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Overview of EU environmental Overview of EU environmental legislationlegislation– Part II– Part II
EU Environmental Legislation2.VII.2008
Warsaw, Poland
““Business Support Programme for Bulgaria, Romania, Croatia and TurkeyBusiness Support Programme for Bulgaria, Romania, Croatia and Turkey””
BSP 2007/142-722
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 2
Hazardous Substances and Processes Development Control Access to information on the environment Where to find information
Workshop Workshop sschedulechedule - Part II - Part II
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Hazardous Substances and ProcessesHazardous Substances and Processes
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland 4
Hazardous Substances and ProcessesHazardous Substances and Processes
1907/2006/EC (REACH) 2002/95/EC (RoHS) 96/61/EC and 2008/1/EC IPPC Directives 2006/66/EC: Batteries Directive 2000/33/EC CPL Directive
Main legislationMain legislation
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1907/2006/EC (REACH)
Directive 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
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What is REACH ?REACH is a new European Community Regulation on chemicals
and their safe use. It deals with the Registration, Evaluation, Authorisation and Restriction of Chemical substances.
The new law entered into force on 1 June 2007.
EC 1907/2006 (REACH)
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REACH will replace 40 existing legal acts and create a single system for all chemical substances. REACH will require from manufacturers and importers to gather comprehensive information on properties of their substances produced or imported in volumes over 1 tone per year and to submit the necessary information to demonstrate their safe use in a registration dossier to the European chemicals agency. Failure to register will mean the substance cannot be manufactured or imported to the EU market.
EC 1907/2006 (REACH)
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REACH – main requirement: “no data, no market”
Under REACH companies must pre-register most of their chemical substances in a period since 1 June to 1 December 2008 . If a manufacturer or importer of a chemical fails to pre-register by 1 December 2008 he cannot continue manufacturing or importing it until he has submitted a full REACH registration dossier. Users of chemicals cannot continue using substances which have not been pre-registered or registered by their supplier.
EC 1907/2006 (REACH)
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Directive 2002/95/EC (RoHS)
DirectiveDirective 2002/95/EC on the restriction on the use of certain 2002/95/EC on the restriction on the use of certain Hazardous Substances in Electrical and Electronic EquipmentHazardous Substances in Electrical and Electronic Equipment
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DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
From 1st July 2006, any new equipment manufactured by Company must not contain a variety of dangerous substances, including lead, hexavalent chromium, mercury, cadmium and certain brominated flame retardants
Article 4. Point 1 of the RoHS Directive specifies: Member States shall ensure that, from 1 July 2006, new
electrical and electronic equipment put on the market does not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE).
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Maximum concentration values for impurity levels of the banned substances:•Article 5(1)(a), a maximum concentration value of 0.1% by weight in homogeneous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDE) and of 0.01% weight in homogeneous materials for cadmium shall be tolerated.
DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
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DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
RoHS: Who does it concern?RoHS: Who does it concern?
All producers who put an EEE product on the market in EU:
Manufactures and sellers under own brandResellers under his own brand Importerss or exporters into a Member State
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DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
(1) Large household appliances (2) Small household appliances (3) IT & Telecommunication equipment (4) Consumer equipment (5) Lighting equipment
Light bulbs and luminaires (6) Electrical and electronic tools (7) Toys, leisure & sports (8) Medical equipment systems (with the
exception of all implanted and infected products) (9) Monitoring and control instruments (10) Automatic dispensers
RoHS Product categoriesRoHS Product categories
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DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
ExemptionsExemptions
Mercury in compact fluorescent lamps not exceeding 5 mg per lamp.
Mercury in straight fluorescent lamps for general purposes not exceeding: halophosphate 10 mg, triphosphate with normal lifetime 5 mg, triphosphate with long lifetime 8 mg.
Mercury in straight fluorescent lamps for special purposes. Mercury in other lamps not specifically mentioned in this
Appendix. Lead in glass of cathode ray tubes, electronic components and
fluorescent tubes. And many others exemptions
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DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
RoHS - not only in EuropeRoHS - not only in Europe
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DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
RoHS Problem AreasRoHS Problem Areas
Scope – the same problem as with the WEEE Directive Maximum Concentration Values Standards - How can industry demonstrate compliance? Side effects – some products (military & aerospace) not
covered, but availability of leaded parts will drop Technological problems – e.g. higher soldering
temperatures
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DirectiveDirective 2002/95/EC 2002/95/EC (RoHS)(RoHS)
RoHS – updateRoHS – updatess
The first Commission Decision, extending the list of exempted applications in the Annex to the RoHS Directive has been published (13/10 2005).
This permits the use of Deca-BDE in polymeric applications and lead in lead-bronze bearing shells and bushes.
