California RoHS
REACH
EuP Directive
Japanese J-Moss
Korean RoHS
EU Batteries Directive

The first California version of the RoHS directive was passed in 2003 under legislation SB20/SB50. The scope covered electronic devices where an electronic device is defined under the legislation as video display devices with displays larger than 4 inches diagonally. It followed the EU RoHS 100% in substance bans, thresholds and exemptions. Many US companies are unhappy with this since they have to apply to the EU to get exemptions in California. The substance restrictions come into force on the 1st January 2007.

In addition to the above companies must establish baselines that show the total estimated amounts of mercury, cadmium, lead, hexavalent chromium, and PBB's used, and the reduction in the use of those hazardous materials from the previous year. They must also establish baselines that show the total estimated amount of recyclable materials contained in products and the increase over the previous year, and describe any efforts to design for recycling and goals and plans for further increasing design for recycling.

Attempts to extend the legislation to have the same scope as the European RoHS failed at the last fence when the Bill 2202 was not signed off by the Governor of California. It is believed this bill will not be revived.

On the 30th December 2006 the REACH Regulation (EC) No 1907/2006 and Directive 2006/121/EC amending Council Directive 67/548/EEC were published in the EU Official Journal. The regulations are effective across the whole of the EU on the 1st June 2007.

The intentions of the new Regulation are to improve the protection of human health and the environment while maintaining the competitiveness and enhancing the innovative capability of the EU chemicals industry. REACH gives greater responsibility to industry to manage the risks from chemicals and to provide safety information on the substances. This information has to be passed down the chain of production.

Tthe main REACH requirements start to come into effect from the 1st June 2008 when a 6 months window to pre-register substances comes into effect. The 1st December 2010 is the deadline set for producers and importers to register the following:

• All category 1 and 2 carcinogens, mutagens and reprotoxins produced above 1 tonne
• Substances classed as very toxic to aquatic organisms above 100 tonnes
• All other substances above 1000 tonnes. 

Substances not registered by the dealine can not be sold in the EU.

One of the requirements of REACH is to ensure that not only manufacturers and importers but
also their customers, i.e. downstream users and distributors, have the information they need to use chemicals safely. Information relating to health, safety and environmental properties, risks and risk management measures is required to be passed both up and down the supply chain. The primary tool for information transfer is the 'Safety Data Sheet (SDS)

For substances of very high concern, an authorisation is required for their use and their placing on
the market. Substances that fall into this category will be fed into the authorisation system as resources allow. Their uses will not be banned by default. The REACH agency will publish a list of substances meeting the criteria above and reflecting its multiannual work plan, taking into consideration comments from interested parties.

The European Commission confirmed their intention to hold an internet consultation on GHS (Global Harmonised Labelling System). The date is targeted for early August 2006 and will run for 8 to 10 weeks. The plan is that this new system will be launched at the same time as REACH and be the official system within it for the classification & labelling of substances and preparations. Behind this are many concerns in industry. Most prominent are

1. this will be a significant undertaking on its own. Combined with REACH there is increased potential for supply chain confusion and increased potential for unintended compliance violations.
2. while GHS has been agreed to as the global framework for this form of hazard communication, the EU is an early adopter, which will require additional education and awareness training within supply chains outside of the EU, many of whom will be late adopters (for example : the U.S. will not begin adoption until after 2010). This places a burden on EU companies to review and advise need for corrections/amendments of classification of raw materials supplied from nations not aligned to GHS.

So what does all this mean to the downstream chemicals supply chain? First, there will be changes to the classification and labelling of materials supplied by upstream chemicals suppliers separate from the consequences of REACH. These may be minor or significant, depending on the hazard profile of the substances/preparations involved. This may be a concern for site industrial hygiene etc. Downstream users will need to assess the use and exposure scenarios under REACH and communicate back up the supply chain this information in the context of substances and preparations classified under GHS. So the downstream users will need to be trained and be aware of the new scheme.

The EDT tool covers both REACH and Material Data Sheets. Once the EU position on GHS has been established the tool will be updated to reflect the process decided.

