(Updated Edition) China RoHS FAQ
The "Administrative Measures for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products" (hereinafter referred to as the "Administrative Measures") were promulgated on January 6, 2016, and officially came into effect on July 1, 2016. In order to help relevant stakeholders understand the various requirements of the Administrative Measures and ensure their effective implementation, the Department of Energy Conservation and Comprehensive Utilization of the Ministry of Industry and Information Technology organized the China Electronics Standardization Institute, the China Academy of Information and Communications Technology, the Fifth Electronics Research Institute of the Ministry of Industry and Information Technology, as well as the China Electrical Equipment Industry Association, the China Household Electrical Appliances Association, the China Electronic Energy-Saving Technology Association, the China Household Electric Appliance Research Institute, and the China Video Industry Association to jointly compile the "FAQs on the Implementation of the Administrative Measures for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products" (hereinafter referred to as the "FAQs").
During the preparation of the FAQs, opinions were solicited from the Environment Working Group of the Working Committee of the Investment Companies (ECFIC) under the China Association of Enterprises with Foreign Investment, as well as from international industry organizations such as European electrical and electronic industry bodies, the United States Information Technology Office (USITO), and the Japan Electronics and Information Technology Industries Association (JEITA), along with domestic and international industry experts. With the consent of the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Environmental Protection, the Ministry of Commerce, the General Administration of Customs, and the General Administration of Quality Supervision, Inspection and Quarantine, the FAQs were finalized and officially released to the public. (The following content is presented in the original Simplified Chinese text.)
A.
The "Administrative Measures" is a departmental regulation. Its superior laws include the "Law of the People's Republic of China on Promoting Cleaner Production," the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste," and the "Regulation on the Administration of the Recovery and Disposal of Waste Electrical and Electronic Products."
The main purposes of formulating the "Administrative Measures" are as follows:
- Actively implement "Made in China 2025," comprehensively promote green manufacturing, develop green products, and build a green manufacturing system;
- Establish the restriction of hazardous substances in electrical and electronic products as a fundamental task for cleaner industrial production and recycling of waste electrical and electronic products, reflecting the environmental protection principle of "prevention first" and the approach of "addressing issues at the source";
- Incorporate the restriction of hazardous substances into industry management, achieve legalization, and align with international practices;
- Promote substitution or reduction of hazardous substances, advocate eco-design, and enhance environmental protection, resource conservation, and comprehensive utilization throughout production, use, and end-of-life stages;
- Accelerate industrial restructuring and optimization to ensure sustainable development.
A.
Compared with the original version, the revised "Administrative Measures" mainly includes the following adjustments:
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Scope of application
The name has been revised to "Administrative Measures for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products." The scope has been expanded from electronic information products to electrical and electronic products, while the core focus remains on restricting hazardous substances.
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Conformity assessment system
The "Administrative Measures" adopts a "two-step" approach: in the first step, products are only required to declare hazardous substance information (in accordance with marking requirements); in the second step, products included in the "Compliance Management Catalog" must meet substance restriction limits.
Additionally, Article 18 introduces a conformity assessment system to be established based on national conditions, with detailed measures to be issued separately.
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Removal of packaging labeling requirements
The requirement to use non-hazardous, degradable, and recyclable packaging materials remains. However, labeling requirements for packaging were removed because relevant national standards have already been issued.
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The "Administrative Measures" standardizes the terminology for restricted substances. This does not affect the substantive requirements. The original version referred to the "Key Management Catalog for Pollution Control of Electronic Information Products."
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The "Administrative Measures" do not apply to Hong Kong, Macao, and Taiwan. However, products manufactured in these regions and sold in mainland China must comply with the relevant requirements.
A.
Compliance is determined by the production date. Products manufactured on or after July 1, 2016 must meet the requirements. The production date refers to the date when the product has completed all processes, passed inspection, and is packaged as a finished product ready for sale.
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Imported products follow the same requirement as domestically produced products. Compliance is based on the production date and is not related to customs clearance or market entry time.
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According to relevant provisions, the applicable standards include:
- "Marking Requirements for the Restriction of Hazardous Substances in Electrical and Electronic Products" (SJ/T11364-2014);
- "Requirements for Concentration Limits of Certain Hazardous Substances in Electrical and Electronic Products" (GB/T26572-2011);
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Test methods:
- "Determination of Six Restricted Substances..." (GB/T26125-2011);
- "Determination of Hexavalent Chromium..." (GB/T29783-2013).
