Directive Decoder

The WEEE (Waste Electrical and Electronic Equipment) Advisory Body (WAB) in the UK came to an end on 30 September. Although the WAB has made a significant contribution to the development of policy its abolition was announced by the Secretary of State for Business Innovation and Skills as part of the Coalition Governments cost saving measures.

To ensure that key work continues five groups have been set up to look into UK strategy, business to business issues, moving WEEE closer to Individual Producer Responsibility (IPR), a specification on reuse and finally a focus on the EC recast.

A BIS official will take responsibility for each working group and the department will continue to work closely with officials in other Government Departments and agencies

Directive Decoder

Trialogue meetings have been taking place between the European Commission, European Parliament and Council of Ministers to smooth the way for a first reading approval on the RoHS recast.

The European Chemicals Agency (ECHA) is to publish a list of all

phase-in Substances that have been registered to date under the REACH regulations. The list will indicate what use the chemicals have been registered for but not, unfortunately, the name of the registering company.

The reason for publishing these details is to allay concerns that some substances may not be registered in time for the 30 November deadline which would mean, under the regulations, that the substance would be banned as a result.

After a lengthy delay the updated list of RoHS exemptions entered into force on 24 September. However, there were errors and a revised list was published on 29 September (see link):

Corrected RoHS exemptions

Directive Decoder

Progress towards agreement on the proposed RoHS recast has hit troubled waters and a first reading approval now seems unlikely.

Belgium, who holds the EU presidency, has proposed to abandon a list of priority substances which could potentially face restriction.

This list includes many of the Substances of Very High Concern (SVHC) on the REACH Candidate List as well as the likes of arsenic compounds, beryllium compounds and PVC.

Over 800 pages into the US Consumer Protection Act (the Act), signed into law by President Obama on 21 July 2010, section 1502 lays the foundations for US Securities and Exchange Commission (SEC) registered companies being required to make "Disclosures relating to Conflict minerals originating in the Democratic Republic of the Congo" (DRC).

This will identify those products manufactured by a company that can be proved "DRC Conflict-Free" or otherwise.

This industry leading guide has been updated and looks at the current status and likely impact on industry of RoHS, REACH, WEEE, Batteries, eco-design and many other pieces of regulation.

Read the full report here

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Directive Decoder

The basis for RoHS and REACH substance restrictions are quite different. Restrictions in the original RoHS directive were 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 safer substitutes exist.

The Toxic Substance Control Act (TSCA) is a US law, passed in 1976. that regulates the introduction of both new and existing chemicals.

TSCA does not separate chemicals into categories of toxic or non-toxic but prohibits the manufacture or importation of chemicals that are not on the "TSCA inventory".

I have reported for a while that the recast of the WEEE (Waste Electrical and Electronic Equipment) Directive was making stuttering progress.

A first reading approval had been hoped for but the necessary progress has not been made and now it is unlikely that this will be voted on during 2010.

WEEE is unlikely to appear on the agenda of the next Environment Council meeting in December as no first reading position has been received from the European Parliament.

It is now unlikely that the Council will take the matter up again during the tenure of the Belgian presidency.

Progress has slipped significantly from the end of last year when it was hoped that agreement would be reached during 2010.

The delay prolongs the uncertainty on how severe the new collection targets will be.

Directive Decoder

The EU WEEE Directive has been in force since 2005 and is currently being amended by the EU after a comprehensive review by the European Commission. There is e-waste legislation in many other countries around the world. 

The article attached summarises the current status in the EU and explains the changes that might occur as a result of the recast of the WEEE directive.

WEEE recast

Directive Decoder

Currently the EU regulations that restrict certain halogenated flame retardants are RoHS and REACH.

RoHS currently restricts PBB and PBDE with no exemptions. The proposed recast will not include restrictions on any other halogenated flame retardants but will introduce a comitology procedure (i.e. carried out by the EC) for restricting additional substances which will include these types of compounds and, as a result, HBCDD is likely to be considered at an early stage. The procedure is likely to be risk based and similar to the restrictions procedure used by REACH, but will have an emphasis on risks at the end of life phase. The EP proposal to include all halogenated flame retardants in Annex III of the recast appears to have been dropped as Annex III will probably not be included. Member States will however propose specific substances for restriction by RoHS once the comitology procedure is in place.