• A further tens requests are currently subject to a consultation. The consultation can be found here;
• http://europa.eu.int/comm/environment/waste/weee_index.htm
The study on bringing category 8 and 9 products (medical, monitoring equipment etc) into the scope of RoHS is underway. If it is decided to go ahead and change the Directive to include these products you should expect a final deadline for compliance of approximately 2012.
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Challenges for Companies to Be ComplyChallenges for Companies to Be Comply
Many different RoHS-like regulations have to be considered
Reviews/amendments of actual regulations (e.g. EU RoHS) with new exemptions or cancelation of allowed exemptions (example Deca-BDE) are carried out
Declaration “RoHS conform” has to be proved continuously
Time and cost expensive interviews of suppliers are continuously necessary
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The transition to lead-free - The transition to lead-free - tthe RoHS he RoHS implications on businessimplications on business
Developmentand design
PCBproduct-ion
Sub-assemblyproduction
Sub-assemblyQA
Sub-assemblyrepair work
PCBQA
PCBmaterialspurchasing
PCB purchasingfromcomponentmanufacturers
- OEM purchasing -people responsiblefor outsourcing
- Know and select lead-free components (thermal stability)- Adjust design
- Adapt production process to halogen- free laminates- suitable surfaces- new acceptance criteria
- halogen-free laminates for higher thermal stability- lead-free materials for surfaces
- Buy halogen-free/lead-free PCBs- Staff training- andere Lagerbedingungen?
- Selection of lead-free solders- Adjusting soldering technology- Running trials- Checking and testing soldering equipment- Modifying the acceptance criteria- Adjusting repair technology- Double storage/adapting logistics- Questions of identification for
solders/material?
- Select solder for job categories- Identification markings for recycling- Question of equipment reliability
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Purchasing What has to be done NOW: What has to be done NOW:
Availability of products:Availability of products:- without banned substances according to RoHS- without banned substances according to RoHS- new bills of materials- new bills of materials- new materials sourcing - new materials sourcing - re-issue of packaging, instructions and warranties- re-issue of packaging, instructions and warranties
Certification of all materials:Certification of all materials:- ensures traceability for audit- ensures traceability for audit- awareness of materials used- awareness of materials used- awareness of shelf life data- awareness of shelf life data
Traceability of componentsTraceability of components Recycling data – any special requirementsRecycling data – any special requirements OthersOthers
TThe RoHS implications on businesshe RoHS implications on business
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Quality - Quality - What has to be done:What has to be done:
Certification of all materials:Certification of all materials:- ensures traceability for audit- ensures traceability for audit- awareness of materials used- awareness of materials used- awareness of shelf life data- awareness of shelf life data
Traceability of componentsTraceability of components Recycling data – any special requirements + packaging specsRecycling data – any special requirements + packaging specs Quality standards and workmanship standardsQuality standards and workmanship standards Manufacturing proceduresManufacturing procedures Identification of materials and assemblies according to RoHSIdentification of materials and assemblies according to RoHS
TThe RoHS implications on businesshe RoHS implications on business
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Design - Design - What has to be done:What has to be done:
Redesign of product:Redesign of product:- due to availability of materials- due to availability of materials- due to manufacturing processes- due to manufacturing processes- due to recycling legislation- due to recycling legislation- due to identification issues- due to identification issues- marketing- marketing- others- others
TThe RoHS implications on businesshe RoHS implications on business
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Production - Production - What has to be done:What has to be done:
Audit of production equipmentAudit of production equipment Application for budget approvalsApplication for budget approvals Selection of materials Selection of materials Production procedures with new requirementsProduction procedures with new requirements Interim solutions with Pb elementsInterim solutions with Pb elements OthersOthers
TThe RoHS implications on businesshe RoHS implications on business
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96/61/EC IPPC Directive Industrial Pollution Prevention and Control Directive
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Directive on IPPC 96/61/ECDirective on IPPC 96/61/EC
Framework piece of legislation Activities listed in Annex I of the Directive are required to
obtain IPPC licence, i.e. one licence dealing with emissions to all media
Licensing procedure is laid down in the Directive and fees are similarly prescribed
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Directive on IPPC 96/61/EC Directive on IPPC 96/61/EC ((continuedcontinued))
The European IPPC Bureau has drafted “BREF Guidance Notes” for different sectors of industry
Relevant agency applies standards of BAT (Best Available Technology)
Higher standard of BAT will generally apply to new industries (as opposed to existing activities)
One of the conditions of the licence is the necessity to operate an environmental management programme (EMP) and publish an annual environmental report
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Directive on IPPC 96/61/EC Directive on IPPC 96/61/EC ((continuedcontinued))
Commission takes steps to cut industrial emissions further
On 21 December 2007 the Commission adopted a Proposal for a Directive on industrial emissions.
