May 2008
I. The European Union has published three new RoHS exemptions:
The European Union has published the following three new exemptions in its Official Journal:
30. Cadmium alloys as electrical/mechanical solder joints to
electrical conductors located directly on the voice coil in
transducers used in high-powered loudspeakers with sound pressure
levels of 100 dB (A) and more.
31. Lead in soldering materials in mercury free flat fluorescent
lamps (which e.g. are used for liquid crystal displays, design or
industrial lighting).
32. Lead oxide in seal frit used for making window assemblies for
Argon and Krypton laser tubes.
These were adopted by Member States in September 2007 and by the European Commission in January 2008, but were only published on May 24th.
II. U.S. Mission to the EU WEEE/RoHS Update:
May and June are critical months for the review of the WEEE and RoHS Directives. The EC’s WEEE consultation closes soon, and there is a lot happening on the review of the RoHS Directive, including stakeholder workshops and the preparation of reports for the EC on potential new substances for inclusion in RoHS and the evaluation of existing exemptions. PLEASE NOTE that some of the deadlines for action are imminent and require urgent attention.
WEEE
Public Consultation Closes Soon
The European Commission’s public consultation on policy options
for the review of the WEEE Directive closes on June 5th. U.S.
companies wishing to send contributions on this subject are
encouraged to do so quickly. Further details on this are
available on the European Commission’s website, as well as on
our own site.
RoHS
RoHS Exemptions
As part of its contract with the European Commission, German
research institute and consultancy Öko-Institut will be holding a
stakeholder workshop on the subject of the (now annulled) RoHS
exemption for Deca-BDE on June 13th in Brussels. Although places
are limited, registration requests can be sent in until May 19th.
Full details can be found on our website. The workshop will help Öko-Institut
gather information that will assist it in making a recommendation
to the European Commission on the pros and cons of a ban on
Deca-BDE.
The U.S. Mission to the EU has been polling Department of Commerce offices in all EU Member States to gather information about how the ban on Deca-BDE will be enforced. If you are a U.S. company and have questions relating to enforcement of the ban in any particular country, we may be able to provide some relevant information. Feel free to contact us by email at: Chris.Sherwood@mail.doc.gov
Separately, the EU’s Technical Adaptation Committee (TAC) is likely to be holding a vote in the next few weeks on a package of new exemptions, as well as on the repeal of one exemption. We understand the text may look something like this (please note that the vote is not certain to happen, and the text to be voted on could change significantly):
“33. Lead in solders for the soldering of thin copper wires of
100 μm diameter and less in power transformers.
34. Lead in PVC used for giving a Negative Temperature
Coefficient (NTC) behaviour to the PVC in view of electronic shut
down control of flexible electric heating appliances
(overblankets, heating pads and underblankets) until 1 July
2008.
35. Lead in cermet-based trimmer potentiometer elements.
36. Cadmium in photoresistors for optocouplers applied in
professional audio equipment until 31 December 2009.
37. Mercury used as a cathode sputtering inhibitor in DC plasma
displays with a content up to 30 mg per display until 1 July
2010.
38. Lead in the plating layer of high voltage diodes on the basis
of a zinc borat glass body.
39. Cadmium and cadmium oxide in thick film pastes used on
aluminium bonded beryllium oxide.
Repeal of: 22. Lead as impurity in RIG (rare earth iron
garnet) Faraday rotators used for fibre optic communications
systems.”
Note that the numbers start at 33, whereas the latest RoHS exemption on the books is numbered 29. This is because three exemptions (30-32) were adopted in September but have still not been published in the Official Journal and are therefore not yet in force.
