Chapter I General Principles

first

In order to regulate the recycling activities of waste electrical and electronic products, promote the comprehensive utilization of resources and the development of circular economy, protect the environment and safeguard human health, these Regulations are formulated in accordance with the relevant provisions of the Law of People's Republic of China (PRC) Municipality on the Promotion of Cleaner Production and the Law of People's Republic of China (PRC) Municipality on the Prevention and Control of Environmental Pollution by Solid Waste.

second

The disposal activities of waste electrical and electronic products as mentioned in these Regulations refer to the activities of dismantling waste electrical and electronic products, extracting substances from them as raw materials or fuels, reducing or eliminating their harmful components by changing their physical and chemical characteristics, and finally placing them in landfills that meet the requirements of environmental protection, excluding the activities of product maintenance, renovation and reuse as second-hand goods after maintenance and renovation.

essay

These Regulations shall apply to the recycling of waste electrical and electronic products listed in the Catalogue of Disposal of Waste Electrical and Electronic Products (hereinafter referred to as the Catalogue) and related activities.

The competent department of comprehensive utilization of resources in the State Council shall, jointly with the competent departments of environmental protection and industrial information industry in the State Council, formulate and adjust the catalogue, which shall be implemented after being approved by the State Council.

Article 4

The competent department of environmental protection in the State Council shall, jointly with the competent department of comprehensive utilization of resources and industrial information industry in the State Council, be responsible for organizing the formulation of policies and measures for the recycling of waste electrical and electronic products and coordinating their implementation, and be responsible for the supervision and management of the disposal of waste electrical and electronic products. The State Council Municipal Department of Commerce is responsible for the management of recycling of waste electrical and electronic products. The State Council finance, industry and commerce, quality supervision, taxation, customs and other competent departments are responsible for the relevant management work within their respective responsibilities.

Article 5

The state implements a multi-channel recycling and centralized treatment 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 competent department of environmental protection of the Municipal People's Government with districts shall examine and approve the qualifications of enterprises dealing with waste electrical and electronic products (hereinafter referred to as processing enterprises).

Article 7

The state establishes a fund for the treatment of waste electrical and electronic products to subsidize the recovery and treatment 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 fund for the disposal of waste electrical and electronic products in accordance with the provisions.

Waste electrical and electronic products processing fund shall be included in the budget management, and the specific measures for its collection, use and management shall be formulated by the financial department of the State Council jointly with the competent department of environmental protection, comprehensive utilization of resources and industrial information industry of the State Council, and implemented after being reported to the State Council for approval.

To formulate the collection standards and subsidy standards for the disposal fund of waste electrical and electronic products, we should fully listen to the opinions of electrical and electronic product manufacturers, disposal enterprises, relevant industry associations and experts.

Article 8

The state encourages and supports scientific research, technical development, research on relevant technical standards and demonstration, popularization and application of new technologies, new processes and new equipment for the disposal of waste electrical and electronic products.

Article 9

Waste electrical and electronic products prohibited by the state shall not be imported.

Chapter II Liability of Related Parties

Article 10

Producers of electrical and electronic products, consignees of imported electrical and electronic products or their agents shall produce and import electrical and electronic products in accordance with the provisions of the state on pollution control of electrical and electronic products, adopt a design scheme conducive to comprehensive utilization and harmless treatment of resources, and use materials that are non-toxic and harmless or low in toxicity and harm and easy to recycle.

Electrical and electronic products or product manuals shall provide information such as the content of toxic and harmful substances, suggestive instructions on recycling and other information in accordance with regulations.

Article 11

The state encourages producers of electrical and electronic products to recycle waste electrical and electronic products by themselves or by entrusting sellers, maintenance agencies, after-sales service agencies and recycling operators of waste electrical and electronic products. Sellers, maintenance agencies and after-sales service agencies of electrical and electronic products shall mark the suggestive information on the recycling of waste electrical and electronic products in a prominent position in their business premises.

The recovered waste electrical and electronic products shall be handed over to a disposal enterprise with the qualification for the disposal of waste electrical and electronic products.

Article 12

Operators of waste electrical and electronic products recycling should adopt various ways to provide convenient and fast recycling services for users of electrical and electronic products.

Operators of waste electrical and electronic products recycling shall obtain the qualification for the disposal of waste electrical and electronic products in accordance with the provisions of these regulations; Without obtaining the qualification for disposal, the recovered waste electrical and electronic products shall be handed over to the disposal enterprise with the qualification for disposal of waste electrical and electronic products.

If the recovered electrical and electronic products are sold after repair, they must meet the mandatory requirements of national technical specifications for protecting human health and personal and property safety, and be marked as secondhand goods in a prominent position. The specific management measures shall be formulated by the competent department of commerce of the State Council.

Article 13

Organs, organizations, enterprises and institutions that hand over waste electrical and electronic products to processing enterprises with the qualification to handle waste electrical and electronic products shall go through the formalities of asset write-off in accordance with the relevant provisions of the state.

Waste electrical and electronic products involving state secrets shall be handled in accordance with the state secrecy provisions.

Article 14

The state encourages processing enterprises to establish long-term cooperative relations with producers and sellers of related electrical and electronic products and recycling operators of waste electrical and electronic products to recycle waste electrical and electronic products.

Article 15

The disposal of waste electrical and electronic products shall meet the requirements of the state on comprehensive utilization of resources, environmental protection, labor safety and protection of human health.

It is forbidden to use technologies and processes explicitly eliminated by the state to dispose of waste electrical and electronic products.

Article 16

The disposal enterprise shall establish a daily environmental monitoring system for the disposal of waste electrical and electronic products.

