Regulations on the Management of Recycling and Disposal of Waste Electrical and Electronic Products
Chapter 1 General Provisions
Article 1
In order to regulate the waste electrical and electronic products Product recycling and processing activities promote the comprehensive utilization of resources and the development of circular economy, protect the environment, and protect human health. According to the "Clean Production Promotion Law of the People's Republic of China" and the "Prevention and Control of Environmental Pollution by Solid Wastes of the People's Republic of China" These regulations are formulated in accordance with the relevant provisions of the Law.
Article 2
The processing activities of waste electrical and electronic products as mentioned in these regulations refer to the dismantling of waste electrical and electronic products, extracting substances from them as raw materials or fuel, and using them to change Activities that use physical and chemical properties of waste electrical and electronic products to reduce the amount of waste electrical and electronic products produced, reduce or eliminate their hazardous components, and ultimately place them in landfills that comply with environmental protection requirements, excluding product repair and refurbishment and activities in which items are repaired, refurbished, and reused as used items.
Article 3
These Regulations shall apply to the recycling, processing and related activities of waste electrical and electronic products listed in the "Catalogue for the Disposal of Waste Electrical and Electronic Products" (hereinafter referred to as the "Catalogue").
The competent department for comprehensive utilization of resources under the State Council, together with the competent departments for environmental protection and industrial information industry under the State Council, will formulate and adjust the "Catalog" and submit it to the State Council for approval before implementation.
Article 4
The environmental protection department of the State Council, together with the resource comprehensive utilization and industrial information industry departments of the State Council, are responsible for organizing the formulation of policies and measures for the recycling and treatment of waste electrical and electronic products and coordinating their implementation. They are responsible for Supervision and management of the disposal of waste electrical and electronic products. The commerce department of the State Council is responsible for the management of recycling of waste electrical and electronic products. The finance, industry and commerce, quality supervision, taxation, customs and other competent departments of the State Council are responsible for relevant management work within the scope of their respective responsibilities.
Article 5
The state implements a multi-channel recycling and centralized processing system for waste electrical and electronic products.
Article 6
The state implements a qualification licensing system for the disposal of waste electrical and electronic products. The environmental protection departments of the people's governments at the districted municipal level shall examine and approve the qualifications of waste electrical and electronic product processing enterprises (hereinafter referred to as processing enterprises).
Article 7
The state establishes a waste electrical and electronic product processing fund to subsidize the recycling and processing costs of waste electrical and electronic products. Producers of electrical and electronic products, consignees of imported electrical and electronic products, or their agents shall fulfill their obligations to pay the waste electrical and electronic product disposal fund in accordance with regulations.
The waste electrical and electronic product disposal fund shall be included in the budget management. The specific methods for its collection, use and management shall be formulated by the financial department of the State Council in conjunction with the competent departments of environmental protection, comprehensive utilization of resources and industrial information industry of the State Council, and shall be submitted to the State Council for approval. Implemented later.
When formulating the collection standards and subsidy standards for waste electrical and electronic product processing funds, the opinions of electrical and electronic product manufacturers, processing companies, relevant industry associations and experts should be fully listened to.
Article 8
The state encourages and supports scientific research, technology development, research on relevant technical standards for the treatment of waste electrical and electronic products, and the demonstration and demonstration of new technologies, new processes, and new equipment. promotion and application.
Article 9
Waste electrical and electronic products that are prohibited from import by the state shall not be imported.
Chapter 2 Responsibilities of Related Parties
Article 10
Producers of electrical and electronic products, consignees of imported electrical and electronic products or their agents produce, Imported electrical and electronic products should comply with national regulations on pollution control of electrical and electronic products, adopt design solutions that are conducive to comprehensive utilization of resources and harmless treatment, and use materials that are non-toxic and harmless or have low toxicity and harm, and are easy to recycle.
Electrical and electronic products or product manuals should provide information on the content of toxic and harmful substances, recycling instructions and other information in accordance with regulations.
