1 overview of eu environmental legislation– part ii eu environmental legislation 2.vii.2008...

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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


Hazardous Substances and ProcessesHazardous Substances and Processes


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


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)


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)


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)


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)


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


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).


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.




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



(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



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



RoHS - not only in EuropeRoHS - not only in Europe



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



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.


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


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


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


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



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



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



96/61/EC IPPC Directive Industrial Pollution Prevention and Control Directive


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


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


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


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


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.


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


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


Development Control


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


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.


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


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


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


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:


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


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.



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.



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


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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