ICF Technical Exchange Conference

1. ICF Technical Exchange Conference CPIV/EDG Presentation Telfs-Buchen (Austria) 9/10 October 2005

2. Selection of Main EU Issues Affecting Crystal Glass • ROHS/WEEE • REACH • Climate Change and Energy • Other Environmental Issues: IPPC, Zinc etc. • Crystalline Silica • Occupational Exposure to Physical Agents • Further Health and Safety Issues: Boron, Food Contact • Other Issues: Trade Policy, Industrial Policy • Conclusions CPIV - EDG

3. 1. ROHS: Lead, Cadmium, Chromium VI • Directive on Waste of Electrical and Electronic Equipment (“WEEE”,2002/96/EC) and Restriction of Hazardous Substances in WEEE (“ROHS”, 2002/95/EC). • Under ROHS: complete phase-out of lead, cadmium, hexavalent chromium and mercury by 1/7/2006 in WEEE (but exemptions e.g. lead in CRTs, soon optical glass etc.). • LEAD in all crystal chandeliers, clocks, watches, lamps etc. as well as CADMIUM and CHROMIUMVI used for decoration in these articles to be completely banned as from 1 July 2006? • Commission to make proposals for further exemptions from the heavy metals ban. TAC (technical advisory committee, incl. national experts) to decide on exemptions by qualified majority. CPIV - EDG

4. 1. ROHS: Lead, Cadmium, Chromium VI • Situation: DG Environment omitted to consult the European Parliament (EP). EP Resolution. Previously adopted exemptions (first package) had to be resubmitted. Approval pending. • 2nd package (22 requests incl. our exemption): internet stakeholder consultation. EP reaction. Currently: re-examination of requests by a consultant (Ökopol, Fraunhofer), then resubmission of exemptions (foreseen by end 2005) by the Commission and TAC vote. • Industry lobbying. Meetings with DG Environment. “Voluntary” studies on lead (TNO) and cadmium/chromium submitted to the Commission. Questions from consultant received. • Lobbying to continue at EU, national level. Legal action? CPIV - EDG

5. 2. REACH • Regulation proposal at EParliament level. InternalMarket and Industry Committees voted 13/14 September for a simplification of the procedure with pre-registration and introducing a risk-based approach as well as “OSOR”. Environment Committee to vote early October. Plenary vote foreseen for mid-November. • Council:UK EU Presidency compromise proposal: simplification of registration procedure, OSOR, risk-based approach, exclusion of waste/recycling/ores… Political agreement on Common Position before year end? Next EU presidency: Austria. • CPIV insisted on impact on competitiveness (cost, bureaucracy…), risk of withdrawal of substances, treatment of recycling, confidentiality matters, etc. REACH alliance lobbying. Exclusion of “minerals”? Recent CPIV request for considering glass as a separate ‘thing’, neither a substance nor really a preparation. Other outstanding issues: substances in articles etc. CPIV - EDG

6. 3. Climate Change - Energy • EU Emissions Trading Scheme (ETS) entered into force. All national allocation plans adopted. Some disagreements and court cases (e.g. no growth potential). Dissatisfaction with monitoring/ reporting guidelines, accounting treatment of allowances, treatment of “small” installations… Trading: Few participants, allowance prices soared… • ETS review: inclusion of other sectors/gases- stakeholder consultation… Preparations for 2nd phase underway: possible problems with growth? Benchmarking/grandfathering. Preparations for post-2012 strategy. • Energy. Insufficiently liberalized electricity and gas markets (incl impact of emissions trading due to electricity “windfall” profits). High petrol/gas prices. CPIV lobbying (inclusion of additional sectors, role of glass to reduce energy use etc.). CPIV - EDG

7. 4. Other Environmental Issues • IPPC: Preparations for the revision of the glass BREF (Best Available Techniques Reference Document) to start mid-next year, and based on a ‘wish list’ (new data, new techniques, energy etc.). IPPC Directivereview (in effect 2012): Extension of the scope, encouragement to go “beyond” compliance, EU-wide limit values, better links with “overlapping directives etc. • Air pollution: NEC Directive, CAFE Programme, Thematic Strategies… • Zinc. Risk assessment strategy. Risk reduction strategy. Lobbying by CPIV (poor data, few concrete references…) against the classification of the glass industry as ‘sector where there is a risk’. • Antimonytrioxide: currently under scrutiny • Lead: VRAL, OEL, Water Framework Directive etc. CPIV - EDG

