Critical Links

On May 21, 2009, the Ministry of Environment Protection of China launched the closed inter-ministries consultation on the proposed amendments to the Measures on the Environmental Control of New Chemical Substances … China REACH.

The most significant changes in the proposed measures are as follows:
- A risk management concept for new chemicals in the Chinese chemical control system covering hazard and exposure;
- Chemicals would be classified into three categories: general chemicals, hazardous chemicals, and chemicals of environmental concern;
- Basics of notification and the registration process for new chemicals would remain the same as it was. However, detailed "general notification" would be required for new chemicals depending on tonnage (1, 10, 100, and 1,000 tons) of the chemicals imported or produced. The principle of notificati...Read More

The Environmental Design of Electrical Equipment Act (EDEE, bill HR2420) has recently been put before the US House of Representatives as a proposed amendment to the Toxic Substances Control Act (TSCA).

The scope seems to be more limited than that of EU ROHS (European Union Restriction of Hazardous Substances) directive and refers to products that are “directly used to facilitate the transmission, distribution, or control of electricity, or that use electrical power for arc welding, lighting, signalling protection, and communication, or medical imaging, or electrical motors and generators.”

The substance restrictions and maximum permitted concentration values, within homogeneous materials, are the same as EU ROHS, although bill HR2420 does stipulate certain exemptions s...Read More

The withdrawal of the ROHS exemption 9a, namely “DecaBDE in polymeric applications” last year, is a subject of much discussion, and I still receive many questions on the matter some 10 months after the event (July 1, 2008).

DecaBDE was investigated intensively for more than 10 years and it is safe to say that there is more scientific data for this substance than any other alternative flame retardant. The problem is that DecaBDE was one of the most widely used flame retardants (FRs) in electrical and electronic equipment, but manufacturers and their component suppliers would not know which FRs are used in any parts they buy.

If you buy a connector, for example, the data sheet will not specify which FR is used. Distributors will not know, and quite often, the parts manufacturer will not know. Plastics supply chains can be quite long, often originating in ...Read More

North American companies exporting batteries into Europe need to be aware not only of substance restrictions, but also a raft of labelling and information requirements.

In addition to mercury, which has been restricted for some time (maximum 0.0005% by weight of the battery, other than button cells where a maximum of 2% by weight is permitted), cadmium is now also restricted. A maximum of 0.002% by weight of the battery is permitted, but with three exemptions. These are emergency and alarm systems, including lighting, medical equipment, and cordless power tools, although the latter will be reviewed by September 2010.

Labelling requirements include the crossed out wheelie bin and the “Hg” and “Cd” symbol below this, where the battery contains more than the permitted values. While lead is not restricted, “Pb” needs to be shown whe...Read More

Many people felt an initial sense of relief that the changes announced as part of the so called "RoHS2" proposals back in December 2008 were not as widespread as feared. While new product categories (medical devices and monitoring and control instruments) will fall within scope, and it is likely that four new substances will be captured under ROHS (or REACH) and the separate review of exemptions will have some impact, the implementation dates of all three looked to be some way out in the future.

However, many appear to have overlooked the impact on industry of the proposed CE marking regime to ROHS (pictured). If the proposals are adopted, which seems likely, ROHS compliance could well become a much more complex and res...Read More

The European Commission has recently made public a report on the review of 29 current ROHS exemptions. The report was carried out by its contracted technical consultants Oko Institute and Fraunhofer IZM, who made recommendations on the exemptions. The recommendations will be voted on by the Technical Adaptation Committee (TAC) and be adopted by the Commission before becoming effective.

Many thousands of products rely on an exemption and, as part of the review, the consultants were tasked with providing clearer and unambiguous wording on existing exemptions. Of the 29 exemptions, 21 will continue, in many cases, with amended wording and proposed expiration dates between 2010 and 2014.

Five exemptions will be eliminated with a proposed transition period until mid 2011, and one exemption will be withdrawn with no transition period. These are 16 (lead in linear incand...Read More

US companies that are requested to provide information on Substances of Very High Concern (SVHC) under the REACH (Registration Evaluation Authorization and restriction of Chemicals) regulations might be wondering what has hit them.

At a minimum, they will be asked for the name of the SVHC in the "articles" (the REACH wording for products) that you supply. They will also be asked to provide, where appropriate, Safe Use Data.

So what kind of content should be included in the Safe Use Data? The European Chemicals Agency (ECHA) has issued comprehensive guidance on this important subject, which is a legal obligation for manufacturers and downstream users in Europe. It differentiates between advice to consumers and professional users.

For example, consumers might be advised to keep a substance out of the reach of small children, avoid dermal exposure by...Read More

The Conselho Nacional do Meio Ambiente, or National Council of the Environment (CONAMA) in Brazil, has adopted legislation on batteries, resolution 401/2008 that replaces 257/1999.

The resolution impacts portable, industrial, and automotive batteries. As well as including obligations on disposal and recycling, there are substance restrictions which are different to those in other countries, including the European Union.

