again using of activities.

Article included in the catalogue of waste electrical and electronic products (hereinafter referred to as the catalogue) the recycling of waste electrical and electronic products and related activities governed by this regulation.

Resources comprehensive utilization Department under the State Council in conjunction with the environmental protection, industry, information industry and other departments to develop and revise the list submitted to the State Council for approval before implementation. Article fourth environmental protection Department under the State Council in conjunction with the resources comprehensive utilization, industrial departments in charge of information industry organizations to develop policy measures for recycling of waste electrical and electronic products and to coordinate implementation, supervision and administration is responsible for the disposal of waste electrical and electronic products. Commercial administrative department under the State Council is responsible for the management of the recycling of waste electrical and electronic products.

State finances, industry and commerce, quality supervision, tax, customs and other authorities within the scope of their respective duties and responsibilities related to management.

Fifth national channel imposed on waste electrical and electronic products recycling and centralized management system. Sixth State dealing with implementation of the licensing system for waste electrical and electronic products.

District people's Government municipal environmental protection authorities for waste electrical and electronic products processing enterprises (hereinafter enterprise) qualifications. The seventh State establishes Fund for waste electrical and electronic products, subsidies for recycling of waste electrical and electronic products cost.

Producers of electrical and electronic products, imports of electrical and electronic products of the consignee or his agent shall perform treatment of waste electrical and electronic products in accordance with the provisions of the payment obligations of the Fund.

Management of waste electrical and electronic products should be included in the budget of the Fund, its collection, use, management, specific measures by the financial Department of the State Council in conjunction with the State Department of environmental protection, resource utilization, industrial Department of information industry development, submitted to the State Council for approval before implementation.

Formulation of standards of treatment of waste electrical and electronic products is imposed by the Fund and subsidy levels, should fully heed the electrical and electronic products production enterprise, enterprises, industry associations and expert opinion.

The eighth State encourages and supports the handling of waste electrical and electronic products of scientific research, technology development, research relevant technical standards and new technologies, new process, demonstration and extension of new devices and applications.

Nineth belongs to the State prohibits the import of waste electrical and electronic products must not be imported.

Chapter II related party liability

Tenth electrical and electronic product producer, imports of electrical and electronic products of the consignee or his agent production, imports of electrical and electronic products should be in line with State regulations on pollution control of electrical and electronic products, design programmes for resource comprehensive utilization and treatment, using harmless or less harmful with low toxicity and ease of recycling materials.

Electrical and electronic products or product specifications should be provided in accordance with the provisions of the relevant hazardous substances, recycling tips, notes and other information. 11th the State encourage the producers of electrical and electronic products to sellers, or delegate maintenance organizations, service agencies, operators of recycling of waste electrical and electronic products recycling waste electrical and electronic products.

Electrical and electronic product sales, maintenance, service organizations shall at its business premises prominently marked recycling of waste electrical and electronic products informational messages.

Recycling of waste electrical and electronic products should be determined by treatment of waste electrical and electronic products of the processing enterprises.

12th operators of recycling of waste electrical and electronic products should be taken for electrical and electronic products in various ways to provide convenient, fast recycling services.

Operators of recycling of waste electrical and electronic products for recycling of processing waste electrical and electronic products, waste electrical and electronic products should be in accordance with the provisions of this Ordinance made qualification without qualification, recycling of waste electrical and electronic products should be handling of waste electrical and electronic products of the processing enterprises. Sales for recycling of electrical and electronic products have been repaired, must be consistent with the protection of human health and personal and property security, such as the compulsory requirements of the technical norms of the State, and prominently identified as junk.

Specific management measures shall be formulated by the Department of Commerce under the State Council.

The 13th State organs, organizations, enterprises and institutions will waste electrical and electronic products waste electrical and electronic products of the processing enterprises, in accordance with the relevant provisions of the State asset verification procedure.

Dealing with State secrets of waste electrical and electronic products, in accordance with State regulations.

14th State encourages enterprises and related electrical and electronic products producers, distributors, and operators of recycling of waste electrical and electronic products, to establish long-term cooperative relations, recycling waste electrical and electronic products.

15th processing waste electrical and electronic products should comply with the relevant national comprehensive utilization of resources, environmental protection, labor, health, safety and security requirements.

Ban the use of national technology and process has been officially eliminated waste electrical and electronic products.

16th processing enterprises shall establish routine environmental monitoring system for waste electrical and electronic products. 17th processing enterprise shall set up a data and information management systems for waste electrical and electronic products, to the seat of the District of the municipal people's Government submitted to the handling of waste electrical and electronic products by the Environmental Protection Department basic data and information.

Disposal of waste electrical and electronic products retained for periods of not less than 3 years of basic data.

18th processing enterprises processing waste electrical and electronic products, in accordance with the relevant provisions of the State tax.

