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In February 2006, China released the “Management Methods for Controlling Pollution Caused by Electronic Information Products” Ministry of Information Industry Order #39, commonly referred to as “China RoHS”. The regulation covers a broad range of products; similar to the European Union (EU), but more focused on the general electronic industry, not consumertype articles. The framework of the regulation allows for a two-phased implementation of the regulation. Phase One covers marking and disclosure of electronic information products which contain the to-be-restricted substances at or above maximum concentration values; Phase Two will cover the removal of the hazardous substances and require pre-market testing and certification to show the productdoes not contain the restricted substances. There is only one major similarity between the Chinese version and the European version of their respective RoHS regulations/directives. There are several differences between the regulations/directives. The following sections will outline the similarity and differences between the two legislations. Similarity: Restricted substances and concentration values
The two legislations have implemented the same maximum concentration values of the same restricted substances. See Table 1 for these substances and values. Difference: Covered products
The European Union RoHS directive covers ten broad categories of products. The China RoHS regulation coversmultiple broad categories under the heading of “Electronic Information Products (EIP)”. Table 2 shows the majorcategories and examples from each. It is only partial list andis by no means all-inclusive. | Definition of EIP | | The China RoHS regulation defi nes in Article 3-1 electronic information products as: “Electronic information products refers to products such as electronic radar products, electronic communications products, radio and television products, computer products, home electronic products, electronic instrument measuring products, specialized electronic products, electronic components and parts, electronic applications, electronic materials, and accessories.” | It should be noted that the listing of EIP is not considered an all-inclusive listing of products. One of the issues industry is having with China RoHS is in some cases products which were out of scope for the European directive are now in scope of the China regulation. One example is a spare part, such as a resistor or memory module, sold to the end customer as a replacement part or upgrade. The part must meet the marking and labeling requirement of Phase One as these products are listed inthe EIP document. Other items outside the scope of EU RoHS, which are covered by the China regulation, include: Radar Systems, Medical Products, Large or Medium-scale computer work stations (servers), Networking infrastructure products, consumable materials associated with EIP (e.g. Floppy disks, CDs, ink cartridges, video tapes, etc), and Electronic components and its parts sold in direct markets. Difference: Implementation
The European Union passed its RoHS directive in early 2003, with an implementation date of 1 July 2006. The implementation date was when products must restrict the covered substance within products covered by the directive. In China RoHS, there is a phased approach to implementation. Phase One requires marking of products based on the existence or non-existence of the covered substances with a product. Phase Two will require specific products undergo pre-market testing and certification to ensure the product does not contain the restricted hazardous substances. Phase One: Marking & Disclosure
In addition to the phased implementation approach, the labeling requirement is different. In the EU, there is no marking, labeling, or disclosure requirement for products placed on the market. A product is presumed to comply if it is made available for sale with in an EU Member State. In China, Phase One requires all products listed in the EIPlisting be labeled for material content. There are two labeling requirements for China RoHS Phase One: Product labeling and hazardous substances materials disclosure table. The product labels are pictured in Figures 1 and 2. Figure 1 depicts a label which is applied to a product which does not have any of the restricted hazardous substances above the maximum concentration values in the product. Figure 2 depicts a label for a product which does contain the restricted hazardous substances above the maximum concentration values. The number in the logo indicates theEnvironmental Protection Use Period. Figure 3 shows a disclosure table for a component which has the potential to be sold directly to the end consumer. Parts which have a materials disclosure table are also required to be labeled with the environmentallyfriendly use period as part of the label. For the disclosure table, it is required to be placed in the documentation for the product. It is mandated in the regulation the table be in Chinese; having the table formattedwith English as well is only an industry recommendation. Within the table, an “X” indicates the listed substance is present within the listed part or sub-component; an “O” indicates the restricted substance is not present in the partor sub-component. The level at which the reporting is listed in the table is a company decision. Some examples of materials disclosuretables seen to date are: • Finished product
