Restricted Substances Overview in China

Last Updated:	2004-10-06
Report Contents
-   Summary -   Operational Details -   Restricted Substance Reports -   Laws & Regulations -   Contacts

Introduction

China has not yet established a specific statute or regulation that governs restrictions or prohibitions of substances or materials in electronic products. However, China’s Ministry of Information Industry (MII) is in the process of developing Draft Management Methods of Pollution Prevention and Control of Electronic Information Products, the Chinese equivalent of the European Community’s Directive on the Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS Directive). The draft Methods, described further in this section, below, will likely serve as the main regulatory basis for substance restrictions affecting electronic products in China. The Methods will likely be promulgated by the end of 2004 with the substance restrictions entering into effect on July 1, 2006.

China has also adopted a number of laws specifically directed at the reduction of mercury content in batteries. These include the Regulation on Mercury Content Limitation for Batteries (1997), the Inspection and Management Methods for the Import and Export of Battery Products Containing Mercury (2000), and related government Interpretive Letters.

Under a separate legal regime, established via the Circular on the Management of Production Quota Permits for CFCs in Products (1999), China restricts certain CFC substances in products. Each year, companies must obtain production quota permits from SEPA for use of covered CFCs in their products.

Defined Restrictions:
Catalogue of Outdated Production Capacities, Processes and Products to Be Eliminated (1999-2002)

To date, the State Development Reform Commission (SDRC) (formerly the State Economic and Trade Commission or SETC) has promulgated three batches of production capacities, processes and products to be phased out or eliminated under the Catalogue. It is expected that additional batches will be issued by the SDRC, although the timing for such additions is currently uncertain.

The first batch of the Catalogue (January 1999) covers 114 outdated production capacities, processes and products, and the second (December 1999) and third (June 2002) batches of the Catalogue respectively cover 119 and 120 production capacities, processes and products.

Pursuant to the provisions of the Catalogue, it is prohibited under any circumstances to newly establish, shift production of, produce or use the production capacities, processes and products listed in the Catalogue as of the prohibition dates specified under the Catalogue. Among the listings relevant for the electronics industry, the first batch of the Catalogue prohibits production of mercury oxide batteries as of December 31, 1999.

Currently, the Catalogue specifically applies only to production capacities, processes and products (e.g., “mercury oxide batteries,” as opposed to simply “mercury oxide”). However, according to officials in the SDRC and the State Environmental Protection Administration (SEPA), plans are underway to use this Catalogue system to list certain chemicals targeted for phase out or ban that are contained within specific products.

Provisions on the Environmental Management of the First Import of Chemicals and the Import and Export of Toxic Chemicals: Catalogue of Toxic Chemicals Banned or Severely Restricted

The Provisions on the Environmental Management of the First Import of Chemicals and the Import and Export of Toxic Chemicals sets forth a chemical registration system for all chemicals imported into China for the first time (“first import registration regime”) and an import approval system for listed toxic chemicals imported into or exported from China. The Chinese government suspended the first import registration regime aspect of the Provisions (e.g., rendered this aspect of the Provisions ineffective) via State Council Decision issued January 29, 2003, although the State Environmental Protection Administration (SEPA) had effectively ceased implementation of the first import registration regime much earlier. in November 2002. A major reason for this suspension was that SEPA was in the process of developing legal measures to address registration of new chemical substances, which would render the Provisions obsolete.

