The detailed definition of the ten classes of regulated electrical equipment (REE) are set out in Schedule 6 of the Product Eco-responsibility Ordinance (Cap. 603) (PERO). Generally speaking, REE include the following:
Under section 3 of PERO, REE refers to the electrical or electronic equipment that has not been used by any consumer. Hence, sale of second-hand goods is not subject to payment of recycling levy or arrangement of removal service.
A removal service plan formulated by a seller needs to fulfill the following requirements, in respect of a "collector" -
A removal service plan formulated by a seller needs to fulfill the following requirements, in respect of a "recycler" -
Under the enhanced Scheme, the relevant legal requirements on the provision of recycling labels will be removed from 1st July 2024. There will be no need for sellers to provide consumers with recycling labels. Sellers who still possess recycling labels (e.g. the label is affixed onto a product) by then may decide whether they will continue providing them, or if they will hand over the labels to their suppliers before the date required by the suppliers.
A general statement as in the following specimen can be stamped on the receipt by sellers (air conditioner, washing machine and television are sold in this transaction):
A product set out in this receipt is regulated electrical equipment under the Product Eco-responsibility Ordinance (Cap. 603). The Ordinance imposes a recycling levy on an item of regulated electrical equipment for the class of such equipment to which the product belongs as follows: | 本收據所列的產品,是《產品環保責任條例》(第603章)所指的受管制電器。該條例就該產品所屬的受管制電器類別下的每件受管制電器,徵收下列循環再造徵費: |
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The removal service record kept by the seller should contain the following information:
Under the Producer Responsibility Scheme on Waste Electrical and Electronic Equipment, regulated electrical equipment suppliers are required by law to pay a recycling levy to the Government. In addition, it is a statutory requirement that the receipts issued to consumers by the sellers must contain the prescribed wording.
However, the law does not regulate how the suppliers may recover all or part of the recycling levy from other stakeholders through the supply chain, which should be determined by the relevant stakeholders according to the operation of the free market. As for how the price should be presented, such as whether all or part of the recycling levy should be separately listed on the invoice or receipt, or whether to show as a single price, the trade may decide themselves.
Suppliers are required by law to pay a recycling levy fore regulated electrical equipment (REE) they distribute or use for the first time, while sellers should arrange a free statutory removal service for the distributed REE and provide a recycling label and a receipt with prescribed wording for the consumers. Irrespective of whether the suppliers and sellers distribute REE in Hong Kong through physical stores or online sales platforms, they are subject to statutory regulation.
As for the so-called "sale outside the territory with equipment collected in Hong Kong", it is understood that this involves distribution of REE in local market by the supplier, so the supplier should pay the corresponding recycling levy.
According to the definition of REE, an exhibit that has not been used by a consumer is regarded as REE. Therefore, if a seller sells an exhibit to a consumer, the seller must, as in selling REE in general, arrange a free removal service and a receipt containing the prescribed wording for the consumer as required by law.
Reason for return of goods | Are provision of removal service and receipt containing the prescribed wording required? |
The consumer has rescinded the purchase with the seller before taking delivery of goods | As the equipment concerned has not been used by the consumer, the seller must arrange a free statutory removal service and provide a receipt containing the prescribed wording as required by law when re-distributing it to other consumers. |
The consumer, after accepting the goods, requests the seller to take back the electrical equipment (be it defective, damaged or intact) and the seller agrees to do so | As the equipment concerned has been used by the consumer and is no longer REE in nature, the seller is not required to fulfill the relevant obligations when re-distributing the goods.
Generally speaking, we understand that members of the trade will make it clear to the buyers that the goods have been returned so as to avoid contravening the Trade Descriptions Ordinance. |
Stand-alone tumble dryer refers to a household appliance in which textiles are dried by tumbling in a rotating drum; and that uses mains electricity as the only power source for heating; and has a rated drying capacity not exceeding 15 kilograms. The commonly available household tumble dryers and 2-in-1 washer dryers are included under the enhanced Scheme; however, gas dryers, non-drum type dryers, or cloth care appliances are excluded under the enhanced Scheme.
Dehumidifier refers to a dehumidifier within the descriptions in Division 5 of Part 2 of Schedule 1 to the Energy Efficiency (Labelling of Products) Ordinance (Cap. 598). In general, dehumidifiers operate by using vapour compression cycle with a rated dehumidifying capacity not exceeding 35 litres per day. The commonly available compressor-type or condensing dehumidifiers are included under the enhanced Scheme; however, thermo ventilators, desiccant dehumidifiers and dehumidifiers that may operate by using desiccant materials, are excluded under the enhanced Scheme but do not include those operate by using desiccant materials.