Directive Decoder

Interesting question this week from a customer who could not find any reference in the New Battery Directive (2006/66/EC) to a restriction or ban on lead.

Several months after the annulment of the DecaBDE exemption entered into force there are still some concerns around the detail.

I have been asked several times if the annulment means that it is not allowed at any level or up to and including the maximum allowable limit of 0.1% in PBB and PBDE?

The weight limit by article in the REACH Regulations has caused some debate. The European Chemical Agency has decreed, by a majority vote, that the 0.1% weight limit of Substances of Very High Concern should apply to the whole complex article.

Would anyone like to help the young people of India who are suffering from significant levels of lead in their blood due to uncontrolled recycling of toxic e-waste?

53% of those under the age of 12 have levels that are reducing their IQ / ability to learn.

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Directive Decoder

With many studies well underway or completed during phase one of the Energy using Products (EuP) Directive up to 34 more were listed for possible future consideration. Based on the work by Epta, the Environmental Consultants based in Athens, a "working plan" has been agreed and the European Commission has announced that 17 more studies will be carried out in a similar way to the existing 20 followed by an impact assessment, discussion in the EcoDesign Forum and possible drafting of implementing measures.

Latest EuP Guide.

The 17 studies that have been announced and contracts awarded for 11:

I hear that there were 2.75 million pre-registrations of substances during the six month window that ended in December.

150,000 substances were pre-registered by some 65,000 companies.

No wonder the ECHA website was under pressure!!

REACH Regulations - Latest Information

Directive Decoder

The REACH competent (enforcement) authority in the UK, the Health and Safety Executive, has stopped taking calls to their helpline for the minute.

A recorded message gives the reason as the build up of work following the pre-registration phase of the REACH Regulations.

Searching for information I came across the Chemical Business Association.

You may wish to add this one to your favourites.

Directive Decoder

RoHS2 and REACH have been the focus of attention for the last few months. However, 2009 will see momentum building around the Energy using Products Directive (EuP).

It is estimated that households in the UK throw away about one million tonnes of waste electrical equipment every year.

A new £12 million recycling facility opened by Sims Recycling Solutions in Newport, Gwent can process 100,000 tonnes of electrical waste per year.

When does a manufacturer need to supply Safe Use data?

The obligation to provide safe use information is outlined in Article 33 of the regulations.

This information should be supplied if there is a need for safety precautions to be taken for normal use of the articles (products) or their disposal. This will depend on the likely quantity of Substance of Very High Concern (SVHC) that humans or the environment are exposed to from normal use, and the amounts that are known to cause harm (i.e. provide safe use information if humans are likely to inhale or ingest a quantity that is similar to that which is known to be harmful). The necessary precautions will depend on the intended normal use and in many cases no precautions will be required, and so only information on the name of the SVHC need be supplied. 

Directive Decoder

The European Parliament is seeking to have restrictions placed on the use of N-Propyl Bromide. So what is it?

N-Propyl bromide (NPB) is mainly used as a vapour degreaser, as a metal cleaner and sometimes for the removal of flux residues. It is sold as the pure solvent for these applications. It is also used in spray adhesives.

It is used mainly as a substitute for trichloroethylene (TCE), methylene chloride and Perchloroethylene (PCE), all of which are hazardous substances and have obligations under the solvent emissions directive

A Humidity Indicator Card (HIC) that contains a Substance of Very High Concern (SVHC) and is included in the packaging of moisture sensitive semiconductors has been the cause of some concern.

The card contains cobalt dichloride, one of the first batch of 15 SVHCs announced by the European Chemicals Agency.

Where SVHCs appear in articles (products) at a level above 0.1% of the weight of the total article then there is an obligation, under REACH "law", to pass certain information down the supply chain in a prompt and pro-active manner.This includes, as a minimum, the name of the substance and, where appropriate, any Safe Use Data.

However, the UK Competent (enforcement) Authority confirms that any outer packaging (the sealed bag the semiconductor is in) and the indicator card should be considered separately. Likewise, if there is anything inserted to protect the semiconductor, such as foam for example, this is also a separate article.

