Critical Links

A draft proposal for the recast of the European Union's ROHS (restriction of hazardous substances) directive has been published by the European Parliament (EP).

Among the proposed changes is to include all electrical products. The approach would be to add an 11th product category to the existing 10. The scope of the new category would simply be “other electrical and electronic equipment not covered by any of the categories 1-10.” In addition, the current exclusion of large-scale stationary industrial tools (LSIT) has been deleted and so all EEE (electrical and electronic equipment) including manufacturing production line equipment would be in scope.

Equipment covered by the new Category 11 would come into scope in July 2014.

The controversial “equipment that is part of another type of equipment that does not fall in scope and can only ful...Read More

Back in March 2007, Phase 1 of the so called “China ROHS” directive was implemented on time. This declaration period required labeling and information on up to 1,800 electronic information products. Pollution (recycling) symbols were required to indicate the level of toxic substances in a product. Where below permitted levels, a green symbol would typically be used, and an orange symbol where restricted substances were present above the permitted levels, which are broadly outlined within the EU ROHS directive that had entered into force in July 2006. Other unique information would also be required including an environmentally friendly use period advising how many years a product could be safely used before hazardous substances were likely to leak into the environment, a disclosure table outlining which toxic substances were present in a product and, to aid recycling, w...Read More

Following discussions between EU Member States and the Council of Ministers, new proposals have been put forward by Sweden, which currently owns the EU presidency, to amend the scope of the ROHS (Restriction of Hazardous Substances) directive.

Under the proposals the scope will change to encompass all electrical and electronic equipment unless specifically excluded. Currently there are eight product categories with binding examples of what products fall within scope. A recast, published in December 2008, also proposed the phased in addition of categories 8 and 9 (medical devices and monitoring and control instruments).

Under the new proposals all electrical and electronic equipment (EEE) will fall within scope, unless specifically excluded. Annex I (the 10 broad product categories) and Annex II (b...Read More

Dimethyl Fumarate (DMF) has been a big topic in Europe. Back in February 2008 the UK consumer program “Watchdog” reported a story about Chinese manufactured leather sofas, sold by a number of leading high street retailers in the UK that had lead to severe skin reactions due to the use of DMF.

The fungicide is contained within a sachet, which is placed inside the sofas in order to protect against mold during storage, transit, and everyday usage. These sachets often look similar to those that contain silica gel, a non-harmful desiccant frequently used in leather products.

By early 2009, more than 5,000 people in the UK had reported skin, chest, and eye injuries after using imported furniture. The use of DMF had been banned for several years, but was permitted in products imported from outside the EU. On May 1, 2009, the European Commission banned product...Read More

The subject of whether or not semiconductor evaluation boards, or development tools as they are often referred to, fall within the scope of the ROHS directive continues to rumble on.

Evaluation boards have always been a grey area. The problem is that they do not have one function and are, in reality, a wide variety of different products. It is fairly obvious that some are “Category 3 – IT and telecommunications equipment” and should comply with ROHS, and for that matter, the WEEE (waste electrical and electronic equipment) directive in Europe. However, some evaluation boards do not have an IT or telecommunications function and do not appear to fit into any of the categories.

The authorities like to keep things simple, and assume that all evaluation boards are the same, which they are not. One major US manufacturer has supplied many non-compliant ...Read More

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