These standards are mandatory for compliance with the "Administrative Measures."
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No. The environmentally friendly use period refers to the time during which hazardous substances will not leak or cause harm under normal use. It is different from the safe use period, which relates to safety factors such as electrical or electromagnetic safety.
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The environmentally friendly use period is determined by the enterprise. Industry associations may provide guidance, and reference can be made to SJ/Z11388-2009. Typically, the shortest lifespan among components determines the overall product period. No government approval is required.
I. Explanation of the Scope of Application of the "Administrative Measures"
A.
The term "supporting products" refers to components/parts, elements, and materials used in electrical and electronic equipment within the scope of the "Administrative Measures." Note: Standard accessories, optional accessories, and spare parts used for repair, refurbishment, expansion, or upgrades are also included.
Standard accessories are auxiliary parts supplied with the product and are necessary for proper use and performance. Optional accessories enhance functionality or performance but are not required for basic operation. As part of electrical and electronic products, supporting products must comply with the "Administrative Measures."
A.
The following equipment and their dedicated/supporting products are not within the scope:
- Equipment related to power generation, transmission, and distribution (e.g., power plants, substations, building power systems);
- Equipment used for military purposes;
- Equipment used in special or extreme environments;
- Products intended for export (must comply with destination country regulations);
- Temporarily imported products or products for repair not intended for sale;
- Prototypes used for R&D or testing;
- Exhibition or display samples not intended for sale.
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The original regulation listed ten product categories. However, due to rapid technological changes, the current "Administrative Measures" adopts a generalized classification approach rather than an exhaustive list.
The scope includes, but is not limited to:
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Communication equipment
Includes wired and wireless devices such as mobile phones, fax machines, radios, navigation equipment, etc.
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Broadcast and television equipment
Includes broadcasting systems, transmission equipment, and TV-related devices.
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Computers and office equipment
Includes servers, PCs, printers, routers, storage devices, biometric devices, UPS, etc.
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Household electrical and electronic equipment
Includes appliances such as audio/video devices, kitchen appliances, air conditioners, and security systems used in homes or similar environments.
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Electronic instruments
Includes measuring, monitoring, and analytical instruments.
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Industrial electrical equipment
Includes industrial production, processing, and control equipment.
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Power tools
Includes handheld, portable, and garden electric tools.
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Medical electronic equipment
Includes devices used for diagnosis, treatment, or monitoring.
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Lighting products
Includes lamps and light sources such as LED, fluorescent, etc.
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Entertainment and sports electronic products
Includes electronic toys, instruments, and recreational devices.
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Stakeholders can determine applicability based on the regulatory criteria and should retain evidence if claiming exclusion.
II. Specific Cases Related to Scope
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No. Electric transportation tools are not considered electrical and electronic products under this regulation.
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All batteries are included except those specifically used in excluded products.
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Except for power transmission and distribution cables excluded in Q11 Item 1, all other cables used in electrical and electronic equipment within the scope of the "Administrative Measures" must comply with its requirements. Cables sold on the market without a clearly defined end use must also comply.
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Consumables that are themselves electrical and electronic products and can be replaced and installed by consumers (such as toner cartridges and ink cartridges) fall within the scope of the "Administrative Measures." Consumables that are not electrical and electronic products (such as vacuum cleaner dust bags) must comply when sold together with the equipment, but are not regulated when sold separately.
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Processing with supplied materials refers to using foreign-provided materials or components to manufacture products for export. These products and related imported materials are not subject to the "Administrative Measures." For processing with imported materials, if the finished products are exported, they are not subject to the regulation; if they are sold within mainland China, they must comply. Exported products must comply with the regulations of the destination country or region.
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Products intended exclusively for installation in equipment outside the scope (e.g., displays for vehicles or aircraft seats) are not included. However, if such products are sold separately without a defined end use, they fall within the scope.
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Replacement products are considered newly placed products on the market and therefore fall within the scope of the "Administrative Measures."
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Second-hand products are not within the scope of the "Administrative Measures."