In the EU, there is no restriction of lead in batteries, although there are labelling requirements if the battery contains more than 0.004% by weight.
The Brazilian legislation has a concentration limit for lead in alkali batteries of 0.1%, while the upper limit of cadmium and mercury is the same as in the EU.
The restrictions will apply starting on July 1. Unlike the EU, there is no ban on NiCd batteries, although disposing via landfi...Read More

2009 will see momentum building around the Energy using Products (EuP) eco-design directive in Europe. This looks at improving the energy efficiency of a product throughout its entire lifecycle, from mining of the raw material through recycling at end-of-life. REACH chemical regulations and the change in scope to the ROHS directive will also remain a significant focus of attention.

ROHS
The proposed changes to the ROHS directive include the addition of Categories 8 (medical devices) and 9 (monitoring and control instruments). These originally were featured in the indicative products list in the WEEE directive, but were omitted from the scope of the original ROHS legislation due to reliability concerns around the use of lead-free solder. Implementation of these two categories will b...Read More

The ECHA (European Chemicals Agency) based in Helsinki, Finland, has launched a public consultation on the first draft recommendation for what will be included in the list of substances that are subject to authorization under REACH (Registration, Evaluation, Authorization and Restriction of Chemicals). The consultation is part of the process to include these substances in Annex XIV (the REACH authorization list).

The draft also proposes that applications for authorization should be submitted between 24 and 30 months after the substances, if approved, have been included in Annex XIV. Also, these substances cannot be manufactured, imported, or used in manufacturing processes 42 to 48 months after the inclusion date.

The EC (European Commission) may grant an authorization if the applicant can demonstrate that any risk from using the substance is adequately controlled...Read More

The European Commission (EC) has announced proposed changes to the scope of the ROHS (Restriction of Hazardous Substances) directive.

The two stage review looked at new products, restricted substances and changes to scope while part two, to be announced early in 2009, included a comprehensive review of exemptions (eight are expected to be annulled, and one new one added).

As part of the revised directive the list of indicative product categories will move from the WEEE (Waste Electrical and Electronic Equipment) directive over to a new annex in the ROHS directive. This list will be updated as required by the EC.

Other key highlights include:

-Categories 8 (medical devices) and 9 (monitoring and control instruments) will fall within scope with implementation dates ranging from 2014 through to 2017. Numerous exemptions are also under review to ...Read More

The tragedy of inadequately controlled recycling of e-waste (electronic waste) that is shipped, often illegally, to developing countries from the developed world is something that we can no longer ignore.

As a reminder, this uncontrolled recycling is happening despite the international Basel Convention that prohibits the export of hazardous waste to developing countries for any reason, including recycling. Europe, in general, has ratified this treaty, yet there is still evidence that violations occur.

The US has yet to ratify the Basel Convention. It did enact a rule in January 2007 requiring companies to notify the EPA before exporting scrap CRT screens. However, the rule only covers CRT screens and the Government Accounting Office recently concluded the rule has not been effective in deterring the illegal export of CRT screens.

Dr Thuppil Venkatesh, advis...Read More

Only until recently most chip manufacturers turned a blind eye to any unauthorized supply issues. The explosion of counterfeit problems fell nicely in to the “I told you so” attitude and allowed chip manufacturers to blame non-authorized channels and customers for using non-authorized channels as procurement solutions.

As the problem escalated, customers had little information or any solution to the electronics supply chain issues at hand. Buyers of electronic components regularly used gray market channels to source product from known unauthorized sources. Component manufacturers despised it, but begrudgingly admit the gray market had its place to fill order book the factory could not. 

The growth of counterfeit incidents is off the chart, a growth chart that most distribution outlets haven’t seen in years. Industry associations and agencies s...Read More

Peering into the crystal ball, there are still several possibilities around the scope of the ROHS (Restriction of Hazardous Substances) directive in the European Union (EU) or, to be politically correct, the European Economic Area.

An announcement regarding changes to ROHS, originally expected in September, is now likely during November or December. So let's take a step back and consider what is happening.

Article 6 requires that the directive is reviewed and the European Commission (EC) invited Oko Institute, based in Germany, to review a whole raft of potential restricted substances and, as part of a separate study, look into the on-going validity of the current exemptions.
 
Previously, UK organization ERA Technology had been asked to look at the WEEE (Waste Electrical and Electronic Equipment) directive's categories 8 (focused on medical equip...Read More

REACH is a European Union (EU) regulation governing the registration, evaluation, authorization (and restriction) of chemicals.
 
Some 300 pages long, with hundreds of pages of guidance notes, REACH is one of the most complex regulations to come out of the EU. From a list of more than 100,000 chemicals used in Europe, only 3% of the 30,000 most popular chemicals in use have been fully tested. There is still no data for 21% of them and inadequate data on a further 65%. At the same time, the number of incidents of allergies, asthma, certain types of cancer, and reproductive disorders, including low sperm counts, are on the increase in Europe. One percent of all diseases are attributed to chemicals.
 
REACH requires the registration of these popular chemicals, as well as all new ones, along with the adequate safety and risk assessment data. Subst...Read More