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China RoHS 2 FAQs Published

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China RoHS 2 FAQ

Administrative Measures on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Products (a.k.a. “China RoHS 2”) was promulgated on January 6, 2016 and scheduled to take effect on July 1st 2016. To help stakeholders better comprehend and implement the regulation, Ministry of Industry and Information Technology (MIIT) published “Answers to Frequently Asked Questions for Implementation of ‘Administrative Measures on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Products’” (hereinafter referred to as “China RoHS 2 FAQs”) on May 16.

China RoHS 2 FAQs include 56 questions on 5 aspects, namely:

  1. General requirements

    e.g. 1) Will China RoHS 2 be enforced in Hong Kong, Macaw and Taiwan? 2) Will the law enforcement departments refer to the product’s manufacture date or date of market entrance?

  2. Applicable scope

    e.g. Will the authority issue a list of products subject to China RoHS 2?

  3. Basic obligations – implementation timeline, restricted substances & marking

    e.g. 1) What are “other hazardous substances specified by the state”? 2) How to implement SJ/T 11364-2014 on marking before the July 1, 2016?

  4. Voluntary obligations

    e.g. Does China RoHS 2 regulate packaging of electrical and electronic products?

  5. Penalties

    e.g. If an end product fails the inspection because of incompliant components or parts purchased from another supplier, who is liable, the manufacturer of the end product or its upstream supplier?

China RoHS 2 FAQs was formulated under the joint effort of MIIT, China Electronics Standardization Institute, China Academy of Telecommunication Research, the 5th Electronics Research Institute of MIIT, China Household Electric Appliance Research Institute, and industry associations including China Electrical Equipment Industrial Association, China Household Electrical Appliances Association, China Electronic Energy-saving Technology Association and China Video Industry Association, and approved by the National Development and Reform Commission, Ministry of Technology, Ministry of Finance, Ministry of Environment, Ministry of Commerce, General Customs of China and General Administration of Quality Supervision, Inspection and Quarantine. Expert opinions from Executive Committee of Foreign Investment Companies (ECFIC), European Electrical and Electronics Industry, the United States Information Technology Office (USITO), Japan Electronics and Information Technology Industries Association (JEITA) were also consulted during its formulation.

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