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

presented by Steve Andrews

UK BERR

The RoHS and EuP Directives

- Latest Developments

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: -

- potential inclusion of WEEE Categories 8 and 9 in scope of RoHS

- potential amendment to the list of substances, RoHS 6+

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

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

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

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

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?

Other RoHS Developments

ECJ Judgment on the Deca Decision – April 2008

Review of existing exemptions

UK RoHS Enforcement

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

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

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

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

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

The Ecodesign for Energy-using Products (EuP) Directive

- Latest Developments

Reminder – What’s the EuP Directive?

It’s a framework Directive

…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

EuP Scope

In PRINCIPLE, very wide!

Any energy using products…

…except the means of transport

Also covers parts which are intended to be incorporated into energy-using products

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)

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

First preparatory studiesBoilers

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

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

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

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

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

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

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

Commission Work Plan

Air conditioning systems and heat

pumps Machine Tools

Electric and fossil fuelled heating

equipment Refrigerating equipment

Food preparing equipment Sound and image processing machines and equipment

In house networking and data processing, storing and providing equipment

Transformers

Industrial and laboratory furnaces and ovens

Water-using equipment

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

EuP Implementing Measures – Adoption Process

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

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

Thank you!

Steve AndrewsSustainable Development & Regulation DirectorateDepartment for Business, Enterprise & Regulatory Reform1 Victoria StreetLondon SW1H 0ETUnited Kingdom

Email - [email protected]

Website - www.berr.gov.uk/sectors/sustainability