RoHS Review: Possible New Substance Bans
As part of its contract with the European Commission, German
research institute and consultancy Öko-Institut held a
stakeholder workshop on the subject of possible new substance
bans on May 6th in Brussels. A draft report was presented to
invited technical experts for comment. The list of substances
that may be recommended for a ban by Öko-Institut include:
- TBBP-A
- HBCDD
- DEHP, DBP AND DBP
- MCCP
- Short-chained chlorinated paraffins (SCCPs)
- Nonylphenol and nonylphenol ethoxylates
- Organochlorine and organobromine compounds:
- Halogenated organic compounds
The Öko-Institut is open to further technical input on these substances until May 20th. A final report will be sent to the European Commission in June. The Commission is not bound to follow any of the recommendations of the Öko-Institut in its legislative proposals, which we now expect to be made public towards the end of the year. The draft report and other information can be found on our web site.
The trade association IPC plans to hold a meeting in Brussels on June 18th for all interested stakeholders on the subject of the possible inclusion of new substances in RoHS. Details are available on the IPC web site. Interested parties should register their interest by May 20th.
April 2008
U.S. Mission to the EU WEEE/RoHS Update:
- The U.S. Mission to the EU believes that U.S. industry may be underestimating the impact it can have on this review process; participation in the reviews of the WEEE and RoHS Directive so far has been low. Any changes the Commission eventually proposes will be based on input received.
- The European Commission has launched its final public consultation on options for the review of the WEEE Directive.
- The European Court of Justice has annulled the exemption for DecaBDE in polymeric applications.
WEEE
Public Consultation Launched on Review
The European Commission has launched a final public consultation
on options for the review of the WEEE Directive. The consultation
document is available on the Commission’s web site - http://circa.europa.eu/Public/irc/env/weee_2008_review/library.
It addresses issues related to legal basis for the Directive,
scope, targets, and producer responsibility provisions such as
registration modalities. We encourage U.S. companies to
contribute to the review process.
RoHS
Exemptions: ECJ Annuls DecaBDE Exemption
On the 1st of April, the European Court of Justice issued its
judgment in a case challenging the legality of the RoHS exemption
for DecaBDE, the brominated flame retardant. The judgment finds
that the Commission adopted the exemption according to the wrong
criteria and procedure, and annuls the exemption. It does not
challenge the science behind the exemption, however. The court
has allowed a 3-month transition period before DecaBDE to be
phased out. According to the court and to the European Commission
(which defended the exemption), EEE placed on the market as of
July 1st 2008 may not contain DecaBDE. The full implications for
national laws are not yet clear, and the Commission has not
indicated what it intends to do vis-à-vis DecaBDE. The European
Commission is open to industry comment on this issue.
Exemptions: 6th Exemption Decision still unpublished
The set of RoHS exemptions adopted by the TAC in September 2007
has still not been officially published. We cannot provide an
estimate of when publication will occur at this time.
Although no official text yet exists, we understand these
exemptions to be:
“30. Cadmium alloys as electrical/mechanical solder joints to
electrical conductors located directly on the voice coil in
transducers used in high-powered loudspeakers with sound pressure
levels of 100 dB (A) and more.
31. Lead in soldering materials in mercury free flat fluorescent
lamps (which e.g. are used for liquid crystal displays, design or
industrial lighting).
32. Lead oxide in seal frit used for making window assemblies for
Argon and Krypton laser tubes.”
Exemptions: 7th Exemption Decision in the pipeline
The European Commission is consulting with EU Member States on a
new package of exemptions that could be adopted within the next
few months. This package is likely to correspond to the set of
exemption requests that were subjected to a public consultation
that closed in January 2007 (http://ec.europa.eu/environment/waste/rohs_6_consult.htm).
Stakeholder input to the consultation can be found on the
Commission’s CIRCA pages - http://circa.europa.eu/Public/irc/env/rohs_6/library.
March 2008
U.S. Mission to the EU WEEE/RoHS Update:
The consultant contracted by the European Commission to undertake a review of all existing exemptions and three new exemption requests has now issued a public consultation. We encourage interested U.S. companies to submit input, as the report that results from this process is likely to heavily influence the fate of these exemptions. The closing date for this consultation is April 1.