8. 5. Crystalline Silica • Background: 1997 IARC evaluation of crystalline silica as “human carcinogen”. June 2003: OEL of 0.05 mg/m³ recommended. 7 April 2004: consultation launched by EC to enlarge Carcinogens at Work Directive. Crystalline silica mentioned in the preamble. • Silica industry (IMA) Good Practice Document (GPD) to improve employee protection (guidelines) incl. task sheets. Silica Task Force (incl. CPIV) set up to explore the possibility of a voluntary Social Dialogue Agreement to formalize GPD. Against EU OEL to allow flexibility. • Contents: Control mechanisms on-site. Reporting to bipartite Monitoring Committee that will consolidate information received and report to national competent authority/EC. • Will apply to all signatories. Commission could make it binding for all non-signatories if ‘translated’ into a Directive! CPIV - EDG

9. 5. Crystalline Silica • Industries that have agreed to participate: silica, mines, aggregates, ceramics, cement, mineral wool, natural stones, concrete, foundries... Participation of the glass industry : so far only APFE, ESGA, FEVE, GEPVP. Not yet EDG/ICF. Agreement from trade-unions (EMCEF, EMF) to take part in negotiations. Reticence from construction. • Negotiations in steering group (political) and technical group. Plenary meetings. Kick-off meeting in May, further meeting in September. Next on 5 October. Special meeting to discuss on glass. Aim: to conclude discussion in March ‘06. Overall positive discussions so far. • Multisectoral social dialogue. Unique intiative to prevent EU legislation. To be considered on other issues? Pressure from trade-unions for an “institutionalized” social dialogue. CPIV - EDG

10. 6. Occupation Exposure to Physical Agents • Electromagneticfields: Directive adopted in 2004. 4 years for national transposition. Does apply to all sectors. Only short-term exposure as no sufficient scientific proof of cause-effect link in the long-term. Sets maximum exposure limit values and action values. Employers to evaluate the risk of workers. Action plan could be needed to decrease exposure-inform workers. Increased medical surveillance if there is reason to believe that worker exposure has exceeded limits. • OpticalRadiation: Directive proposed 2004. 2nd reading in EParliament this September. All non-natural radiation from 100 nm – 1mm (ultraviolet, visible, infrared, laser...) covered. Not solar radiation. Assessment of exposure by the employer. Measures to be taken to avoid/reduce risk. Limit values set. No action values. Subsidiarity introduced. Glass explicitly quoted . UNICE action. CPIV - EDG

11. 7. Consumer/Occupational Exposure: Boron • Framework: Dangerous Substances Directive, updated regularly. Proposals are made by a working group (CWG). On boron, the Commission has so far considered that no classification was necessary but has asked advice to a ‘Specialized Experts Working Group’. • January 2005: CWF decided to follow the advice of this group and to classify borates/boric acid as carcinogenic category 2 (may impair fertility, cause harm to the unborn child). Based on insufficient and biased evidence. The Commission has now to decide. • If boron is classified, mainly occupational exposure will be addressed (apparently no labelling obligations for consumer exposure). • Latest: DG Environment wants to stick to category 2 classification and to have exposure limit values. • Intensively lobbying by EBA (borates association) and downstream user industries (incl. CPIV). CPIV - EDG

12. 7. Consumer Exposure: Food Contact • Regulation on materials and articles in contact with food entered into force on 3/12/2004 . Provisions on traceability will apply as from 27/10/06. • Affects all materials and articles intended to come directly or indirectly and those which can be reasonably expected to be brought into contact with food. No specific measures for glass (unlike ceramics, plastic…). • Traceability must be guaranteed through labelling or documentation one step up and one step down in the process. Industry code of traceability practices for domestic glass (will include crystal glass) will be prepared. CPIV - EDG

13. 8. Other Issues: Trade, Industrial Policy • Trade/Market access: counterfeiting, tariff/non-tariff barriers to trade (US, Turkey etc.): input is essential! • Origin marking: mandatory origin marking to be introduced on imported non-EU lead crystal. • EU Industrial Policy: Communication issued by the Commission (enough ambitious?). High level group to be set up (including a major glass group representative). Follow-up to the January 2004 conference on the future of the glass and ceramics industry: action plan. CPIV - EDG

14. Conclusions • Many challenges ahead… European Challenges: 80% of national laws generate in EU legislation. • Early action is absolutely necessary – Industry tends sometimes to wait too long and to be reactive. “Pro-activeness” is needed! • We ask the Commission to continue their support to our industry and to fight the “anti-industry” image. Message: In order to compete with the world, Europe needs a strong industrial base and our industry, even small, is and should be part of it. Industry is what has made Europe prosper over the centuries. Without industry no wealth, no “money”. Without this no better health and safety and no environment protection… • For industry there is also a need to work with/lobbyMEPs and at Council level: Austrian EU Presidency (1 Jan. - 30 June 2006), Finland, Germany etc. • Support to federations is essential! Only strong federations having sufficient means can lobby efficiently national/European/international institutions! CPIV - EDG

15. Thank you for your attention! CPIV - EDG