That said, the toxic chemical import/export approval system is still in effect. Under this system, chemicals listed on the “Catalogue of Toxic Chemicals Banned or Severely Restricted” (appended to the Provisions) are either subject to a range of pre-import/export approvals (e.g. “restrictions”) or are prohibited from import into or export from China (e.g., “bans”). Certainly, in the area of substance restrictions that may affect product stewardship, chemicals banned from import into China for certain purposes would be of great concern to EIA members. However, with the exception of crocidolite, EIA members should note that substances subject to import bans on he Catalogue are those imported for agricultural purposes. Still, as this list is under review for possible revision, EIA members will find it worthwhile to monitor regulatory developments in this regard. The Catalogue of Toxic Chemicals Banned or Severely Restricted is linked here for EIA member consideration. To the attached Catalogue, EIA members should include mercury sulfide to the list of substances subject to “severe restrictions” when imported into or exported from China under the Provisions. Mercury sulfide was added to the list via SEPA Circular dated October 14, 2003. For convenience, toxic substances which are banned from import into or export from China on the current (amended October 14, 2003) version of the Catalogue are listed below. For compliance purposes, EIA members should review the original Chinese Catalogue for accuracy confirmation.

1. Crocidolite (CAS 12001-28-4) (for industrial/manufacturing purposes)
   
2. Mercury compounds (CAS 107-27-7 and 62-38-4) (for agricultural purposes)
   
3. Aldrin (CAS 309-00-2) (for agricultural purposes)
   
4. Dieldrin (CAS 60-57-1) (for agricultural purposes)
   
5. Endrin (CAS 72-20-8) (for agricultural purposes)
   
6. Dichlorodiphenyltrichloroethane (“DDT”) (CAS 50-29-3) (for agricultural purposes)
   
7. Hexachlorocyclohexane (CAS 608-73-1) (for agricultural purposes)
   
8. Heptachlor (CAS 76-44-8) (for agricultural purposes)
   
9. Hexachlorobenzene (CAS 118-74-1) (for agricultural purposes)
   
10. Cyhexatin (CAS 13121-70-5) (for agricultural purposes)
    
11. 1,2-Dibromoethane (EDB) (CAS 106-93-4) (for agricultural purposes)
    
12. Fluoroacetamide (CAS 640-19-7) (for agricultural purposes)
    
13. 2,4,5-Trichlorophenoxyacetic acid (2, 4, 5-T) (CAS 93-76-5) (for agricultural purposes)
    
14. 1,2-dibromo-3-chloropropane (DBCP) (CAS 96-12-8) (for agricultural purposes)
    
15. Demeton (CAS 298-03-3) (for agricultural purposes)
    
16. Cyanide (CAS 57-12-5 (for agricultural purposes)
    
    In this respect, note that SEPA is in the process of revising China’s chemical import/export laws, including the toxic chemicals list. This revision process has been underway for some time and has been delayed as the result of inter-agency discussions over this issue.

The Circular on Management of Production Quota Permits for CFCs in Products


The Circular was jointly promulgated by the State Environmental Protection Administration (SEPA) and the National Petroleum and Chemistry Industry Bureau on May 31, 1999. According to the Circular, all producers of CFC-containing products must first obtain production quotas from the government prior to commencement of production activities. The covered CFCs products include:

• CFC13 (CFC-11)
  
• CF2C12 (CFC-12)
  
• C2F3C13 (CFC-113)
  
• C2F4C12 (CFC-114)
  
• C2F5C1 (CFC-115)
  
• CF3C1 (CFC-13)
  

Industry applicants for production quota permits for CFC-containing products should summit their application materials to SEPA with copies sent to the National Petroleum and Chemistry Industry Bureau and the relevant environmental protection and petroleum and chemistry management authorities at the provincial level. SEPA will, in consultation with the National Petroleum and Chemistry Industry Bureau, approve production quota permits based on the principle of “not exceeding specified national total CFC amounts.”

As part of a government reorganization initiative commenced in 1998, the National Petroleum and Chemistry Industry Bureau was shut down in early 2001. The administrative responsibilities of the National Petroleum and Chemistry Industry Bureau have been transferred to the State Development Reform Commission (formerly the State Economic and Trade Commission).

Companies which produce CFC-containing products without production quota permits, or exceeding approved quotas, will be penalized pursuant to the relevant regulations. Penalties include withholding production quota permits and rejection of future production quota permits.