Provision 3: Legal Requirements Flashcards
Provision 3
Legal Requirements
An R2:2013 electronics recycler shall comply with all applicable environmental, health and safety, and data security legal requirements and shall only import and export equipment and components containing Focus Materials in full compliance with all applicable importing, transit, and exporting countries’ laws.
Requirements
Section a
An R2:2013 electronics recycler shall develop a legal compliance plan and include it as a section of its EHSMS. This will illustrate full compliance with all environmental, health, safety, and data security legal requirements applicable to its operations, as well as full compliance with all applicable import and export laws covering shipments of FMs and shipments of untested or non-functioning equipment or components containing FMs.
(Subsection 1)
Facility Compliance shall include:
The plan shall identify and document the environmental, health, safety, and data security legal requirements that cover the recycler’s operations.
(Subsection 2)
Import/Export Compliance:
The plan also shall identify and document the legality – under the laws of the exporting, transit, and importing countries – of all international shipments of
FMs and untested or non-functioning equipment or components containing FMs, that have
passed through the R2:2013 electronics recycler’s facility or control.
Import/Export Compliance:
Prior to shipment, the recycler shall:
Identify the countries that are receiving or transferring such shipments, obtain documentation demonstrating that each such country legally accepts such shipments, and demonstrate compliance of each shipment with the applicable export and import laws.
Import/Export Compliance:
Documentation
The documentation shall be in a language understandable to the electronics recycler, and
consist of original documentation from the importing or exporting country’s Competent Authority or a copy of a law or court ruling, that demonstrates the import country legally accepts such imports, and the export country legally allows such exports.
(Subsection 3)
The recycler shall keep the Legal Compliance Plan up to date, identify and implement the steps necessary to comply with each requirement, and document the implementation of these steps. It shall also periodically audit its compliance with legal requirements, and take corrective action to address any issues of non compliance.