If you want to find out more about REACH then attend our webinar on the 6th March. It is only £50 and we put no restrictions on the number of people listening. These talks are not only ideal for businesses but for universities/colleges that wish their students to keep up to date on these matters and get independant expert advise.

The IVK methodology with standardised eco-parameters is being used by all the EuP preparatory studies groups. Each of the groups is first looking at the product definition, legislation impacting the products being studied and existing standards. After this an economic and market analysis is being done and a report issued. The groups will then look at consumer behaviour, local infrastructure, and analysis of the product system.

From the above a base case definitions will be produced then analysed using the standardised data in the EcoReport tool produced by IVK. This is an Excel Spreadsheet which uses standardised data for the different parts of the life cycle, which are defined as:

• Manufacturing (Materials and Production)
• Distribution which includes product assembly and packaging
• Use phase
• End-of-life including disposal and recycling

The parameter chosen to monitor are:

• Energy (Total primary gross energy requirement. electricity used, and energy generated from incineration of plastic feedstock)
• Materials use
• Waste generation (Hazardous and non-hazardous)
• Emissions to air (green house gases, acidifying agents, volatile organic compounds, ozone depleting substances, persistent organic pollutants, heavy metals, fine particulate matter and suspended particulate matter.)
• Emissions to water ( heavy metals, substances affecting oxygen balance)

Whilst a proportion of the data is suspect in accuracy and many materials are not covered, it is probable this standardised approach will be used in a modified form when the implementation measures are passed.

The EDT modules cover both the analysis and management aspects of the EuP. Either standardised or inhouse data can be used, with the standardised data kept up to date from the EDT website. The product and base cases from the preparatory groups are being put on the website as they become available so direct comparisons can be made with your own products.

Do you want more information and advise on the EuP? Then attend our webinar on the EuP on the 12th April 2007

This legislation is the Japanese version of the EU RoHS and came into force on the 1st July 2006. It covers the same substances as the EU RoHS and has the same thresholds and most of the the same exemptions. The main difference is that companies must only report and put a label on their products if they exceed the thresholds. The substances are not banned for use. Products not containing any non exempt substances over the thresholds can if they wish attach a green label.

Products covered by the legislation are PCs, unit-type air conditioners, TVs, refrigerators and washing machines. Details on exemptions etc are given in the Japanese standard JIS C 0950

The Korean RoHS comes into force on the 1st July 2007. On that date it will just cover TVs, refrigerators, air conditioners, laundry machines, personal computers, audio devices, cellular phones, printers, copy machines, fax machines. Eventually it will cover the same scope as the EU RoHS and ELV (End-of-life Vehicles) directives.

Thresholds and exemptions are not yet known but the Korean Ministry of Environment (MoE), which is responsible for implementation, has indicated that it intends to harmonize requirements with the pre-existing EU requirements

The EU batteries directive 2006/66/EC was published in the Official Journal on the 6th September 2006. The directive states Member States shall prohibit the placing on the market of: all batteries or accumulators, whether or not incorporated into appliances, that contain more than 0,0005% of mercury by weight; and portable batteries or accumulators, including those incorporated into appliances, that contain more than 0,002% of cadmium by weight. The prohibition does not apply to button cells with a mercury content of no more than 2% by weight.

Exemptions under the act are emergency and alarm systems including emergency lighting, medical equipment and cordless power tools.

Under the directive Member States have to achieve the following minimum collection rates:

• 25% by six years after entry into force of this Directive.
• 45% by ten years after entry into force of this Directive.

Only six EU countries currently have collection schemes for recycling batteries.

Member States have to ensure that manufacturers design appliances in such a way that spent batteries and accumulators can be readily removed. Appliances which incorporate batteries require instructions showing how they can be removed safely These provisions do not apply where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary and requires a permanent connection between the appliance and the battery or accumulator.

The following recycling targets must be met at the latest by 26th December 2010

• Lead-acid batteries/accumulators: 65% by average weight
• Nickel-cadmium batteries/accumulators: 75% by average weight
• Other batteries/accumulators: 50% by average weight.