Conformity Assessment System of China RoHS2.0

07/08/2019

Ⅰ. Background

On March 12, 2018, eight departments, including the Ministry of Industry and Information Technology (MIIT) and the National Development and Reform Commission (NDRC), co-issued the “Standard Compliance Catalogue of Electric and Electronic Products Containing Hazardous Substances Restricted in Use (First Batch)” and “List of Exceptions from the Standard Compliance Catalogue of Electric and Electronic Products Containing Hazardous Substances Restricted in Use”.

Twelve whole products are incorporated in the Catalogue, namely, refrigerators, air conditioners, washing machines, electric water heaters, printers, photocopiers, fax machines, TV sets, monitors, microcomputers, mobile handheld devices and cell phones. The Exceptions List was issued for occasions where it is not technically or economically feasible to apply the Catalogue.

Many enterprises are heatedly discussing the Implementation Arrangements of the Conformity Assessment System, and many problems have arisen on the identification of products in the Catalogue for the Standard Compliance Administration. The Green Manufacturing Committee collected related information to answer the most concerning questions.

Ⅱ. Policy Timetable

• “China RoHS2.0” is short for Measures for the Administration of the Restricted Use of the Hazardous Substances Contained in Electrical and Electronic Products is given the name

• “Catalogue for the Standard Compliance Administration” is short for Catalogue for the Standard Compliance Administration of the Restricted Use of Hazardous Substances Contained in Electrical and Electronic Products

• “Implementation Arrangements of the Conformity Assessment System” is short for Implementation Arrangements of the Conformity Assessment System for the Restricted Use of the Hazardous Substances Contained in Electrical and Electronic Products

Ⅲ. The specific procedures for a company to conduct the Conformity Assessment

• SJ/T11364 (Industry Standard): Requirements for labels of pollution control of electronic information products

• GB/T26572: Requirements of concentration limits for certain restricted substances in electrical and electronic products

• “Public service platform” refers to the “National Certification and Accreditation Information Public Service Platform” of SAMR

Ⅳ. Questions about the Implementation Arrangements of the Conformity Assessment System

Q: It is specified in the Catalogue that the subject of the self-declaration is the manufacturer or authorized representative. Can the products that produced by ODMs (Original Design Manufacture) be submitted for the Conformity Assessment by the ODM? An ODM is a company that designs and manufactures a product as specified and eventually rebranded by another firm for sale. Such companies allow the brand firm to produce products (either as a supplement or solely) without having to engage in the organization or running of a factory.

A: No. ODM cannot submit information for the Conformity Assessment. In ODM model, the brand firm will in charge of applying for the conformity assessment.

The “manufacturer” in the Catalogue refers to an enterprise with the status of a legal person registered in China that produces or entrusts others to design and produce products and sells the products with its own name/trademark.

An authorized representative of a manufacturer is an enterprise with the status of a legal person registered in China which is authorized in written form by overseas manufacturers to submit a declaration of conformity to the public service platform. Overseas manufacturers can appoint their subsidiaries, importers or sellers as authorized representatives.

Q: If the suppliers of a product parts change, do manufacturers have to submit the self-declaration again? Or can they just submit the declaration for the product parts that changed?

A: As long as the products meet the requirements of the Conformity Assessment, enterprises can decide if and how to make changes according to the actual situation.

Q: When applying to conduct the CNCA-issued Voluntary Certification for the Restricted Use of Hazardous Substances in Electrical and Electronic Products (hereinafter the “Voluntary Certification”), what kind of qualifications should a certification authority have? How can a certification authority apply for the relevant qualifications?

A: In addition to the general requirements for the certification authorities, the certification authorities engaging in the Voluntary Certification shall also meet the relevant requirements in the Implementation Arrangement. Certification authorities can apply on the “National Certification and Accreditation Information Public Service Platform” of SAMR.

Q: Do third-party inspection and testing institutions engaged in Voluntary Certification need the authorization of SAMR?

A: No. Third-party inspection and testing institutions engaged in Voluntary Certification shall obtain legal qualifications with corresponding technical capabilities. SAMR will not authorize these institutions, and the institutions shall sign a contract for management by themselves.

Q: How to deal with the original CNCA-issued Voluntary Certificate of Pollution Control for the Electronic Information Products for whole products and parts?

A: The certification authorities can convert the CNCA-issued Voluntary Certificate of Pollution Control for the Electronic Information Products into the CNCA-issued Voluntary Certification for the Restricted Use of Hazardous Substances in Electrical and Electronic Products or convert it into the institutional certificate according to the relevant requirements.

Q: Although the production and import of some products were stopped before November 1, 2019, there may still be products in circulation or storage in the market. Do these products, together with the products that entered the market before November 1, need Conformity Assessment according to the Implementation Arrangement?

A: There will be no particular requirements for the products that entered the market before November 1, 2019.

If you have any question please contact luna.zhao@sesec.eu.