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Products placed on the market through leasing are treated the same as sales and fall within the scope of the "Administrative Measures."
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If products are sold to a subsidiary with a separate legal entity, compliance is required. If transferred within the same legal entity (e.g., to a branch), it is considered an internal transfer and not "placing on the market," and therefore not subject to the regulation.
I. Implementation of the "Administrative Measures" and Enterprise Execution Process
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The process summarizes the general implementation and execution steps of the "Administrative Measures." See related link_PDF.
II. Categories of Restricted Hazardous Substances
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This is a common expression used in Chinese legal and regulatory documents.
III. Marking Requirements
(1) Implementation of Standards During the Transition Period
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SJ/T 11364-2014 was issued on July 9, 2014. According to MIIT Announcement No. 88 (2014), its implementation date aligns with the "Administrative Measures," i.e., both took effect on the same date.
Before the effective date, stakeholders may gradually transition between old and new standards. During this transition period, both are acceptable. Products newly included must complete hazardous substance marking in accordance with SJ/T 11364-2014, and all products manufactured on or after July 1, 2016 must comply.
A.
Enterprises may collect and declare hazardous substance information using methods such as:
- Supplier declarations and supporting technical documentation;
- Valid test reports or conducting/testing through third parties;
- Valid third-party certification certificates.
Enterprises are responsible for the accuracy and validity of declared information.
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The starting date is based on the product’s production date.
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Generally, forms that do not comply with the new standard cannot be used. However, if included in manuals or packaging, they may still be used with correction inserts for efficiency.
(2) Issues Related to Scope of Standard Application
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Products within the scope of the "Administrative Measures" must follow SJ/T 11364-2014. For products outside the scope but within the standard’s scope, compliance is recommended.
(3) Issues Related to Hazardous Substance Information Marking
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According to SJ/T 11364-2014, for electrical and electronic products procured for production support, suppliers are not required to label the products they provide, but must supply all information necessary for labeling to the purchaser. This provision aims to reduce production costs and avoid duplicate labeling during manufacturing. Under this rule, labeling may appear only on the final product, but must cover all components of the product. Upstream suppliers are responsible for providing all necessary labeling information to downstream customers. This includes components, parts, and raw materials of electrical and electronic products procured domestically or from abroad for production support.
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Since spare parts for electrical and electronic equipment are typically used to repair or upgrade similar products, labeling is not required for spare parts used in after-sales service in order to avoid duplicate labeling.
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For accessories that are not electrical or electronic equipment, if they are sold together with the main product and are necessary for the product’s structure or functionality (such as an extension table for an electric sewing machine or a lens hood for a camera), they must be labeled according to SJ/T 11364-2014, and their hazardous substance content must be included in the table. Otherwise, labeling is not required.
A.
For detachable accessories that are themselves electrical and electronic products (such as power adapters or keyboards), companies may choose whether to label the EFUP together with the main unit. If labeled together, the hazardous substance table must include information for these accessories. If labeled separately, the table may be presented either separately or together, but must still cover these accessories and indicate where hazardous substances are located.
For components that require periodic replacement and contain hazardous substances—especially when their EFUP is shorter than other parts—they may be labeled separately so that the EFUP of the main product is not affected.
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If the EFUP differs among the products, they may be labeled separately. If the EFUP is the same, they may be labeled individually or on the main product. The hazardous substance table must include information for the entire set and indicate where hazardous substances are located.
(IV) Specific Requirements for Labeling Content and Marks
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According to Section 6.2.1 of SJ/T 11364-2014, if hazardous substances do not exceed the specified limits, the “e” mark should be used, and the hazardous substance table is not required.
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The “e” uses an artistic font for aesthetic purposes. Its proportions can be derived from the standard grid in Figure 3 of Section 5.4.1 of SJ/T 11364-2014. Electronic versions of the figures are also available online.
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The colors are not mandatory. Green and orange are recommended. Manufacturers or importers may use other colors as long as they meet size and visibility requirements.
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Labels on molded surfaces, paper labels, or manuals may temporarily not need to meet the full requirements.
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It indicates that the content of a hazardous substance exceeds the specified limit. Additional explanations may be provided if substitution is not yet feasible.
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Component definitions are determined by the company but should cover all parts of the product. Components without hazardous substances are not required to be listed.