- cell phone
- printer
- testing equipment • Sub-assembly
- populated printed circuit board
- cable
- plastic enclosure • Individual part level
- resistor
- capacitor
- wire within cable harness Environmental Protection Use Period (E-PUP)
The China RoHS regulation requires manufacturers to indicate a period of time which the company will remain legally liable for the product. There is no such requirementwithin the EU RoHS directive. The Environmental Protection Use Period (E-PUP) is the time in which the restricted substances will not leak or mutate to cause harm to human health or the environment. This period is to be indicated in multiples of five years (e.g. 5, 10, 25, etc). A document outlining methods on how to determine the E-PUP is currently under discussion. Phase Two: Testing & Certification
The EU RoHS directive does not require testing or certification of any products. Phase Two of the China RoHS directive will require pre-market testing and certification for specific products within the EIP list. The China RoHS regulation will require pre-market testing and certification for a sub-set of the products listed in the categories of EIP. The product catalog, as it is commonly referred to as, is not yet published. At last update of this paper, there was not an expected date. Through industry advocacy, the catalog is expected to only have products which easily comply with the regulation. China’s regulation also differs from the EU directive by further breaking down the parts and components of covered products into three categories: EIP-A, EIP-B, EIPC. Table 3 outlines the definitions, based on an unofficial translated version of the regulation. Once Phase Two requirements go into effect (date as yet to be determined), covered EIP must restrict the substances listed previously to the maximum concentration values listed in Table 1; but using Table 4 as an additionalguideline based on the three types of EIP. | 5 quick steps to compliance | There are fi ve quick steps to meeting the China RoHS Regulation: assessment, understanding requirements, determining E-PUP, mark and disclose restricted hazardous substance information, and create tracking system for updates. 1. Is the product covered?
The easiest way to determine if a product is covered is to review the EIP listing; several unoffi cial translations are available on the internet. 2. Determine E-PUP
If a product is covered by the China RoHS regulation, the company needs to determine the environmental protection use period, or E-PUP. This number is to be a multiple of fi ve (5) years. 3. Understand current and future requirements
The only requirement at this time is marking and labeling of products in the EIP listing. Label the product with either an “e” logo or the E-PUP logo. Not until publication of the catalog and a published implementation date for Phase Two, is the restriction of hazardous substances required for any EIP. There is no date for publication of the catalog at this time. 4. Mark and disclose
Create the materials disclosure table for inclusion with all product shipments. Place table in product literature, on packaging materials, as well as on the product website (recommended). 5. Track regulation
Finally, as Phase Two has not been given a date of implementation, companies need to keep up to date on what is happening with the various reviews of the regulation. | Going forward
China is only the second jurisdiction to implement stringent requirements on electronics for the restriction of hazardous substances. Time will tell if the implementation in China of its RoHS regulation is friendlier to industry, aswell as the environment for recycling products. China’s decision to require labeling is not only helpful to customs agents checking incoming products, but also to consumer and other parties concerned with eco-conscious decisions when it comes to purchasing electronic products. With more and more countries contemplating RoHS and WEEE type legislations and regulations, companies need a method to track all eco-compliance directives and regulations. What jurisdiction will be next to implement formal RoHS or WEEE legislation? Time will tell… Table 1 Table 2 Table 3 Table 4 Figure 1 Figure 2 Figure 3 Krista Botsford can be reached at kbots@5-trees.com References: 1. Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment; pp. L37/19-23 2. Management Methods for Controlling Pollution by Electronic Information Products (Ministry of Information Industry Order #39) unofficial translation from AeA; accessed March 2007; member access; p. 1 3. Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment; pp. L37/19-23 4. AeA Unofficial Translation; accessed March 2007; members access; http://www. aeanet.org/governmentaffairs/gabl_HK_Art3_EIPTranslation.asp 5. Management Methods for Controlling Pollution by Electronic Information Products (Ministry of Information Industry Order #39) unofficial translation from AeA; accessed March 2007; member access; p. 1 6. SMTA Webinar – China RoHS: Back to Basics; Krista Botsford; 28 March 2007. 7. AeA Environmental Committee; Unofficial Translation of E-PUP document; committee members only access | | 
