The Chinese regulatory response to the EU’s RoHS Directive has been published. It is significantly different from RoHS and has a much wider scope including elements of packaging and eco-design.

Based on an unofficial translation and other inputs, these are the major highlights of this legislation as we understand it:

	Title of Legislation: “Administrative Measure on the Control of Pollution Caused by Electronic Information Products”.
	Authority in charge: Ministry of Information Industry and others.
	Substance scope: The six RoHS substances plus “other toxic or hazard substances or elements set by the State” (as yet unspecified but not likely to be expanded immediately).
	Products within scope: Applies to “Electronic Information Products” (EIPs) - that is the following products and their accessories manufactured by using electronic information technology: electronic radar products, electronic communication products, broadcast television products, computer products, household electronic products, electronic measurement instrument products, electronic products for special use, electronic component products, electronic application products, electronic material products, etc.” AND packaging.
		Catalogue. The precise scope will be defined in an administrative Catalogue yet to be published. It will consist of a list of regulated EIPs, restricted substances and safety periods to be revised annually.
		The requirement to control pollution also applies to products NOT in the Catalogue.
	Requirements: These are much wider than the EU RoHS and cover:
		Substance restrictions - apply only those products listed in the Catalogue.
		Design - conformance to national and industrial standards on toxic/hazardous substances.
		Manufacturing - control of use of such substances in product and packaging and, use of environmentally friendly materials, technologies and processes.
		Information - providing information and marks on the restricted substances used in EIPs and similarly on their packaging. There is also a requirement for marking of a “safety period”.
		Sales/import restriction - on EIPs which not do not comply with “the national or industrial standards for the control of toxic or hazardous substances or elements of EIPs”.
		Product Certification - this will be compulsory for all products in the Catalogue .
	Enforcement. This will be carried out at the exit-entry and quarantine stage of import into the PRC. Customs will release EIPs based on certification issued by the CNCA. Products manufactured within PRC for sale within PRC must also meet these requirements. Enforcement is also envisaged at the “manufacturing and sales” stage.
	Date measure takes effect: Product imports and internal sales from 1 March 2007 (probably a month earlier for certification).

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