19th recycling, storage, transportation, treatment of waste electrical and electronic products unit and individual shall comply with State regulations on environmental protection and environmental management.

Chapter III supervision and management

20th State resource comprehensive utilization and quality control, environmental protection, industry and information industry authorities, formulated in accordance with its responsibilities under the disposal of waste electrical and electronic products related policies and technical specifications.

21st provincial environmental protection authorities in conjunction with the comprehensive utilization of resources, business, industry and information industry Department of the preparation of the regional waste electrical and electronic products development plan submitted to the State Council environmental protection departments.

Local people's Governments shall waste electrical and electronics recycling infrastructure into urban and rural planning.

22nd article qualified as a treatment of waste electrical and electronic products, in accordance with the People's Republic of China governing the registration of Companies Ordinance provides for the registration and in its operating range indicated in the treatment of waste electrical and electronic products enterprise, before engaging in the processing activity of waste electrical and electronic products.

Apart from the 34th article of the Ordinance, prohibited without obtaining the qualification of waste electrical and electronic products unit and dispose of waste electrical and electronic products.

23rd eligibility criteria for treatment of waste electrical and electronic products, subject to the following conditions:

(A) has a perfect treatment facilities of waste electrical and electronic products;

(B) is not the proper treatment of waste electrical and electronic products or solutions;

(C) having adapted to the treatment of waste electrical and electronic products sorting, packaging and other equipment;

(D) professional and technical personnel with relevant safety, quality and environmental protection. 24th eligibility criteria for treatment of waste electrical and electronic products, should be to the local municipal people's Government of the District of written application to the competent Department of environmental protection, and provided related proof materials.

Environmental Protection Department for accepting applications shall, from the date of receiving the complete application documents within 60 days of completion of the review, to approve the permit or not permit decisions.

25th local people's Governments above the county level environmental protection departments through written verification and on-site inspection, strengthen supervision and inspection of the processing activities on waste electrical and electronic products. 26th article of any unit and individual have the right to violate the provisions of this Ordinance to the relevant departments report.

Relevant departments shall keep their informants confidential, and shall be processed in a timely manner.

The fourth chapter legal liability

27th in violation of provisions of this regulation, producers of electrical and electronic products, imports of electrical and electronic products of the consignee or his agent production and imports of electrical and electronic products or product specification is not provided in accordance with the provisions of the relevant hazardous substances, recycling tips, notes, and other information, local people's Governments at or above the county level product quality supervision departments a rectification, fines of between 50,000 yuan.

28th in violation of the provisions of this Ordinance, without treatment of waste electrical and electronic products qualifications discretionally engages in processing activities of waste electrical and electronic products, industrial and commercial administrative organs in accordance with the unlicensed investigation against provisions of the measures will be punished.

Identified by the Environmental Protection Department, by environmental protection authorities shall order the closure of the people's Governments above the county level and close illegal income shall be confiscated, and a fine of less than 50,000 yuan and 500,000 yuan.

29th in violation of the provisions of this Ordinance, State decrees outdated technologies and treatment of waste electrical and electronic products, ordered by the people's Governments above the county level environmental protection authority to correct serious from the district people's Government municipal environmental protection authorities to suspend or even revoke the qualification of the handling of waste electrical and electronic products.

30th article dealing with environmental pollution caused by the waste electrical and electronic products, environmental protection departments above the county level people's Government in accordance with the relevant provisions of the prevention and control of environmental pollution by solid wastes will be punished.

31st in violation of these regulations, enterprises do not establish data and information management systems for waste electrical and electronic products, was not required to submit the basic data and information or submit the basic data, the situation is not true, or basic data was not saved by the established deadline, the local municipal people's Government of the Environmental Protection Department of the District of rectification, and may be fined not more than 50,000 yuan.

32nd in violation of the provisions of this Ordinance, dealing with business routine environmental monitoring has not been established system or fail to carry out daily monitoring and rectification by the people's Governments above the county level environmental protection authority, may be fined not more than 50,000 yuan.

33rd in violation of the provisions of this Ordinance, the relevant Administrative Department of personnel who abuse their powers, neglect their duties, engage, and constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

The fifth chapter supplementary articles 34th article approved by the provincial-level people's Governments may set up centralized treatment of waste electrical and electronic products.

Centralized treatment of waste electrical and electronic products should have the perfect facilities for Central treatment of pollutants to ensure compliance with national or local emission standards and technical standards for prevention and control of environmental pollution by solid waste, and shall comply with the relevant provisions of this Ordinance.

Centralized treatment of waste electrical and electronic products should conform to national and local industrial planning, coordination with local land-use planning and urban planning, and should accelerate industrial upgrading. 35th article of the regulations come into force on January 1, 2011.