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No, because it would not clearly convey hazardous substance information to recyclers.
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Yes, additional information may be included, but required information must not be omitted or altered.
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Instructions should include environmental conditions, usage methods, and warnings to prevent misuse (e.g., “Keep away from high temperatures”). Special labeling applies to items like batteries or printer consumables.
(V) Selected Specific Labeling Examples
A.
Yes, only one label is required, but the hazardous substance table must include the battery.
A.
Yes. For mobile phones with removable batteries, the battery compartment is a visible area when consumers remove the battery. Therefore, it is acceptable to place the marking inside the battery compartment. It must also comply with the requirements of SJ/T 11364-2014 Section 6.1.1, ensuring that the marking is clear, legible, not easy to fade, and not easily removable.
A.
According to Chapter 4 “General Provisions” of SJ/T 11364-2014, the carrier of the product manual can be the packaging. If the product meets the conditions described in the second paragraph of Section 6.1.2, the marking may be provided only on the packaging.
IV. Limit Requirements
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Yes. The Ministry of Industry and Information Technology, together with relevant departments, will release the “Compliance Management Catalog” in batches based on industry development, following the principles of openness and transparency.
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Yes. Relevant exemptions for hazardous substances will be specified for products included in the “Compliance Management Catalog” and will be published together with the catalog.
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A transition period will be established for the implementation of the “Compliance Management Catalog,” and it will be specified when the catalog is issued.
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The conformity assessment system for the restricted use of hazardous substances in electrical and electronic products will be formulated in accordance with Article 18, Paragraph 2 of the “Management Measures” and will be issued in an appropriate form.
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Since the implementation of China’s “Management Measures” for pollution control of electronic information products is carried out in a “two-step approach,” after the Measures take effect, the “first step” only requires enterprises to make a “self-declaration” of information such as the names and content of toxic and hazardous substances or elements contained in products, environmental protection use periods, and recyclability. At this stage, many enterprises may engage testing or certification bodies to assist in making such “self-declarations.” This voluntary and non-mandatory testing and certification does not involve issues of mutual recognition between countries.
However, in the “second step,” when CCC mandatory certification is required due to government regulation, the issue of mutual recognition between countries does arise. Mutual recognition of testing and certification between countries cannot be achieved unilaterally and must be based on bilateral agreements. In practice, if a foreign government has signed an agreement on mutual recognition of certification bodies with the government of mainland China, China will recognize the certification issued by that country’s certification bodies; otherwise, it will not be recognized.
A.
Article 12 of the “Management Measures” stipulates that packaging materials for electrical and electronic products shall comply with relevant standards and use non-toxic, easily degradable, and recyclable materials. Therefore, packaging materials for electrical and electronic products fall within the scope of the “Management Measures,” but this requirement is currently of a recommended nature. Since the “Management Measures” remove provisions related to packaging labeling, labeling requirements for packaging materials should be implemented in accordance with relevant regulations and national standards.
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One of the legislative purposes of the “Management Measures” is to facilitate the dismantling and treatment of waste electrical and electronic products and to reduce environmental pollution caused by such waste. However, the Measures emphasize a “source control” approach and set requirements for product design, production, sales, and import processes. Issues related to recycling, treatment, and reuse after disposal shall comply with China’s “Regulations on the Administration of the Recovery and Disposal of Waste Electrical and Electronic Products” (State Council Decree No. 551) and other relevant laws and regulations.
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Because different relevant authorities have their own penalty provisions for different situations, and to ensure coordination and consistency, it is not appropriate for the “Management Measures” to provide detailed provisions in this chapter. Therefore, in accordance with Article 19 of the “Management Measures,” entities or individuals who violate the requirements will be referred to and/or penalized by competent departments such as commerce, customs, quality supervision, and industry and commerce within their respective scope of responsibilities in accordance with the law.
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If the final product is found to be non-compliant with the “Management Measures,” then the responsibility shall lie with the final product manufacturer, even if the issue is caused by upstream suppliers of components or parts. The manufacturer of the final product shall be responsible, and any liability of upstream suppliers shall be traced and handled by the final product manufacturer itself.
Source: “Frequently Asked Questions on the Implementation of the Administrative Measures for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products”
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