Directive Decoder

For regular readers of my blog I am pleased to advise of two new services.

All the latest information on the various directives I have to hand can be found at:

global-legislation.com

Also, you can send questions directly to me at:

glegislation@premierfarnell.com

 

I would be delighted if I can help you.

 

Directive Decoder

There is considerable interest in the review of possible new substances that may fall within scope of the RoHS Directive following the review by Oko Institute.

I was talking to Dr. Paul Goodman, Senior Materials Consultant at ERA Technology, and he made an interesting point.

"The reason that environmentalists want all brominated and chlorinated flame retardants to be banned is nothing to do with their toxicity. Most are very safe and are not hazardous. However, when electrical equipment reaches end-of-life, it is recycled. If this is carried out correctly, this is quite safe and no nasty by-products are produced".

The basis for RoHS and REACH substance restrictions are quite different. RoHS restrictions are based on hazards - if a substance is hazardous and there are alternatives, then it could be banned. REACH restrictions are introduced only if a risk to human health or the environment can be proven, it cannot be controlled and substitutes exist.

RoHS restrictions can be imposed without a full assessment of the impact of the possible alternatives. It is enough to show that there is a potential risk without evidence of an actual risk.

Article 6 of 2002/95/EC RoHS (Restriction of Hazardous Substances) Directive requires the European Commission (EC) to carry out a review of the directive within four years of its adoption. The main issues include:

o        The possibility of including categories 8 (medical devices) and 9 (monitoring and control instruments) of the WEEE (Waste Electrical and Electronic Equipment) Directive within the scope of RoHS

o        The possibility of restricting more substances that are hazardous, are used in significant quantities and where there are suitable substitutes

o        All of the existing exemptions to be reviewed and may be either modified, be more restrictive or removed completely

o        Other aspects such as where definitions and scope are unclear, as well as the subject of enforcement

 

From 1/6/08 "pre-registration" of substances manufactured or imported in quantities of 1 tonne or more per annum (known as "phase-in" substances) will be possible for a window of 6 months.

Doing so will ensure that the chemical will be considered as part of a staggered assessment and full registration programme starting with the highest volumes, over 1,000 tonnes per annum, and most hazardous substances first. These will need to be registered, with the appropriate level of technical data, by November 2010 ranging through to the lowest threshold of 1 to 100 tonnes per annum that require registration by May 2018.

Failure to pre-register means that the substance cannot be manufactured or put on the market until it has been registered with the required data.