The IPPC Directive has recently been codified (Directive 2008/1/EC) of the European Parliament and of the Council of 15 January 2008
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Directive 2006/66/EC: Batteries
DIRECTIVE 2006/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 September 2006on batteries and accumulators and waste batteries and
accumulators and repealing Directive91/157/EEC
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Directive Directive 2006/66/EC2006/66/EC: Batteries : Batteries
Prohibits the placing on the market of certain batteries and accumulators.
It promotes a high rate of collection and recycling of waste batteries and accumulators
Promote and maximise separate waste collections. Marking of batteries with heavy metal content.
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Directive Directive 2006/66/EC2006/66/EC: Batteries : Batteries
Some requirements:
Collection rates of at least 25% and 45% have to be reached by 26 September 2012 and 26 September 2016 respectively.
Recycling must exclude energy recovery All producers of batteries and accumulators have to be
registered. The Member States must send the Commission reports on
the implementation of the Directive
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CPL Directive 2000/33/ECCPL Directive 2000/33/EC
Codify in one single document the law on CPL of dangerous substances
Manufacturers of new substances must supply a notification dossier to the competent body
Suppliers must put warning labels on containers, including R&S phrases
Manufacturers/suppliers must provide 16 point safety data sheets
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Development Control
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Main LegislationMain Legislation
Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on
the assessment of the effects of certain plans and programmes on the environment
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Directive 2001/42/ECDirective 2001/42/EC - - Strategic Environmental AssessmentStrategic Environmental Assessment
The objective of this Directive is to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development, by ensuring that, in accordance with this Directive, an environmental assessment is carried out of certain plans and programmes which are likely to have significant effects on the environment.
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Applies to ‘plans’ and programme in transport - water resource managementenergy - industrywaste management - telecommunications tourism
Directive 2001/42/ECDirective 2001/42/EC - - Strategic Environmental AssessmentStrategic Environmental Assessment
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Environmental Impact AssessmentEnvironmental Impact Assessment
What is Environmental Impact Assessment (EIA)?Environmental Impact Assessment (EIA) is a procedure for:
systematic examination of the likely effects on the environment of a proposed development
ensuring that adequate consideration is given to any likely effects
avoiding, reducing or offsetting any significant adverse effects
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Environmental Impact AssessmentEnvironmental Impact Assessment
Examine the Impacts on the Environment
Proposed Development
Significant likely adverse impacts
Propose mitigationmeasures
Incorporate revisions into design
Positive, residual or no impacts
Finalise design
Apply for developmentconsent
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Environmental Impact AssessmentEnvironmental Impact Assessment Structure of an EISStructure of an EIS
Human beings Flora Fauna Soils Water Air
Climate The landscape The interaction of the
foregoing Material assets Cultural heritage
The existing environment and the impacts of the development are explained by reference to it’s likely impact on the following:
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DIRECTIVE 2003/4/ECDIRECTIVE 2003/4/EC - - on public access to environmental information
DIRECTIVE 2003/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 28 January 2003on public access to environmental information and
repealing Council Directive 90/313/EEC
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DIRECTIVE 2003/4/ECDIRECTIVE 2003/4/EC - - on public access to environmental
information
Implements Articles 4 , 5 and 9.1 of the Aarhus Convention
Covers both ‘passive’ (upon request) and ‘active’ (dissemination of env. information) disclosure of env. information held by public authorities
‘Public authority’?– government authorities at all levels: national, regional and local authorities, even private non-governmental bodies that serve public functions or provide public services (i.e. supplying drinking water), whether or not they have specific responsibilities for the environment.
‘Environmental information’? any information, on any material form, on the state of the environment and its components, or referring to measures, policies, legislation, plans and programmes, data used in economic analyses, the state of human health and safety which might be affected by the state of environment.
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DIRECTIVE 2003/4/ECDIRECTIVE 2003/4/EC - - on public access to environmental
information
Active dissemination of env. Information
Public authorities are obliged to organise and disseminate environmental information, tell the public what kind of environmental information they have, promote public environmental awareness, inform about how to access information, how to participate in environmental decision-making and about access to justice.
Member States should ensure that environmental information increasingly becomes available in electronic databases easily accessible to the public.
Member States are obliged to publish and disseminate a national report on the state of and pressures on the environment every three or four years or less.
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DIRECTIVE 2003/4/ECDIRECTIVE 2003/4/EC - - on public access to environmental
information
Progress as compared to earlier Directive 90/313/EC on the freedom of access to information on the environment
It is conceived as a general right (not only for EU citizens)
More detailed definition of public authorities
Wider and more explicit definition of environmental information (e.g. biodiversity, GMOs)
Shorter deadline for answering requests
Improved ‘openness’ active dissemination policy : more precise grounds for non disclosure of information
Two types of review procedures have been granted
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Where to find informationWhere to find information??
EC websides: http://ec.europa.eu/ http://ec.europa.eu/environment/index_en.htm http://europa.eu.int/eur-lex in all languages of the EU.
Governmental websites Domestic or other countries
http://www.google.com
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