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On January 21, 2016, China’s Ministry of Industry and Information Technology (MIIT) published its final version of the Administrative Measures for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products (China RoHS2). China RoHS2 will enter into force on July 1, 2016. An English translation of China RoHS2 provided by the EU Chamber of Commerce is available online.
Since 2010, the Chinese government has endeavoured to update its RoHS Regulation, and MIIT has released several draft revisions. None, however, has been enacted. China RoHS2 will replace the existing “China RoHS” promulgated in 2006 and will significantly align the scope of coverage with the European Union’s (EU) RoHS2 (EU RoHS2).
Key Changes between Draft and Final Regulation
The final draft of China RoHS2 was published for public comments on May 18, 2015, by MIIT. Important differences between the draft and final version of China RoHS2 include:
- Removal of Article 19, which stated:
[t]he [MIIT], in consultation with the Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, and the Administration for Quality Supervision, Inspection and Quarantine, and according to the actual industry development situation, will promulgate the timetable for the implementation of content restrictions for hazardous substances in [Electrical and Electronic Products (EEP)] that have been included in the Compliance Management Catalogue.
- Changes to several sections of the Regulation to exclude the State Administration for Industry and Commerce’s involvement.
- Various editorial and clarification changes.
Scope and Function of China RoHS2
China RoHS2 will expand the coverage of the Regulation from Electronic Information Products (EIP) to EEPs, defined as devices and accessory products with a voltage rating not exceeding 1,500 Volts (V) for direct current and 1,000V for alternating current that function by means of current or electromagnetic fields and generate, transmit, and measure such currents and electromagnetic fields. This definition is almost identical to that of Electrical and Electronic Equipment (EEE) in the EU RoHS2 Directive, except that power generation, transmission, and distribution are excluded from the Chinese definition.
Under China RoHS2, manufacturers and importers of EEPs will be required to provide information regarding the impact of a product on the environment and human health when the product is misused or disposed, and to provide the name and amount of hazardous substances, the names of parts that contain hazardous substances, and whether a part or product can be recycled. China will develop a Compliance Management Catalogue that includes EEP categories, classes of restricted hazardous substances, restricted use timelines, and exemption requirements. Products listed in this Catalogue will be managed under a national conformity assessment regime, restricting hazardous substances in EEPs. MIIT posted a Q&A, which is available online in Chinese.
China RoHS2 restricts the same six substances as EU RoHS2. The following substances are restricted under the Regulation:
- Cadmium (Cd) and its compounds: 0.01%
- Mercury and its compounds: 0.1%
- Lead (Pb) and its compounds: 0.1%
- Hexavalent chromium (Cr6+) and its compounds: 0.1%
- Polybrominated Biphenyls (PBB): 0.1 %
- Polybrominated Diphenyl Ethers (PBDE): 0.1 %
The above maximum control values apply to each homogenous material rather than a product itself. Currently, the limits only apply to products listed in the Compliance Management Catalogue. Non-listed products or parts that contain certain hazardous substances exceeding the above limits can still be sold in China. These products must be marked and the names and content of the hazardous substances shall be disclosed. The inclusion of compounds in the scope of coverage of the aforementioned substances is new to China RoHS2. Additionally, the exemption for products manufactured in China for export has been removed.
Two important national or industry standards are necessary to comply with China RoHS2. The first is electronics industry standard SJ/T 11364-2014 “Marking for the Restricted Use of Hazardous Substances in [EEPs],” which will replace SJ/T11364-2006 and GB/T18455-2010. SJ/T 11364-2014 specifies detailed marking requirements for hazardous substances in EEPs, the Environmental Protection Use Period (EPUP), and recyclability. It is anticipated that this new standard will be effective after China RoHS2 is in force. The second standard is national standard GB/T 2652-2011 “Requirements of Concentration Limits for Certain Restricted Substances in [EEPs],” which overwrote SJ/T 11363-2006 on August 1, 2011. Both are voluntary standards serving as guidance for manufacturers.