Article 11
The state encourages manufacturers of electrical and electronic products to recycle waste electrical and electronic products on their own or by entrusting sellers, maintenance agencies, after-sales service agencies, and waste electrical and electronic product recycling operators . Sellers, maintenance agencies, and after-sales service agencies of electrical and electronic products shall display reminder information on the recycling and disposal of waste electrical and electronic products in prominent locations in their business premises.
Recycled waste electrical and electronic products should be handled by processing enterprises qualified to process waste electrical and electronic products.
Article 12
Recycling operators of waste electrical and electronic products shall adopt a variety of methods to provide convenient and fast recycling services for users of electrical and electronic products.
When waste electrical and electronic product recycling operators process the recovered waste electrical and electronic products, they shall obtain the qualification for processing waste electrical and electronic products in accordance with the provisions of these regulations; if they fail to obtain the processing qualification, they shall dispose of the recovered waste electrical and electronic products. The products should be handed over to processing companies qualified to handle waste electrical and electronic products.
Recycled electrical and electronic products that have been repaired and sold must meet the mandatory requirements of national technical specifications to protect human health and personal and property safety, and be marked as used goods in a prominent position. Specific management measures shall be formulated by the commerce department of the State Council.
Article 13
If agencies, groups, enterprises and institutions hand over waste electrical and electronic products to processing enterprises qualified to process waste electrical and electronic products, they shall handle the assets in accordance with relevant national regulations. Write-off procedures.
Disposal of waste electrical and electronic products involving state secrets shall be handled in accordance with national confidentiality regulations.
Article 14
The state encourages processing enterprises to establish long-term cooperative relationships with relevant electrical and electronic product manufacturers and sellers, as well as waste electrical and electronic product recycling operators, to recycle and process waste electrical appliances electronic products.
Article 15
The disposal of waste electrical and electronic products shall comply with national requirements for comprehensive utilization of resources, environmental protection, labor safety and protection of human health.
It is prohibited to use technologies and processes that have been explicitly eliminated by the state to treat waste electrical and electronic products.
Article 16
Disposal enterprises shall establish a daily environmental monitoring system for the disposal of waste electrical and electronic products.
Article 17
Disposal enterprises shall establish a data information management system for waste electrical and electronic products, and report waste electrical appliances to the environmental protection department of the local people's government at the districted municipal level. Basic data and related situations of electronic product processing. The retention period of basic data on the disposal of waste electrical and electronic products shall not be less than 3 years.
Article 18
Disposal enterprises that dispose of waste electrical and electronic products shall enjoy tax incentives in accordance with relevant national regulations.
Article 19
Units and individuals that recycle, store, transport, and process waste electrical and electronic products must abide by national regulations on environmental protection and environmental sanitation management.
Chapter 3 Supervision and Management
Article 20
The competent departments of the State Council for comprehensive utilization of resources, quality supervision, environmental protection, and industrial information industry shall, in accordance with regulations Responsibilities Formulate relevant policies and technical specifications for the disposal of waste electrical and electronic products.
Article 21
The environmental protection department of the provincial people's government, together with the departments in charge of comprehensive utilization of resources, commerce, and industrial information industry at the same level, prepare the development of the treatment of waste electrical and electronic products in the region Planning shall be submitted to the environmental protection department of the State Council for filing.
Local people's governments should incorporate the construction of infrastructure for recycling and processing of waste electrical and electronic products into urban and rural planning.
Article 22
Obtain qualifications for the disposal of waste electrical and electronic products, register in accordance with the "Regulations of the People's Republic of China on Company Registration and Management" and other regulations and conduct business within its scope of business Only enterprises that indicate the treatment of waste electrical and electronic products can engage in waste electrical and electronic product processing activities.
Except as stipulated in Article 34 of these Regulations, units and individuals that have not obtained the qualification to dispose of waste electrical and electronic products are prohibited from handling waste electrical and electronic products.
Article 23
To apply for qualifications for the disposal of waste electrical and electronic products, one must meet the following conditions:
(1) Have a complete facility for the treatment of waste electrical and electronic products Facilities;
(2) Have a proper utilization or disposal plan for waste electrical and electronic products that cannot be completely processed;
(3) Have a plan that is suitable for the waste electrical and electronic products being processed Sorting, packaging and other equipment;
(4) Professional and technical personnel with relevant safety, quality and environmental protection.