Öko-Institut Publishes Consultation on Exemptions
The consultant contracted by the European Commission to undertake
a review of all existing exemptions and three new exemption
requests has now issued a public consultation. We encourage
interested U.S. companies to submit input, as the report that
results from this process is likely to heavily influence the fate
of these exemptions. The closing date for this consultation is
April 1st.
For details please refer to the Commission's WEEE/RoHS pages.
Some context and other information is available on the U.S. Mission to the EU's WEEE & RoHS review page.
For contact with the contractor and more information on the study and the consultation, click here.
January 2008
Study for the Simplification of RoHS/WEEE
Draft Final Report:
- RoHS Directive
- WEEE Directive
This draft report is available for comments. Stakeholders are invited to send comments to sbogaert@arcadisecolas.be by January 31 2008 at the latest.
The parts which are available for comments only concern the analysis of the impacts of the Directives. A consultation on options for revision of the RoHS Directive is currently open on DG ENVIRONMENT website. Please see the following link: http://ec.europa.eu/environment/waste/weee/events_en.htm
For further information, please download the following document produced by the US Mission to the EU - US Mission to the EU WEEE/RoHS Update (27KB)
September 2007
September 13th, 2007 the U.S. Mission to the EU's WEEE/RoHS Update. For further information please visit http://www.buyusa.gov/europeanunion/weee.html
The US Mission wishes to clarify the political and institutional context of the Ecolas questionnaire on the costs of RoHS compliance being carried out on behalf of the European Commission’s DG Enterprise and provide an update on timings.
WEEE & RoHS
• Ecolas Consultation
As we reported earlier this year, the European Commission’s Directorate General (DG) for Enterprise has employed consultancies Ecolas and Risk & Policy Analysts to assist in gathering information on problems being encountered by stakeholders in the implementation of the WEEE and RoHS Directives. The companies published some questionnaires in the Spring, which did not elicit levels of feedback that were deemed to be sufficient. The new deadline for comments is: September 30th, 2007.
We encourage US companies and trade associations to provide feedback on the problems experienced with WEEE and RoHS, since the upcoming revision has the potential to improve the way these pieces of legislation work. The deadline for comment is tight, but we believe information provided after that date will be of interest to the European Commission regardless.
We would particularly like to note that this study has been commissioned by the Directorate General (DG) for Enterprise. While DG Environment takes the lead on WEEE and RoHS, DG Enterprise has been seeking to increase its role in this area, as part of its mission to promote better regulation and achievement of the EU’s competitiveness and economic growth objectives. DG Enterprise is very concerned with the experiences of companies in compliance. A successful Ecolas report for DG Enterprise, with well-documented evidence of the impacts we are hearing about anecdotally from US industry, could help improve these directives.
The documents are available on our web site at: http://www.buyusa.gov/europeanunion/weee_rohs_revisions.html. Although this is not a U.S. Government consultation, we encourage you to copy us on your submissions, using this email address: Brussels.EC.Office.Box@mail.doc.gov . All information received will be treated as strictly business confidential.
• Study on new substances
Under Article 4 of the RoHS Directive, the European Commission is obliged to assess the need for possible new substance bans under RoHS. A study will be launched imminently to provide the Commission with the data it needs to prepare a policy proposal (if any). The study will also examine the relationship between RoHS and the EU’s chemicals policy, REACH.
• Study on RoHS exemptions
Article 5 of the RoHS Directive requires the European Commission
to assess the need for continuing exemptions of certain
applications of the banned substances from four years after
their adoption. The Commission will therefore imminently be
launching a public tender for a study to review the existing
exemptions. The Commission expects the work to be carried out in
2008.
• Timingof RoHS Review
With the various studies and consultations still underway and planned, the review of the RoHS Directive is lagging behind that of the WEEE Directive. It is too early to say whether the WEEE review will be held up in order to coincide with the RoHS review. We expect the Commission to be ready for a public consultation on policy options for a new WEEE Directive during the Winter. A public consultation on draft RoHS proposals would not be held until mid- or late 2008. Please note that industry is free to comment on the revisions both in the context of the studies being carried out for the Commission and in the context of the Commission’s own public consultations.