China RoHS2 Marking
China RoHS2 requires that all EEPs sold in the country are marked with one of the two logos below depending on whether they contain hazardous substances.
The green symbol to the left is used to indicate that an EEP does not contain any hazardous substances and is a “green” environmentally friendly product that can be recycled. The orange symbol to the right reflects that the EEP contains certain hazardous substances and can be used safely during its EPUP as indicated by the number in the center. If a product contains hazardous substances exceeding specified concentration limits, its EPUP must be determined and marked. The date of manufacture must be indicated. Additionally, manufacturers and importers are required to provide the names and contents of hazardous substances in their EEPs in product instructions.
The above markings are required for finished EEPs. Suppliers of materials and parts used to manufacture EEPs do not need to mark their products; instead they are required to provide necessary information to their Downstream Users to assist them in determination of final China RoHS2 markings.
EPUPs
An EPUP is the period during which the hazardous substances contained in EEPs will not leak or mutate suddenly under normal operating conditions, and will not result in serious environmental pollution or cause serious bodily injury to the user or damage to their assets during the normal use of the EEPs. EPUPs can be determined in accordance with SJ/Z 11388-2009 “General Guidelines of Environment-Friendly Use Period of [EIPs].”
The date of manufacture is the start of the EPUP and should be marked on the product and product packaging. There is no fixed format for marking the date of manufacture. Companies may include the date of manufacture in their product serial number or barcode to maintain compliance with the EPUP requirement.
EPUPs are to be determined by producers or importers of EEPs. Relevant industry associations may compose guidance opinions pertaining to appropriate EPUPs for EEPs based on the level of technological development. MIIT encourages relevant industry associations to submit their draft guiding opinions on EPUPs.
Comparison of China RoHS2 to EU RoHS2
EU RoHS2 compliance does not translate to Chinese RoHS2 compliance. Many EEPs and components that qualify for EU RoHS2 exemptions are not exempt under China’s RoHS2. Companies are required to disclose hazardous substances in such products or components. The table below identifies some of the similarities and differences between the two frameworks.
| Issue | China RoHS2 | EU RoHS2 |
| Scope | Listed EEPs | All EEPs except those that are exempt |
| Restricted Substances | Six substances | Six substances and four phthalates |
| Marking | China RoHS2 marking EPUP shall be indicated The content and names of hazardous substances must be disclosed in product instructions | Conformité Européenne (CE) mark and Waste Electrical and Electronic Equipment Directive (WEEE) mark |
| Conformity Assessment | Applies to products listed in the Compliance Management Catalogue Compulsory testing by a third party laboratory is required | Self-declaration accepted |
Discussion
The enactment of China RoHS2 is an important milestone in the ongoing harmonization and development of global regulatory frameworks. The Chinese Regulation relies significantly on the pre-existing measures in China’s RoHS1 and shares many similarities with the EU RoHS2. Maintaining compliance with China RoHS2 includes substantial efforts to remain compliant with other relevant national standards discussed above. Companies working with EEPs in China and in multiple jurisdictions should keep themselves well-informed of such developments and their implications from safety, compliance, and business perspectives.
The severity of the “Punitive Provisions” in China RoHS2 makes it plain that non-compliance is not an option. Multiple agencies are authorized to penalize those found in violation. Maintaining compliance with China RoHS2 will require manufacturers of EEPs to reassess and potentially revise their existing procedures on multiple fronts.
Since RoHS’ inception, The Acta Group (Acta®) professionals have actively assessed the legislation and its implications, and have assisted clients in addressing RoHS requirements in China and the EU. From offices in North America, Europe, and Asia, Acta professionals have the technical and regulatory know-how, the commercial sense, and the strategic resources to help companies develop and market their EEPs successfully in China and worldwide.
For further information, call or e-mail Zameer Qureshi at +44(0)7496272129 or zqureshi@actagroupeu.com. Alternatively, contact Brian Xu at (202) 266-5029 or bxu@actagroup.com.