China's “RoHS 2” Regulation: What Manufacturers Must

New Post Public Reply Private Reply Replies (0) Message Board
chessmite
China's “RoHS 2” Regulation: What Manufacturers Must Know





After years of deliberation and industry anticipation, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated the “RoHS 2” regulation on January 21, 2016, with the formal (translated) title “Management Methods for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products.” See our English reference translation of RoHS 2 here.

The restriction of hazardous substances (“RoHS”) in China is of particular importance to those companies manufacturing electrical and electronic products, parts, or components in China, or importing such products into the China market. It is also important to those overseeing Chinese suppliers manufacturing such products or those involved in corporate product design/content decisions.

As we discussed in our May 2015 analysis along with the draft of this regulation, available here, the China RoHS 2 program establishes the following key requirements for manufacturers and importers of in-scope electrical and electronic products, parts, and components:
•Hazardous-substance content limits for lead, mercury, cadmium, and hexavalent chromium compounds, polybrominated biphenyls and polybrominated diphenyl ethers, and an associated “conformity assessment system” aimed at evaluating compliance with these limits; and
•Labeling and information-disclosure requirements involving product, part, component and material hazardous substance content, and product “environmental protection use periods.”

The hazardous-substance content limits have not been implemented under China RoHS 1. These remain to be implemented under RoHS 2, although as noted below, the framework is now in place for such implementation. The labeling and information-disclosure requirements have been in place for specific “electronic information products” under this program since March 2007. With the changes brought by RoHS 2, these requirements will enter into effect on July 1, 2016, as discussed further below.

Reviewing the RoHS 2 text, it is notable that changes in this text, compared to the 2015 public-comment draft of the law, are not extensive. However, for those who have not closely followed China RoHS 2 developments, I outline key changes in RoHS 2 as compared with RoHS 1 (the 2006 version of the law), below. Where relevant, I have added commentary concerning the significance of changes evident in the final RoHS 2 text.

RoHS 2 vs. RoHS 1:
•RoHS 2 expands/adjusts the scope of applicable labeling and information-disclosure requirements, mentioned above, focusing on “electrical and electronic products,” which are defined as:

“Devices and accessory products with rated working electrical voltages of no more than 1500 volts direct current and 1000 volts alternating current which function by means of current or electromagnetic fields, and generate, transmit and measure such currents and electromagnetic fields.”

See RoHS 2, Article 3(1).
•RoHS 2 excludes power generation, transmission, and distribution equipmentfrom the definition of “electrical and electronic products,” and therefore the scope of RoHS 2. See RoHS 2, Article 3(1).
•RoHS 2 applies hazardous-substance content limits to electrical and electronic products included in a “Compliance Management Catalogue” (i.e., a to-be-developed list of electrical and electronic products, to be issued in successive batches over the duration of the regulatory program). In order to be a candidate for this Catalogue, as a threshold matter, a product would need to fall within the definition of “electrical and electronic products” mentioned above. See, e.g., RoHS 2, Article 3(5). ◦A key aspect of the term “Compliance Management Catalogue” is that electronic and electrical products eventually included in one of the batches of this Catalogue require additional management controls in the government’s perspective, because industry or other efforts to manage the electrical and electronic product’s end of life and hazardous substance content are deemed insufficient.
◦It is also worth keeping in mind the use of the phrase “based on the actual industrial development situation” in RoHS 2, Article 17. This points to the fact that the Chinese authorities will consider whether the development of the electrical and electronic products is at a level, in China, where technology makes feasible the use of substitutes for the restricted substances.

•RoHS 2 changes the “compulsory certification” terminology reflected in RoHS 1 toa potentially more flexible “conformity assessment system” reference that MIIT recommends to the Certification and Accreditation Administration (“CNCA”) and that CNCA and MIIT issue and implement, with input from other agencies. See RoHS 2, Article 18.
•RoHS 2 introduces packaging material standard conformity requirements (that had been removed in earlier drafts of the law). Practically speaking, among other things, this means that those managing China RoHS issues need to coordinate with those covering packaging material conformity issues for those products manufactured in or shipped to China. See RoHS 2, Article 12. Packaging issues are now within enforcement purview of the China RoHS implementing authorities. SeeRoHS 2, Article 19(3) (punitive provisions).
•RoHS 2 underscores the role of the government in awarding and promotingorganizations’ and individuals’ development of electrical and electronic productsthat exceed RoHS 2 requirements. See RoHS 2, Article 8. The practical aspect of this is that we should expect additional government incentives and linkages to other government programs promoting domestic company advances in restriction and reduction of hazardous substances in their products.
•RoHS 2 removes the “products manufactured for export” exemption included in China RoHS 1.
•RoHS 2 does not include, as a joint signatory agency, the State Administration for Industry and Commerce (a jointly signing agency for RoHS 1, and originally proposed in the RoHS 2 drafting process). This may have domestic enforcement efficiency implications, to be determined.
•RoHS 2 does not include language, included in the earlier public-comment draft, on the development of the timetable for substance restriction implementationwith respect to electrical and electronic products included in the Compliance Management Catalogue. While this may not appear on its own to be significant, it is noteworthy for affected industry members as it increases for the time being ambiguity surrounding the development of the Catalogue.

