Waste Electrical Appliances Recycling Management Regulations

Waste Electrical Appliances Recycling Management Regulations
(August 20, 2008 23rd State Council executive meeting, the State Council of the PRC Order No. 551 promulgated, January 1, 2011 implementation)
Chapter 1 General Provisions
Article 1 In order to regulate the recycling and disposal of waste electrical and electronic products, promote the comprehensive utilization of resources and the development of recycling economy, protect the environment, and protect human health, according to the "Cleaner Production Promotion Law of the People's Republic of China" and the "Pollution Prevention of Solid Wastes of the People's Republic of China" The relevant provisions of the "Law" are enacted.
Article 2 The handling of waste electrical and electronic products referred to in these Regulations refers to the dismantling of waste electrical and electronic products, the extraction of substances from them as raw materials or fuels, and the reduction of the physical and chemical properties of waste electrical and electronic products. The number of waste electrical and electronic products, the reduction or elimination of their hazardous components, and the eventual placement of them in landfills that meet environmental protection requirements do not include product maintenance, refurbishment, and activities that are reused as repairs or refurbishments.
Article 3 This Regulation shall apply to the collection and disposal of waste electrical and electronic products listed in the Catalogue for Disposal of Waste Electrical and Electronic Products (hereinafter referred to as the “Catalogue”).
The State Council department in charge of the comprehensive utilization of resources shall, in conjunction with the competent departments of environmental protection and industry information industry of the State Council, formulate and adjust the “Catalogue” and submit it to the State Council for approval and implementation.
Article 4 The competent department of environmental protection under the State Council shall, in conjunction with the State Council department responsible for the comprehensive utilization of resources and the industrial information industry, be responsible for organizing the formulation and disposal of policies and measures for the recycling of discarded electrical and electronic products. It shall be responsible for the supervision and management of the disposal of discarded electronic and electronic products. The State Council department in charge of commerce shall be responsible for the management of the recycling of discarded electrical and electronic products. The competent departments of finance, industry and commerce, quality supervision, taxation, and customs of the State Council shall be responsible for the relevant management within the scope of their respective duties.
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 and permit system for the disposal of waste electrical and electronic products. The competent department of environmental protection of the people's government at the municipal level in the district shall examine the qualifications of the enterprises dealing with the disposal of waste electrical and electronic products (hereinafter referred to as processing enterprises).
Article 7 The State establishes a fund for disposal of waste electrical and electronic products for the subsidy for the cost of recycling of waste electrical and electronic products. The consignee or its agent of producers of electrical and electronic products, imported electrical and electronic products shall perform the payment obligations for the disposal of waste electrical and electronic products according to regulations.
Waste electrical and electronic product disposal funds shall be incorporated into the budget management, and the specific measures for the collection, use, and management of them shall be formulated by the financial department of the State Council in conjunction with the competent department of environmental protection, comprehensive utilization of resources, and industrial information industry of the State Council, and shall be implemented after being reported to the State Council for approval.
To formulate collection standards and subsidy standards for disposal of waste electrical and electronic product processing funds, they shall fully listen to opinions of electrical and electronic product manufacturing enterprises, processing enterprises, relevant industry associations and experts.
Article 8 The State encourages and supports the scientific research, technological development, research of relevant technical standards for the disposal of waste electrical and electronic products, as well as the demonstration, promotion and application of new technologies, new processes and new equipment.
Article 9 Waste electrical and electronic products that are prohibited from import by the State may not be imported.
Chapter II Responsibilities of Related Parties
Article 10 The electrical and electronic products produced by and imported from the producers of electrical and electronic products, the consignees of imported electrical and electronic products, or their agents shall comply with the state's regulations on pollution control of electrical and electronic products, and shall be conducive to the comprehensive utilization and decontamination of resources. The design of the treatment is designed to use materials that are non-toxic, harmless, or low-toxic, low-toxic, and easily recycled.
Electrical and electronic products or product specifications shall provide information on the content of toxic and hazardous substances, and instructions for recycling and disposal.
