Under the 2025 regulations, is it mandatory to obtain a WEEE import/export license for the import and export of waste chips, hard drives, and motherboards into and out of Hong Kong?

Under the 2025 regulations, is it mandatory to obtain a WEEE import/export license for the import and export of waste chips, hard drives, and motherboards into and out of Hong Kong?

I. Background of Regulatory Revision 

The "Waste Disposal (Amendment) Ordinance 2024" of Hong Kong has completed legislative revisions based on the "Amendment to the Basel Convention on Electronic Waste". The new regulations for the import and export of electrical and electronic waste will come into effect officially on January 1, 2025. 

Previously, only "four-electricity-one-computer" electrical appliances such as air conditioners, refrigerators, computer systems, etc. were subject to import and export license regulations; the 2025 new regulations have comprehensively expanded the scope of control, and all waste electrical and electronic materials are uniformly included in the environmental protection agency's import and export license supervision system. The declaration rules for second-hand reusable equipment and waste electronic waste have been completely distinguished. 

II. Core Determination Criteria: Differentiate between "old equipment" and "discarded electronic waste" 

(1) Boundary of Goods Classification 

Second-hand reusable equipment that can be used again (not waste) 

Hard drives, motherboards, chips and complete machines that are in good condition and can be powered on, have complete usage functions, and whose import and export destinations are for overseas resale or repair reuse, do not fall under electrical and electronic waste. Therefore, no WEEE import/export license is required. They can be declared to customs as ordinary second-hand electronic products for customs clearance. 

Key points for industry practical judgment: The equipment has a relatively short manufacturing period, shows no signs of damage or dismantling, has complete accessories, and the destination has a compliant second-hand circulation channel. 

2. Discarded electronic waste (within the scope of mandatory licensing under the 2025 regulations) 

Any item that meets any of the following conditions is defined as regulated electronic and electrical waste (EEW), including discarded chips, obsolete hard drives, and dismantled motherboards: 

(1) Discarded items, faulty items that cannot be repaired, substandard and obsolete products, non-conforming items recalled by the brand, and electronic materials that have been scrapped in storage; 

(2) After disassembling the entire machine, the separate components extracted include hard drives, PCB motherboards, integrated circuit chips, and wafer debris. 

(3) The destination of transportation is for local environmental protection destruction, dismantling, precious metal recovery, and recycling disposal in Hong Kong. 

(4) The goods are damaged, have leakage, contain harmful substances such as lead/mercury/cadmium, or carry used lithium battery components. 

(2) The 2025 regulations clearly define the control list (covering all aspects of waste chips, hard drives, and motherboards) 

The Environmental Protection Department of Hong Kong released a list of controlled goods in December 2024. Starting from 2025, all imports and exports of the following materials to Hong Kong will be subject to license control: 

Various types of scrapped hard drives: mechanical hard drives, solid-state drives, dismantled waste hard drives, and hard drive fragments; 

2. Printed Circuit Board (PCB): Industrial control motherboards, server motherboards, mobile phone motherboards, various equipment disassembly board cards, production defective board scraps; 

3. Waste chip materials: Scrap integrated circuits, waste wafers, disassembled chips, defective semiconductor components, and waste materials from chip edges. 

Regardless of whether the above-mentioned materials are contaminated by heavy metals or not, and regardless of whether the destination of transportation is for destruction or recycling, as long as they are classified as "electronic waste", the exemption clause does not apply. 

III. Legal Requirements for Import and Export Licenses under the 2025 Regulations 

Compulsory certificate application requirements 

Starting from January 1, 2025, for the import and export of the aforementioned waste chips, waste hard drives, waste motherboards and other electronic waste, prior application for an electrical and electronic waste import/export license must be made to the Hong Kong Environmental Protection Department. Only after obtaining the license document can cross-border transportation and customs declaration be arranged. 

There is no threshold for weight or value exemption. For small samples and large quantities of goods in full containers, the same licensing rules are applied uniformly. 

2. Core conditions for license approval 

Before issuing the permit, the Environmental Protection Agency needs to review the complete cross-border transfer plan: including the export qualifications abroad, the environmental protection license certificate of the Hong Kong receiving and disposal institution from the Environmental Protection Agency, the waste environmental disposal plan, the Basel Convention cross-border transfer notice, the cargo composition test report, and the entire logistics traceability plan, etc. 

3. Legal Consequences of Unlicensed Import and Export 

According to Chapter 354 of the "Waste Disposal Ordinance", importing or exporting controlled electronic waste without a valid license is a criminal offense: 

• First conviction: Maximum fine of 200,000 Hong Kong dollars and 6 months in prison; 

• Repeated violations: The maximum fine is 500,000 Hong Kong dollars and a 2-year prison sentence will be imposed. 

At the same time, the customs has the right to detain the entire container of goods. The goods can only be released after the compliance procedures are completed or after being ordered to be returned. 

IV. Clarification of Common Practical Questions 

Question: The brand-new inert bonded motherboard and the non-functional chips that haven't been installed on the machine are just in stock and have been scrapped. Do we need to obtain a certificate for this? 

Answer: Yes. Dull and obsolete inventory, as well as defective electronic components produced, have lost their original utility value and are classified as waste electrical and electronic equipment. Under the 2025 regulations, import and export to Hong Kong for destruction/recycling must obtain a license. 

2. Question: Can the import of waste chips that only transit through Hong Kong and are not stored or disposed of locally be exempted from the licensing requirement? 

Answer: No. The Basel Convention and the revised regulations of Hong Kong stipulate that electronic waste transported through Hong Kong for transshipment is also subject to control. It is necessary to simultaneously apply for the transshipment import and export license and submit the guarantee documents for the entire transshipment disposal process. 

3. Question: Can the waste of bare PCB boards without heavy metals and free from soldering materials be exempted from obtaining a permit? 

Answer: Only the leftover materials from industrial production, without components and without lead soldering, are subject to limited exemptions; finished motherboards, chips with components, and scrapped hard drives from the disassembly of electronic devices are all subject to no exemptions and must obtain licenses. 

V. Guidelines for Enterprise Compliance Operations 

Pre-delivery determination: Before shipment, the nature of the goods is first identified. A device functionality test report is issued to determine whether it is a second-hand reused device or waste. 

2. Waste Goods Processing Procedure: Submit an application for import/export permission to the Hong Kong Environmental Protection Department 10 to 15 working days in advance, and simultaneously arrange for the local licensed disposal agency to receive the documents. 

3. Customs declaration supporting documents: Throughout the entire transportation process, the original license, the list of goods, the component test report, the disposal contract, and the cross-border transfer filing documents are all attached to ensure joint inspection by the customs and the environmental protection department. 

4. Post-event retention and archiving: Licenses, destruction/recycling certificates, weighing records, and full-process video materials should be retained for at least 7 years and must be available for review by customs and environmental protection authorities in case of post-audit inspections. 

Hong Kong Tel: 852-52664790. Hong Kong Liangji Recycling & Reuse Co., Ltd. has obtained international standards certifications such as Quality Management (ISO 9001), Environmental Management (ISO 14001), and Information Security Management (ISO 27001). It is safe, formal, and professional. We offer a complete service including recycling, reusing, and destruction upon returning to Hong Kong. - Looking forward to your call and jointly starting a new chapter where environmental protection and value coexist!