August 2007
From the 1st July 2007, VCA (the government’s enforcement body
for distributor obligations under WEEE), are responsible for
ensuring that retailers and distributors of electrical equipment
play their part in helping people dispose of waste electrical and
electronic equipment.
For further information, and advice for retailers and
distributors, see the VCA website at:
http://www.vca.gov.uk/enforcement/weee-enforcement.asp
May 2007
DTI appoints VCA as the distributor enforcement body for the WEEE regulations
The Science and Innovation Minister, Malcolm Wicks, today announced the appointment of the Vehicle Certification Agency (VCA) as the enforcement body for the distributor obligations under the Waste Electrical and Electronic Equipment (WEEE) Regulations.
Mr. Wicks said:
"This agency has an important role to play in ensuring that distributors comply with their obligations under the WEEE Regulations. Free-riding will not be tolerated, and a robust process will be in place to serve notice and ultimately prosecute distributors who are unwilling to become compliant.
"From 1 July, this agency will also make sure that retailers and distributors of electrical equipment play their part in helping household users dispose of WEEE at the end of life, as well as market surveillance and inspections. "
From 1 July, distributors of electrical and electronic equipment
will have to provide facilities for their customers to return old
electrical equipment free of charge when they buy a replacement
item.
Distributors, including distance sellers, have two options:
1. They can either join the Distributor Takeback Scheme (DTS) which supports a network of primarily local authority collection points where customers can return their waste electricals.
2. Or they can allow customers to bring goods back to the
store.
Whether members of the DTS or providing takeback in store,
distributors also have to make information available to consumers
on how they can dispose of WEEE and the environmental benefits of
doing so.
Notes:
1. The WEEE Directive aims to address the environmental impact of electrical and electronic equipment (EEE) and to promote its separate collection when it becomes waste (WEEE). WEEE is a priority waste stream for the EU because of its growing volume in the municipal waste stream and its potential hazardousness following disposal.
2. The Directive introduces producer responsibility for waste electrical and electronic equipment (WEEE). Producers will have to finance treatment and recycling/recovery of separately collected WEEE in the UK to specified treatment standards and recycling/recovery targets. Retailers have an obligation to offer take-back services to householders. The Directive does not place any obligations on householders, and they will be not be prohibited from throwing WEEE away with general domestic rubbish. It will however encourage more WEEE to be reused or recycled by ensuring that there is a network of facilities in place where householders can return their used equipment free of charge.
3. VCA, an executive agency of the Department for Transport, is the United Kingdom's national approval authority for new road vehicles, agricultural tractors and off-road vehicles. In addition, VCA offer management system certification and training services against the requirements of ISO 9001:2000, ISO 14001, QS-9000, ISO/TS 16949, EMAS and OHSAS 18001. As an executive agency of the UK Department for Transport, VCA is closely linked with Government and European policy formulation and the enforcement of vehicle safety and environmental standards.
4. VCA provide expert international testing, training and certification services for vehicles, their systems and components. Type Approval is the testing and certification process applied throughout all the European Member States to ensure that a range of safety and environmental standards are met by both vehicle and component manufacturers before their products can enter into the market place.
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The EU has instigated an information gathering exercise in preparation for the revision of WEEE and RoHS directives.
We encourage U.S. companies to participate in this consultation exercise to comment on their experience of addressing WEEE/RoHS legislation in the EU.
Further details on this consultation process and copies of the consultation document questionnaires can be found on our EU website at http://www.buyusa.gov/europeanunion/weee_rohs_revisions.html
April 2007
The UK Department of Trade and Industry has produced 2 new WEEE factsheets containing information on Distributor and Producer responsibilities:
Distributor Fact Sheet:
http://www.dti.gov.uk/files/file38213.pdf
Producer Fact Sheet:
http://publications.environment-agency.gov.uk/pdf/GEHO1006BLNZ-e-e.pdf
Archive
For previous updates on WEEE and RoHS, please visit our Archive section.