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The RoHS and EuP Directives - Latest Developments

The RoHS and EuP Directives - Latest Developments. presented by Steve Andrews UK BERR. The Restriction of Hazardous Substances (RoHS) Directive - EC Review and Other Developments. Background to the Review. Article 6 of the original Directive ‘Mandatory’ issues to be included: -

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The RoHS and EuP Directives - Latest Developments

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  1. The RoHS and EuP Directives- Latest Developments presented by Steve Andrews UK BERR

  2. The Restriction of Hazardous Substances (RoHS) Directive- EC Review and Other Developments

  3. Background to the Review • Article 6 of the original Directive • ‘Mandatory’ issues to be included: - - potential inclusion of WEEE Categories 8 and 9 in scope of RoHS - potential amendment to the list of substances, RoHS 6+

  4. Additional Issues • Relationship between WEEE and RoHS • WEEE derogations applying to RoHS – Annex 1B, military exemption, Article 2.1 • Other definitions – ‘putting on the market’, spare parts, EEE • Enforcement • Demonstration of Compliance • The Mechanism for the approval of Exemptions

  5. Two EC Consultation Papers • Published March & December 2007 • Attracted a range of responses (both within & outside Europe) from: – - EEE companies & trade associations - NGOs - Governments & Standardisation Bodies - Individuals

  6. Outcome • WEEE Categories 8 & 9 could be included, but..... • WEEE and RoHS should be separated • Need to clarify difference between REACH and RoHS • Exemption process needed to be overhauled • ‘Market surveillance’ provisions should be in text • Self-declaration & use of standards for compliance • Global RoHS

  7. Studies • ERA report on Categories 8 and 9, published September 2006 http://ec.europa.eu/environment/waste/pdf/era_study_final_report.pdf • ECB report on alternatives to Deca BDE – published January 2007 http://ecb.jrc.it/documents/Existing-Chemicals/Review_on_production_process_of_decaBDE.pdf • Arcadis (formerly Ecolas) – draft final report published December 2007 http://ec.europa.eu/enterprise/environment/reports_studies/studies/draft_rep_study_rohs_directive_dec07.pdf

  8. Timetable • Direct stakeholder exercises now complete • EC’s Impact Assessment due to be finalised & followed by inter Services Consultation – July to September 2008 • Publication of proposals – November 2008?, (TAC meeting scheduled for 24 November) • Negotiations in Council & Parliament – 2009 • New Directive coming into force – 2011/2012?

  9. Other RoHS Developments • ECJ Judgment on the Deca Decision – April 2008 • Review of existing exemptions • UK RoHS Enforcement

  10. ECJ quashes the exemption for Deca BDE • Mid-2006 - Denmark and the European Parliament bring case against EC to remove exemption for “Deca BDE in polymeric applications” • Claim of technical irregularities in the way the exemption was adopted in October 2005 • 1 April 2008 – judgment published by the European Court of Justice (ECJ) • 1 July 2008 – effective date for exemption annulment • No appeal

  11. Review of Existing Exemptions • Requirement of Article 5.1(c) of the Directive • October 2007 - EC appoint Öko-Institut and Fraunhofer IZM to study the current exemptions & assess a few new applications • January, May and August 2008 – Publication of three consultation exercises. Latest closes on 8 October • 30 October 2008 – Final report to EC due

  12. RoHS Enforcement - UK Activities • Over 250 investigations • Issue of more than 20 Improvement Plans • 10 Formal Compliance Notices Issued • 2 Cases Brought to Justice • End of First Year Report Published - www.rohs.gov.uk

  13. RoHS Enforcement - UK Experience • Investigations are usually complex • Due Diligence Always Needs Testing • Most Identified Breaches Tend to Result in Multiple Investigations • Industry is Generally Cooperative and Responsive • Investigations are often International • Value of Documentation

  14. RoHS Enforcement - EU Activities • UK aware of Investigation Activity and Positive Action in most Member States, (through EC RoHS Informal Network) • At least 8 Product Withdrawals Reported • Cross Border Co-operation on Enforcement