The 0.1% weight threshold would apply to these individually.

So, in summary, there would be no need to mention the SVHC in relation to the semiconductor, but it may need to be mentioned in reference to the HIC.

Directive Decoder

The European Commission is a little late in publishing the comprehensive report on exemptions carried out by German based organisation Oko Institute.

Maybe they disagree with the conclusions or it's in the "to do" pile!

Late 2009 now seems unlikely for a decision but 2010 is still a possibility if they donot delay too long.

Industry wants to know how long the period of grace will be before the changes to exemptions enter into force.

It is believed that Oko is suggesting 18 months in some cases.

That sounds good to me as I am still receiving letters about the short notice decaBDE annulment last summer.

Exemptions-what may happen

Directive Decoder

Happy to promote the following note on behalf of the Environment Agency:

The UK Government has proposed new regulations, expected to be introduced in May 2009, relating to the collection, treatment and recycling of batteries in the UK.

Under the proposals, anyone placing portable batteries/accumulators - or products containing portable batteries/accumulators - onto the UK market for the first time (meaning that they haven't bought them from another UK supplier), will be classified as a battery producer. This includes importers, as well as wholesalers who import portable batteries/accumulators to place on the UK market.

Producers will have to pay to join a Compliance Scheme which will arrange for the collection, treatment and recycling of those batteries when the user has finished with them. Although all producers will have to join a compliance scheme, the Government is proposing a threshold so that they will have different responsibilities, depending on their size.

Retailers who sell portable batteries/accumulators will also have a responsibility to take them back in-store. Again, Government is proposing exemptions for smaller retailers selling less than 16kg of portable batteries annually and with a floor area of less than 280 square meters (ie. retailers not covered by the restriction of Sunday trading laws).

During the summer, the Environment Agency will publish a list of provisionally approved compliance schemes on their website, that are expected to be approved by around September time.

For more information, visit www.environment-agency.gov.uk/batteries

Directive Decoder

Introduction

Article 6 of the RoHS (Restriction of Hazardous Substances) directive requires the European Commission (EC) to carry out a review of the directive and to consider any changes to its scope that are required. Since the review started in 2005 there have been stakeholder consultations and studies by consultants into several aspects of RoHS. The Commission has published its proposals and here we consider the impact of "RoHS2" on industry.

Background

Unlike in the original RoHS Directive, the EC now has to take into account the aims of the Lisbon strategy so that development of an environmental strategy also considers growth and employment. Another fundamental change is that RoHS substance restrictions would be imposed only if there is an unacceptable risk to human health and the environment, whereas previously it was based only on the precautionary principal.

Scope

The scope of RoHS is specified in Annex I and is no longer linked to the scope of the WEEE (Waste Electrical and Electronic Equipment) Directive.  The new Annex I includes two additional categories namely Medical Devices (category 8) and Monitoring and Control Instruments (category 9). Two areas that required clarity, military equipment and equipment that is part of out-of-scope equipment are now specifically excluded from RoHS. Annex II has also been added and is a binding list of products that are included, and the EC is able to amend this list as required.

All of these changes are helpful in making explicit the intended scope and avoiding the different interpretations of RoHS and WEEE legislation that have occurred across the European Union (EU).

The RoHS directive has applied since 1 July 2006 but the amended directive now explicitly states, "placed on the Community market", the word "community" has been added to ensure that Member States do not interpret this as their national market and act locally. The two additional categories 8, and 9, will be included in scope from the 1 January 2014 except for in vitro diagnostic medical devices (1 January 2016) and industrial monitoring and control instruments from 1 January 2017.

Always worth a read, and the ultimate reference source, ERA Technology has released the 6^th edition of it's "Guide to RoHS Legislation Worldwide".

The Guide, which runs to some 186 pages, includes the European Commissions proposals to amend the EU RoHS Directive, details of the recently completed review of exemptions, RoHS around the world, technical and reliability issues including lead-free soldering, and recommended approaches to compliance.

Don't be put off by the £200 price tag, this is an essential edition to your library.

For more information:

ERA Guide to RoHS

Overview of RoHS2 - pdf

Directive Decoder