Article 11 The State encourages producers of electrical and electronic products to collect waste electrical and electronic products on their own or by entrusting sellers, maintenance agencies, after-sales service agencies, and recycling operators of discarded electrical and electronic products. Sellers of electrical and electronic products, maintenance organizations, and after-sales service agencies should mark the salvaging information of discarded electric and electronic products prominently in their business locations.
The returned waste electrical and electronic products shall be disposed of by a processing enterprise that has the qualification for disposal of waste electrical and electronic products.
Article 12 The recycling operators of discarded electrical and electronic products shall adopt various methods to provide convenient and fast recycling services for users of electrical and electronic products.
Waste electrical and electronic product recovery operators shall dispose of used electrical and electronic products in accordance with the provisions of these Regulations when processing waste electrical and electronic products that have been recycled; if they do not qualify for processing, they shall submit the scrap electrical and electronic products that have been recovered to waste electrical and electronic products. Processing qualification processing enterprise processing.
After the recovered electrical and electronic products have been restored and sold, they must comply with the mandatory requirements of the national technical specifications such as human health protection and personal and property safety, and be marked as used goods in prominent locations. The specific management measures shall be formulated by the competent commerce department of the State Council.
Article 13: Organs, organizations, enterprises and institutions that dispose of waste electrical and electronic products and handle the treatment of waste electrical and electronic products shall be handled according to relevant state regulations.
The disposal of discarded electrical and electronic products involving state secrets shall be handled in accordance with the state secrecy regulations.
Article 14 The State encourages processing enterprises to establish long-term cooperative relationships with producers and sellers of related electrical and electronic products, as well as recyclers of discarded electrical and electronic products, and to recycle waste electrical and electronic products.
Article 15 Disposal of waste electrical and electronic products shall comply with the State's requirements for comprehensive utilization of resources, environmental protection, labor safety, and protection of human health.
It is forbidden to use the technologies and processes that are explicitly ordered by the State to dispose of waste electrical and electronic products.
Article 16 A treatment enterprise shall establish a routine environmental monitoring system for the disposal of waste electrical and electronic products.
Article 17 A treatment enterprise shall establish a data and information management system for discarded electric and electronic products, and submit the basic data and related information on disposal of discarded electric and electronic products to the competent department of environmental protection of the local people's government at the locality. The basic data for disposal of waste electrical and electronic products must be kept for at least 3 years.
Article 18 Dealing with the disposal of waste electrical and electronic products by enterprises shall enjoy preferential taxation in accordance with relevant state regulations.
Article 19 Units and individuals that recycle, store, transport, and dispose of waste electrical and electronic products shall abide by the provisions of the State on environmental protection and environmental sanitation management.
Chapter III Supervision and Administration
Article 20 The State Council department in charge of the comprehensive utilization of resources, quality supervision, environmental protection, industrial information industry, etc. shall formulate relevant policies and technical specifications for the disposal of waste electrical and electronic products in accordance with the prescribed duties.
Article 21 The competent department of environmental protection of the people's government at the provincial level shall, together with the competent department of comprehensive utilization of resources and business and industrial information industries at the same level, prepare a plan for the development and disposal of waste electrical and electronic products in the region, and report it to the competent department of environmental protection under the State Council for the record.
The local people's government shall incorporate the construction of the infrastructure for the recycling of waste electrical and electronic products into urban and rural planning.
Article 22 Enterprises that have obtained the qualifications for the treatment of waste electrical and electronic products, registered in accordance with the Regulations on the Registration of Companies of the People's Republic of China and other provisions, and indicate the disposal of waste electrical and electronic products in the scope of their business operations may engage in the waste electrical and electronic products. Handling activities.
Except as provided for in Article 34 of these Regulations, it is forbidden for units and individuals who have not obtained qualifications for the disposal of waste electrical and electronic products to dispose of used electrical and electronic products.