Article 17

The disposal enterprise shall establish a data information management system for waste electrical and electronic products, and submit the basic data and relevant information on the disposal of waste electrical and electronic products to the competent department of environmental protection of the municipal people's government with districts where it is located. The retention period of the basic data for the disposal of waste electrical and electronic products shall not be less than 3 years.

Article 18

Disposal enterprises shall enjoy preferential tax treatment in accordance with the relevant provisions of the state when disposing of waste electrical and electronic products.

Article 19

Units and individuals that recycle, store, transport and dispose of waste electrical and electronic products shall abide by the relevant state regulations on environmental protection and environmental sanitation management.

Chapter III Supervision and Administration

Article 20

Departments in charge of comprehensive utilization of resources, quality supervision, environmental protection and industrial information industry in the State Council shall formulate relevant policies and technical specifications for the disposal of waste electrical and electronic products in accordance with the prescribed responsibilities.

Article 21

The competent department of environmental protection of the people's government at the provincial level shall, jointly with the competent departments of comprehensive utilization of resources, commerce and industrial information industry at the same level, prepare the development plan for the treatment of waste electrical and electronic products in this region and report it to the competent department of environmental protection of the State Council for the record.

The local people's governments shall incorporate the infrastructure construction of recycling and processing of waste electrical and electronic products into urban and rural planning.

Article 22

An enterprise that has obtained the qualification for the disposal of waste electrical and electronic products may engage in the disposal of waste electrical and electronic products if it is registered in accordance with the Regulations of the People's Republic of China on the Administration of Company Registration and indicates the disposal of waste electrical and electronic products in its business scope.

In addition to the provisions of article 34 of these regulations, units and individuals that have not obtained the qualification for the disposal of waste electrical and electronic products are prohibited from disposing of waste electrical and electronic products.

Article 23

To apply for the qualification of waste electrical and electronic products, the following conditions shall be met:

(a) there are perfect facilities for the treatment of waste electrical and electronic products;

(2) There are plans for proper utilization or disposal of waste electrical and electronic products that cannot be completely disposed of;

(3) Having sorting and packaging equipment suitable for the waste electrical and electronic products to be treated;

(four) professional and technical personnel with relevant safety, quality and environmental protection.

Article 24

To apply for the qualification of waste electrical and electronic products, a written application shall be submitted to the competent department of environmental protection of the Municipal People's Government where the district is located, and relevant certification materials shall be provided. The competent department of environmental protection that accepts the application shall complete the examination within 60 days from the date of receiving the complete application materials, and make a decision on whether to grant permission or not.

Article 25

The competent department of environmental protection of the local people's government at or above the county level shall strengthen the supervision and inspection of the disposal activities of waste electrical and electronic products through written verification and on-site inspection.

Article 26

Any unit or individual has the right to report violations of these regulations to the relevant departments. The relevant departments shall keep confidential the informants and deal with them in a timely manner according to law.

Chapter IV Legal Liability

Article 27

In violation of the provisions of these regulations, the producers of electrical and electronic products, the consignees of imported electrical and electronic products or their agents fail to provide information such as the content of toxic and harmful substances, the prompt explanation of recycling and disposal. According to the regulations, the product quality supervision department of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of less than 50,000 yuan.

Article 28

Whoever, in violation of the provisions of this Ordinance, engages in the disposal activities of waste electrical and electronic products without obtaining the qualification for disposal of waste electrical and electronic products shall be punished by the administrative department for industry and commerce in accordance with the provisions of the Measures for Investigating and Banning Unlicensed Business.

If the competent department of environmental protection finds it, the competent department of environmental protection of the people's government at or above the county level shall order it to suspend business or close down, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.

Article 29

Whoever, in violation of the provisions of this Ordinance, uses technologies and processes explicitly eliminated by the state to dispose of waste electrical and electronic products shall be ordered by the competent environmental protection department of the people's government at or above the county level to make corrections within a time limit; If the circumstances are serious, the competent department of environmental protection of the Municipal People's Government with districts shall suspend or even revoke its qualification for disposing of waste electrical and electronic products.

Article 30

If the disposal of waste electrical and electronic products causes environmental pollution, the competent department of environmental protection of the people's government at or above the county level shall be punished in accordance with the relevant provisions on the prevention and control of environmental pollution by solid waste.

Article 31

If, in violation of the provisions of this Ordinance, the processing enterprise fails to establish a data information management system for waste electrical and electronic products, fails to submit basic data and related information as required, or fails to keep basic data within the prescribed time limit, the competent environmental protection department of the municipal people's government with districts in the locality shall order it to make corrections within a time limit and may impose a fine of less than 50,000 yuan.

Article 32

In violation of the provisions of these regulations, if the processing enterprise fails to establish a daily environmental monitoring system or carry out daily environmental monitoring, the competent environmental protection department of the people's government at or above the county level shall order it to make corrections within a time limit and may impose a fine of not more than 50,000 yuan.

Article 33

In violation of the provisions of this Ordinance, the staff of the relevant administrative departments abuse their powers, neglect their duties, engage in malpractices for selfish ends, which constitutes a crime, and shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.

Chapter V Supplementary Provisions

Article 34

With the approval of the provincial people's government, a centralized disposal site for waste electrical and electronic products can be established. The centralized treatment plant for waste electrical and electronic products shall have perfect centralized treatment facilities for pollutants, ensure that it meets the national or local pollutant discharge standards and technical standards for the prevention and control of environmental pollution by solid waste, and abide by the relevant provisions of these regulations.

The centralized disposal site of waste electrical and electronic products shall conform to the planning of national and local industrial parks, coordinate with local land use planning and urban and rural planning, and accelerate industrial upgrading.

Article 35

These Regulations shall come into force as of 20111.