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 be from 2014 other than for in vitro diagnostic medical devices (2016) and industrial monitoring and control instruments from 2017. Four additional substances have been highlighted and, while not  “banned” at this stage, will be subject to priority assessment, and may well be restricted if they pose an unacceptable risk. Three phthalates (BBP, DBP, and DEHP) used as placticizers to make PVC plastic soft and flexible, and a brominated flame retardant (HBCDD) also appear in the REACH Candidate List as Substances of Very High Concern (SVHC), and may be subject to “authorization of use” requirements following a public consultation.

The current list of exemptions to ROHS were reviewed as a separate exercise and several of the list will be withdrawn, some re-worded and there may well be a new one added, from the five under consideration. These could be implemented during late 2009, although 2010 is more likely following elections in the European Parliament. The indicative products list that was originally part of the WEEE directive now sits in a ROHS annex making it easier for the European Commission to update.

Numerous exemptions for Categories 8 and 9 are also listed in an annex, and terms such as homogenous material and spare parts are included in the text for the first time, providing clarity across all member states.

REACH
The REACH regulations have been moving at a rapid pace since the announcement of the first batch of 15 SVHC’s in October 2008. The six month window of pre-registrations then came to an end during December.
There were 2.75 million pre-registrations, covering almost 150,000 substances from 65,000 companies. The process of actual registration has now started with staggered deadlines in 2010, 2013, and 2018.

In January there were further developments, with seven of the 15 SVHCs included in a public consultation paper covering the first draft recommendations of substances to be included in the list of substances subject to “authorization of use.” This is an area of significant cost to industry with a standard charge of more than $60,000, although reduced fees are applicable subject to company size.

The REACH regulations require that certain information be passed “downstream” where SVHCs are included in articles, and this is also the case where products are shipped from outside the EU, although it can be the importer that is obliged to provide this. This obligation includes, at a minimum, the name of the toxic substance and, where appropriate, any safe use data.

As with ROHS in 2006, the data flow depends mainly on the manufacturers and there is already some frustration in industry at the response rate, especially as providing this data promptly is an obligation all the way down the supply chain.

EuP
The Energy using Products, or the eco-design directive, will see more studies completed during 2009. From studies covering a wide range of product categories, Implementing Measures, or mini directives, will set out eco-design targets. Of the 20 studies started, six off them, such as battery chargers, lighting and electric motors, now have legislation proposed and one, standby and off-mode losses of EuPs, was the first to have a regulation enter into force.

A working plan looking at the next three years has lead to the European Commission announcing a further 17 product categories that will undergo studies with a view to increasing energy efficiency in use. These range from transformers, to coffee machines, machine tools, right through to professional washing machines and air-conditioning systems.

About the author
As director of legislation and environmental affairs, Gary Nevison is Newark's and Farnell's spokesperson and customer interface on legislation that affects the electronics industry, such as the ROHS (all variations around the world), REACH, EuP, and WEEE directives. For more on Gary, click here.