Article 24
To apply for qualifications for the disposal of waste electrical and electronic products, a written application must be submitted to the environmental protection department of the local people’s government at the districted municipal level and relevant certificates must be provided. Material. The environmental protection authority that accepts the application shall complete the review within 60 days from the date of receipt of the complete application materials and make a decision to grant the license or not.
Article 25
The environmental protection departments of local people's governments at or above the county level shall strengthen supervision and inspection of waste electrical and electronic product processing activities through written verification and on-site inspections. .
Article 26
Any unit or individual has the right to report violations of these regulations to the relevant departments. Relevant departments should keep the whistleblower confidential and deal with it in a timely manner in accordance with the law.
Chapter 4 Legal Responsibilities
Article 27
In violation of the provisions of these regulations, producers of electrical and electronic products and consignees of imported electrical and electronic products Or if the electrical and electronic products produced or imported by its agents or in the product manuals do not provide information on the content of toxic and harmful substances, recycling instructions and other information as required, the product quality supervision department of the local people's government at or above the county level shall order corrections within a time limit. A fine of not more than RMB 50,000 shall be imposed.
Article 28
Anyone who violates the provisions of these Regulations and engages in waste electrical and electronic product disposal activities without obtaining the qualification to dispose of waste electrical and electronic products shall be punished by the industrial and commercial administration authorities in accordance with the "No. Penalties shall be imposed in accordance with the provisions of the Measures for Business Investigation, Punishment and Banning.
If detected by the environmental protection department, the environmental protection department of the people's government at or above the county level will order the company to suspend business or close down, confiscate illegal income, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Article 29
Anyone who violates the provisions of these regulations and uses technologies and processes that have been explicitly eliminated by the state to deal with waste electrical and electronic products shall be ordered by the environmental protection department of the people's government at or above the county level. Correct within a time limit; if the circumstances are serious, the environmental protection department of the people's government of the districted city shall suspend or revoke their qualifications for the disposal of waste electrical and electronic products in accordance with the law.
Article 30
If the disposal of waste electrical and electronic products causes environmental pollution, the environmental protection department of the people's government at or above the county level shall impose penalties in accordance with the relevant regulations on the prevention and control of environmental pollution by solid waste.
Article 31
In violation of the provisions of these regulations, the processing enterprise fails to establish a data information management system for waste electrical and electronic products, fails to submit basic data and relevant information as required, or fails to report If basic data is submitted, relevant information is untrue, or basic data is not saved within the specified period, the environmental protection department of the local people's government at the districted municipal level will order corrections within a time limit and may impose a fine of not more than 50,000 yuan.
Article 32
If an enterprise violates the provisions of these regulations and fails to establish a daily environmental monitoring system or fails to carry out daily environmental monitoring, the environmental protection department of the people's government at or above the county level shall Order to make corrections within a time limit and may be fined not more than 50,000 yuan.
Article 33
Whoever violates the provisions of these regulations and the staff of the relevant administrative departments abuses their power, neglects their duties, engages in malpractice for personal gain, and constitutes a crime, shall be investigated for criminal responsibility in accordance with the law; If it does not constitute a crime, sanctions will be imposed in accordance with the law.
Chapter 5 Supplementary Provisions
Article 34
With the approval of the provincial people's government, centralized processing sites for waste electrical and electronic products may be established.
The centralized treatment site for waste electrical and electronic products shall have complete centralized treatment facilities for pollutants to ensure compliance with national or local pollutant emission standards and technical standards for the prevention and control of environmental pollution by solid waste, and shall comply with the relevant provisions of these Regulations.
Concentrated processing sites for waste electrical and electronic products should comply with national and local industrial zone establishment plans, coordinate with local land use planning and urban and rural planning, and should accelerate industrial upgrading.
Article 35
This Regulation shall come into effect on January 1, 2011.