China Environmental Law

There was a flurry of activity last year following the effective date of China’s Measures for Administration of Electronic Information Product Pollution Control (China RoHS) and the first wave of ancillary regulations and standards.  Once everyone understood the Phase I labeling requirements, all eyes turned to the issuance of the Key Management Catalogue with Respect to Electronic Information Product Pollution Control which would list those products subject to Phase II compliance requirements.  And all eyes waited, and waited, and still they wait.  We won’t see a Catalogue this year, and my personal opinion is there is no greater than a 65% chance we will see one in 2009. 

There are a number of factors that account for the delay, not the least of which is that the agency tapped to take the lead in formulating the Catalogue-the Ministry of Industry and Information Technology (MIIT)-has undergone a major restructuring.  There was some progress in October; Procedures for Formulating the Key Management Catalogue with Respect to Electronic Information Product Pollution Control were released.  CELB has finally had these Procedures translated and now makes them available to our readers, as a Christmas gift, under the “Laws & Regulations” sidebar on the right.

Here are the highlights:

• In determining whether a product is to be included in the Key Management Catalogue, the following principles shall apply:
  • To select products and materials that are mass produced with extensive application and contain toxic or hazardous substances constituting considerable threats or damages to the environment and human health;
  • To select products that contain toxic or hazardous substances which can be replaced by non-toxic or non-hazardous substances or low-toxic or low-hazardous substances without technical obstacles and with commercial feasibility;
  • To select products that contain toxic or hazardous substances which cannot eliminate or replace toxic or hazardous substances, but can achieve the requirements for limitation of such substances in a technologically feasible manner.
  • To select products that should be restricted due to severe pollution under any international convention. (Article 5).
• The proposed product lists will be delivered to the Expert Consultation Committee for evaluation with respect to compulsory technical, economic and product certification. The Expert Consultation Committee will submit an evaluation report to the MIIT. (Article 9).
• The MIIT will prepare a draft of the Key Management Catalogue and solicit public opinions on the draft on the website of the MIIT, in accordance with the evaluation report from the Expert Consultation Committee and upon consultation with the Authentication Supervision Committee. The public opinions will be solicited for a period of one month. Hearing will be organized for key products that have extensive influence. (Article 10). 
• Under normal circumstances, the period between the issuance of the Key Management Catalogue and the implementation of any required restrictions or prohibitions on toxic or hazardous substances for any given product shall not be less than six months. Temporary control measures may be taken against relevant products that cause severe pollutions to the environment. (Article 15).
• The Key Management Catalogue will in principle be supplemented or updated once every year. In the event of any special needs, it may be supplemented or updated from time to time subject to the provisions under these Procedures. (Article 16).

There may be a few other China RoHS related items coming out in the new year including further guidance on the Environmentally-Friendly Use Period (EFUP) and product certification criteria, but don’t hold your breath for the Key Management Catalogue.