Labeling and Information Disclosure:

The labeling and information-disclosure requirements under RoHS 2, specified in a separate labeling standard, (SJ/T 11364-2014) (our English reference translation for which is available here), would become effective at the same time as China RoHS 2, per the MIIT guidance issued (available here in our English translation). Industry members should focus on these requirements (i.e., SJ/T 11364-2014) now, if they have not already. It is my experience that the authorities engage in increased compliance inspections and enforcement surrounding the approach of the effective date of a new law, as will likely be the case with RoHS 2.

The hazardous-substance content limits would not become effective under China RoHS 2 until a specified time following the promulgation of the “Compliance Management Catalogue.”

Further Insights, Including Next Steps:

MIIT released an “Explanation” document along with RoHS 2. Our English reference translation of the Explanation is available here. This document essentially comprises background information on the now lengthy history of RoHS 2 development. Key points to take away from this document include:
•The RoHS 2 development process was extremely lengthy and involved significant stakeholder outreach and inter- and intra-agency bureaucracy.
•Reasons for developing RoHS 2 included the determination that RoHS 1 covered too small a universe of electrical and electronic products, leading some companies to adopt two sets of standards for their production.
•Full implementation of the compulsory certification program in RoHS 1 would adversely affect product innovation and industrial development.
•EU and other jurisdiction RoHS practices and policies clearly influenced development of RoHS 2.
•MIIT will be issuing Frequently Asked Question (“FAQ” or “Q&A”) documents to facilitate industry understanding and compliance with RoHS 2. (We should also expect work on other RoHS 2 implementation aspects, including the first batch of the Compliance Management Catalogue and the associated Conformity Certification System regulatory measures, to proceed in earnest.)

Foley & Lardner LLP - Richard J. Ferris, Jr.

https://www.lexology.com/library/detail.aspx?...82c28e78df

Quantum Materials Corp. (QTMM) Stock Research Links

QTMM Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Lilly's Sofe-M Shakes Up Ovarian Cancer Treatment

Updated Category News Views 342

Ovarian Cancer Treatment Sees a New Challenger Alright, folks, Eli Lilly (NYSE:LLY) is stepping up with their latest findings in ovarian cancer treatment, and it's got plenty of people in a buzz. They've dropped new data for their investigational drug, Sofetabart mipitecan, or 'Sofe-M' for short, which targets this unrelenting disease with a punch that’s hard to ignore....

Continue Reading
Alaska's Insurance Maze: Coverage Over Cheap Policies

Updated Category News Views 115

Beyond Premiums: Assessing Real Coverage Needs The Alaskan wilderness isn't just home to stunning views; it's also a land where insurance needs to go beyond the average cookie-cutter policy. You'd think the cheapest option would suffice, but that's where residents might trip into financial quicksand. Devery Prince, a seasoned insurance principal, sheds light on why...

Continue Reading
CSTS Unveils PremierX in NYC: A Bold Entertainment Move

Updated Category News Views 204

Welcome to the New Era of Entertainment Out of the blockbusters and into the open air, eh? On October 30, 2026, CSTS Enterprises flipped the New York skyline into a canvas for their grand kickoff of PremierXTM—a live entertainment brand poised to redefine how we gobble up our music, sport, and art. Now, there's a shot of adrenaline New Yorkers weren't exactly begging...

Continue Reading
ST Engineering iDirect, MBSat Forge Middle East Satellite Hub

Updated Category News Views 0

Satellite Services Take Off in the Middle East Never thought the day would come where the Middle East is on the threshold of leapfrogging satellite tech, but here we are. ST Engineering iDirect just locked arms with MBSat—yep, that's part of the Mohammed Al Barwani Group—to birth a next-gen satellite connectivity service hub in Oman and across surrounding areas....

Continue Reading
Aluminum Design Fumble: Geometry Over Wall Thickness

Updated Category News Views 135

A Misstep in Aluminum Design Practices Well, here's a nugget of wisdom for the metal enthusiasts out there—stop beefing up aluminum components with thicker walls and focus on smart geometry. This isn't a drill, folks. Mark Coyle, a seasoned mind over at American Custom Metals, has been waving the flag for smarter aluminum design methods right from Rochester, NY, and...

