Assent ComplianceDirector, Compliance Programs

Assent ComplianceSubject Matter Expert, Materials Management

Addressing companies in the electronics industry Great content and questions

How the different regulations may impact your company or industry

Several exemption extension requests have been received. Expect to have a decision on packs 8-11 by end of year.

Exemption expirations have unofficially been extended by 1 year to allow time to review the requests.

If extension request is rejected, expiration will not take effect for at least 12 months and no later than 18 months after the date of the Commission’s decision

The move to an ‘open scope’ (all EEE scope) in 2019, new exclusions and other issues

Stems from the change in definition of EEE

electric bicycles, pipe organs, pool pumps, windows and doors with electrical function, non-road mobile machinery with on board power source etc.

Commission proposals and impact assessment pushed back several times, now expected Q4 2016.

4 new substances (DEHP, BBP, DBP and DIBP) to be added to the existing 6 making it the “RoHS 10” (HBCDD was considered, but did not make the list).

There are currently no plans to add more substances to the RoHS list moving forward

European Court of Justice decision received September 2015

“Once An Article, Always An Article” (OAAA) - EU manufacturers need to supply

recipients with SVHC safe-use information on all simple articles in their products as

well as for the product as a whole

The definition of a ‘simple article’ is still being reviewed with respect to the REACH

interpretation about changes in shape

Update 3.0 released Dec 2015, to bring the text in line with the ruling

Next full revision not expected until 1H2017, enforcement is dependent upon

availability of new guidance

EU Member States are not necessarily obligated to enforce only those areas of REACH

focused on by the Forum

Sweden focused on Substances in Articles in 2013

France already has its own interpretation and claims it can enforce any time it wants

RoHS and REACH were intended to work together to protect consumers and the

environment, but it can be confusing

REACH AND DIRECTIVE 2011/65/EU (RoHS) A COMMON UNDERSTANDING

2018 registration deadline

Simplified/streamlined authorisation process

How to control the most dangerous chemicals, e.g. octylphenol, aprotic solvents;

ADCA; boric acid

Making REACH fit for nanotechnology

60+ (and rising) decisions on authorizations for individual companies

WEEE Directive 2012/19/EU (WEEE 2), replaced WEEE 2002/96/EC (WEEE 1)

Higher collection targets; higher recycling and recovery targets

New shipment requirements

Revised retailer/distributor obligations

Provision for ‘authorised representatives.’ E 1) – in force 14 Feb 2014

New streamlined list of categories from 10 to 6

Temperature exchange equipment

Screens, monitors, and equipment containing screens having a surface greater than 100 cm2

Lamps

Large equipment

Small equipment

Small IT and telecommunication equipment (no external dimension more than 50 cm)

45% of EEE POM on the market from this year, 2016 65% of EEE POM on the market or 85% of WEEE

generated by 2019 Ability to use substantiated estimates to contribute to

the UK target.

Move to open scope from 2018. Impact still not entirely clear.

EPR & potential impact on WEEE producer responsibility regimes across the EU.

“Closing the Loop” – an EU action plan for the circular economy Legislative proposals for amending six waste management Directives

A timetable for the Action Plan Additional analysis to complement the Impact Assessment

EPR will be broadened by expecting producers to cover total cost Data gathering EOL of product However, some consider it is too big...

Increase of the ‘preparing for re-use and recycling’ target for municipal waste to 65% by 2030, with an interim target of 60% by 2025

Increase the ‘preparing for re-use and recycling’ targets for packaging waste to 65% by 2025 and 75% by 2030 and simplification of the set of targets

Gradual limitation of the landfilling of municipal waste to 10% by 2030

In 2013, EU considered implementing Dodd-Frank like regulation

In 2016, informal Trialogue discussions begin (3 parties without specific agreement involved)

EU version will not just cover the Congo, will be able to grow as needed

Additional substances like cobalt could be included, but will be addressed by the review clause

The substances included are not intended to be prohibited or restricted, just to raise awareness

Mandatory due diligence for importers of 3TG minerals and metals into the EU

‘Global’ geographical scope

Obligations for EU importers consistent with the 5-step framework of the OECD Due Diligence Guidance (above annual threshold)

EU Recognition of supply chain due diligence schemes

Member States competent authorities ex-post checks

Development & maintenance of an EU list of global responsible smelters/refiners

Review clause

Conclusion of Trialogue Process (three meetings held to end May)

General ‘guarded’ support from EU businesses to date

Provisional agreement on: Use of OECD guidance Recognition of industry schemes Exemptions for SMEs ‘White list’ of smelters and refiners

Decision on date of entry into force

Development of a certification scheme, including accreditation of certification bodies (auditors)

Drafting of guidance on identification of conflict-affected and high-risk areas

Inventory reset Prioritization of active chemicals – low priority and high priority Risk evaluation of high priority chemicals – may result in risk management Preemption – new provisions New CBI (proprietary) requirements Testing Authority Fee Authority Limited EPA authority to regulate chemicals in articles, unless they can show

reasonable potential for exposure to the chemical substance through the article. Expect more article regulations as more data on chemicals is gathered.

Revises the scope of applicable labeling and information disclosure requirements Focusing on “electrical and electronic products” (EEP), not

“electronic information products” (EIP) (Art. 3(1)) EIP were associated with an “EIP list” which helped define the

scope of RoHS 1 for the labeling/information disclosure program

“Devices and accessory products with rated working electrical voltages of no more than 1500 volts direct current and 1000 volts alternating current which function by means of current or electromagnetic fields, and generate, transmit and measure such currents and electromagnetic fields.”

Compliance Management Catalogue – to be developed list of EEP Excludes power generation, transmission and distribution equipment Conformity assessment system Re-introduces the concept of packaging material compliance and standard

conformity requirements Primary responsibility for compliance is on the manufacturers and importers

of finished products, but doesn’t mean suppliers to the manufactuers are excluded

RoHS 1 tables should not be used for RoHS 2

Ask the Experts: Exploring New Developments with the REACH Regulation

Tuesday, June 28th, 1PM EST

Register today!www.assentcompliance.com/events