  15. The Ecodesign for Energy-using Products (EuP) Directive- Latest Developments

  16. Reminder – What’s the EuP Directive? It’s a frameworkDirective • …outlining the requirements which EuPs must meet before being placed on the EC market • …setting the eco-design parameters for energy-using products (EuPs) The framework will be applied to individual products through ‘Implementing Measures’ – probably EC Regulations

  17. EuP Scope • In PRINCIPLE, very wide! • Any energy using products… …except the means of transport Also covers partswhich are intended to be incorporated into energy-using products

  18. Implementing Measures can contain • The scope of products covered • Relevant application dates • Generic and specific design requirements • Measurement standards / methods • Conformity assessment procedures • Information requirements, (CE marking)

  19. What form will they take? • EC Directives – agreed at EU level and ‘transposed’ into national legislation • Commission Decisions – agreed at EU level and amend the framework Directive • EC Regulations – agreed at EU level and directly applicable as national legislation in each Member State Note – new ‘comitology’ provisions mean right of scrutiny for the European Parliament

  20. First preparatory studies Public (street) lighting Residential air conditioners Commercial refrigeration Motors, pumps, fans and circulators Solid fuel Boilers Laundry driers Vacuum cleaners Complex set top boxes Domestic lighting AND Standby Losses Boilers Water Heaters Personal Computers and monitors Imaging Equipment Televisions Domestic Refrigeration Washing Machines and Dishwashers Simple set-top boxes Battery chargers and external power supplies Office lighting

  21. Consultation Forum - update Eight meetings held to date: - • First (June 2007) – Public Street Lighting • Second (October 2007) – Standby proposals • Third (December 2007) – Office lighting, plus boilers and water heaters • Fourth (February 2008) – External power supplies, plus simple set top boxes

  22. Consultation Forum - update • Fifth (February 2008) – Boilers and water heaters again! • Sixth (March 2008) – General lighting equipment, (domestic lighting part one!) • Seventh (May 2008) – Fans, electric motors and pumps & circulators • Eighth (July 2008) – Water heaters

  23. Regulatory Committee • First meeting held on 7 July 2008 • Agreement amongst MSs on first IM • EC Regulation for the Standby and off mode electric power consumption for electrical and electronic household and office equipment • Similar (but narrower) scope than WEEE/RoHS • Text now goes to Council and European Parliament for scrutiny

  24. Regulatory Committee – IM Agreement Two phase introduction One year after Regulation has come into force - One Watt for ‘off mode’; One Watt for standby in reactivation mode; Two Watts for standby mode with information displays Four years after Regulation has come into force - O.5 Watt for ‘off mode’; O.5 Watt for standby in reactivation mode; One Watt for standby mode with information displays

  25. Commission Work Plan • Article 16 of framework - work plan due to established by July 2007 • Intended to set out an indicative list of product groups to be considered as priorities for IMs for the following 3 years • Draft Study published in December 2007 and contained 100+ products • Revised list of 10 areas discussed at workshop – 28 May 2008

  26. Commission Work Plan

  27. Timetable • First Meeting of European Parliament Committee – 10 September 2008 • Second Meeting of Regulatory Forum -scheduled for 26 September 2008 on tertiary lighting & simple set top boxes • Third Meeting of Regulatory Forum – scheduled for 17 October 2008 on external power supplies • Ninth Meeting of Consultation Forum – provisionally scheduled for September/October 2008 on Televisions

  28. EuP Implementing Measures – Adoption Process

  29. Websites for further information • Europa web pages –http://ec.europa.eu/energy/demand/legislation/eco_design_en.htm and http://ec.europa.eu/enterprise/eco_design/index_en.htm • BERR website - www.berr.gov.uk/sectors/sustainability

  30. Finally, an update on Scope • New proposals agreed as SCP package • The scope of the EuP framework to be extended to energy-related products! • These are any products having an impact on energy consumption during use

  31. Thank you! Steve Andrews Sustainable Development & Regulation Directorate Department for Business, Enterprise & Regulatory Reform 1 Victoria Street London SW1H 0ET United Kingdom Email - sustainability@berr.gsi.gov.uk Website - www.berr.gov.uk/sectors/sustainability

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