Continue Reading
Axon Body 5: A Leap Forward in AI for Public Safety

Updated Category News Views 270

Axon Raises the Stakes with Body 5 Camera Boy, oh boy, Axon's dropped a bombshell with the Body 5. We're talking a colossal leap into the AI era for public safety, and if you're in the biz, you can't just shrug this one off. We're looking at 25 times the AI processing power compared to Axon's old units. That's right, I said twenty-five. Real-time situational awareness in...

Continue Reading
ASTS Faces Crucial Deadline Amidst Legal Turmoil

Updated Category News Views 157

Ah, the ticking clock in the world of stock investments, where a nifty little thing called a class action lawsuit can flip your investment on its head. Right now, AST SpaceMobile (NASDAQ: ASTS) investors are staring down the barrel of one such lawsuit. With the November 13, 2026, deadline looming, it's time to sort the facts from the muck. Pins and Needles for ASTS...

Continue Reading
Darden Faces Class Action Over Reimbursement Failures

Updated Category News Views 165

Class Action Puts Darden Restaurants in Legal Hot Seat Darden Restaurants, Inc. is staring down the barrel of a lawsuit that's as fiery as a grill on a Saturday night rush. The legal cavalry from Blumenthal Nordrehaug Bhowmik De Blouw LLP has stormed in with a class action complaint, aiming dead center at Darden for allegedly breaching the California Labor Code. In plain...

Continue Reading
TORRAS Stands Tall with iPhone 18 Pro Cases

Updated Category News Views 191

TORRAS Shines in Magnetic Stand Case Evaluation In the whirlwind of smartphone accessories, where the battle lines are drawn between protection and functionality, TORRAS has emerged victorious with its magnetic stand cases for the iPhone 18 Pro and its beefier brother, the iPhone 18 Pro Max. Expert Consumers—a trusted name in product evaluations—has given TORRAS the...

Continue Reading
Wenda Pharma's NHWD-870 HCl Shows Promise in Trial

Updated Category News Views 163

Breaking Through in NUT Carcinoma Treatment Imagine battling an aggressive disease with barely any options left, and then something hopeful shows up in the pipeline. That's the story with Zhejiang Wenda Pharma's NHWD-870 HCl, an oral BET inhibitor making waves at the 2026 ESMO Annual Meeting. Facing off against the nasty beast that is NUT carcinoma, this drug didn't just...

Continue Reading

Top 5 Most Recently Viewed Articles

Insights and Updates on Apax Global Alpha Investments

Updated Category News Views 148

Understanding Apax Global Alpha Limited Apax Global Alpha Limited is a prominent player in the investment sector, recognized for its strategic engagements and robust portfolio. The company, trading under the ticker LSE:INVP, has continuous operations, which not only aim at capital growth but also seek to provide substantial value to stakeholders. Key Information Overview...

Continue Reading
Morgan Stanley's Insights on European Oil and Gas Stock Ratings

Updated Category News Views 187

Morgan Stanley's Updated Ratings on European Oil and Gas Stocks Morgan Stanley has recently updated its ratings on several notable European oil and gas companies, showcasing a mixed but insightful outlook for the sector as we head into 2025. The analysts have raised their overall view of the industry from a cautious stance to 'in-line,' reflecting compelling valuations...

Continue Reading
Defense Metals Corp Secures Funding Through Private Placement

Updated Category News Views 203

Defense Metals Corp Successfully Completes Private Placement Defense Metals Corp. (TSXV: DEFN) is excited to announce the closing of the second and final tranche of its private placement, designed to enhance its financial stability and operational capabilities. This recent tranche has brought in gross proceeds amounting to C$576,000, a notable addition to the ongoing...

Continue Reading
Understanding the Alexandria Real Estate Class Action Lawsuit

Updated Category News Views 193

Overview of the Securities Fraud Class Action The latest class action lawsuit against Alexandria Real Estate Equities, Inc. (NYSE: ARE) has raised significant concerns among investors. Recently announced, this lawsuit claims violations of federal securities laws amidst a notable decline in stock value, spurred by an impairment charge of $323.9 million. Implications of the...

Continue Reading
Czech Central Bank Poised for Potential Interest Rate Cuts

Updated Category News Views 112

Czech Central Bank's Potential for Rate Easing The Czech central bank finds itself at a pivotal moment as it considers resuming its monetary easing strategy, potentially as soon as next month. Board member Jan Prochazka has shed light on these developments, emphasizing that while easing could be on the table, uncertainties loom due to various domestic and external...

Continue Reading