Article 23 The qualifications for applying for disposal of waste electrical and electronic products shall meet the following conditions:
(1) Having complete waste electrical and electronic product processing facilities;
(2) Having a plan for the proper use or disposal of waste electrical and electronic products that cannot be completely treated;
(3) having sorting, packaging and other equipment suitable for the disposal of waste electrical and electronic products;
(4) Professional and technical personnel with relevant safety, quality and environmental protection.
Article 24 When applying for the qualification for the disposal of waste electrical and electronic products, it shall submit a written application to the competent department of environmental protection of the local people's government at the locality where it is located, and provide relevant certification materials. The competent department of environmental protection that accepts the application shall complete the examination within 60 days from the date of receipt of the complete application materials, and make a decision of approval or disapproval.
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 of waste electrical and electronic products through written verification and on-site inspections.
Article 26 Any unit or individual shall have the right to report to the relevant authorities any violation of the provisions of these Regulations. The relevant departments shall keep the prosecutors confidential and handle them in a timely manner in accordance with the 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 the agents of their manufacture or import shall not provide the content of toxic and hazardous substances in accordance with the regulations on electrical and electronic products or in product specifications. Where information such as indicative instructions for recycling is processed, 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 no more than 50,000 yuan.
Article 28 Those who violate the provisions of these Regulations and engage in the disposal of waste electrical and electronic products without authorization for the disposal of waste electrical and electronic products shall be punished by the administrative authority for industry and commerce in accordance with the provisions of the Measures for Investigating and Prosecuting Unlicensed Business.
Where the competent department of environmental protection finds out, the competent department of environmental protection of the people's government at or above the county level shall order the closure of the business, close it, confiscate the illegal income, and impose a fine of 50,000 yuan up to 500,000 yuan.
Article 29 Whoever, in violation of the provisions of these Regulations, uses discarded electronic and electronic products that are explicitly phased out by the State, shall be ordered by the competent department of environmental protection of the people's government at or above the county level to make corrections within a time limit; where the circumstances are serious, the people of the municipality The government’s environmental protection authority suspended the law and revoked its disposal of waste electrical and electronic products.
Article 30 The disposal of waste electrical and electronic products causing environmental pollution shall be penalized by the competent department of environmental protection of the people's government at or above the county level in accordance with the relevant provisions on the prevention and control of environmental pollution by solid wastes.
Article 31 In violation of the provisions of these Regulations, the data information management system that does not establish discarded electrical and electronic products by the enterprise fails to submit basic data and relevant information or submit basic data according to regulations, and the relevant conditions are not true, or fail to meet the prescribed deadlines. Where basic data are preserved, the competent department of environmental protection of the people's government of the municipality where it is located shall order it to make corrections within a time limit, and may impose a fine of up to 50,000 yuan.
Article 32 Those who violate the provisions of these Regulations and deal with an enterprise that has not established a daily environmental monitoring system or does not carry out daily environmental monitoring shall be ordered by the competent department of environmental protection of the people's government at or above the county level to make corrections within a time limit and may be imposed a fine of not more than 50,000 yuan.
Article 33 In violation of the provisions of these Regulations, if the staff of the relevant administrative department abuses their power, neglects their duties, engages in malpractice for personal gains and constitutes a crime, they shall be investigated for criminal responsibility in accordance with the law. If the crime does not constitute a crime, the punishment shall be imposed according to law.
Chapter 5 Supplementary Provisions
Article 34 With the approval of the provincial people's government, a centralized disposal site for waste electrical and electronic products may be established. The waste electrical and electronic product centralized disposal site shall have a complete centralized treatment facility for pollutants to ensure compliance with the national or local standards for the discharge of pollutants and technical standards for the prevention and control of environmental pollution by solid waste, and shall comply with the relevant provisions of these Regulations.
Disposal of waste electrical and electronic products should be in line with the national and local industrial park planning, coordination with local land use planning and urban and rural planning, and should accelerate the realization of industrial upgrading.
Article 35 This Regulation shall come into force on January 1, 2011.

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