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Wednesday, 18 April 2018
ACEA WG Materials & Substances Projects and Initiatives
CLEPA MATERIAL REGULATION EVENT 2018
STUTTGART, 18. – 19.4.2018
Timo Unger
CONTENT
• GRMS2 – Global Regulatory Monitoring System of Chemical Substances
• Material Compliance vs. Competition law • ACEA Best Practice for the Use of Sustainable Chemicals in
the Automotive Industry • Material Disclosure vs. Circular Economy
2
Wednesday, 18 April 2018
GRMS2
Global Regulatory Monitoring System of Chemical Substances
CHEMICAL COMPLIANCE & AUTOMOTIVE INDUSTRY
4
In case of chemical non-compliance:
o Compliance issues in other regulations o Disruption of supply chain o Performance/ Quality issues
• Today, the Automotive Industry is facing the challenge of: o Regaining trust and
o Pressure to comply with increasing rigorous legislations, regulations & standards
o Vehicle recall, stop of production o Penalties o Brand reputation o Damaging consumer confidence
• No reliable, complete and tailored overview about chemical (draft) legislation
GLOBAL REGULATORY MONITORING PROJECT
5
• Develop a common & solid processes for monitoring global SOCs requirements: o Advocacy: influence legislative development before regulations are enforced (Drafts) o Assessment: define impact on Automotive Industry business o Act: implement countermeasures & ensure compliant products.
Which regulations apply to the (Auto-) sector and how are relevant substances regulated?
WHERE WE ARE NOW
6
• Start of development: Nov 2017 • GRMS² Beta will be online: ~April '18 • Service provider: The Yordas Group (TYG) (former: The Reach Center, UK)
System development
Kick-off
Dec 17
GRMS² live
~ August 2018 GRMS² Beta ~ April 2018
Project specification Feb 2018 2 ~ 4 month
Test phase & Software
amendments
PROJECT DETAILS – IMPACT ASSESSMENT
7
• Impact assessments on global legislations
1st Impact Assessment by TYG
DATABASE
Fact Sheet
YES
Exclusion list NO
* Questionnaire is a list of questions, made available to TYG (next page)
New/Updated Legislation ACEA Information |
2nd Impact Assessment by ACEA OEMs / additional GRMS2 Users
GRMS2
Questionnaire* & Substance Lists: - IMDS BSL - Process Chemicals
List (PCL)
Sources for the impact assessment
The PCL can be expanded with input of
non-ACEA members (other GRMS2 Users)
REGIONAL COVERAGE OF GRMS2
New, draft & updated legislations
Existing, new, draft & updated legislations
Not in scope
9
Content (Mother- & Sub law) FACT SHEET
Mot
her l
aw
Que
stio
nnai
re
Sub
law
Q
uest
ionn
aire
• Objective • Summary • Impact on:
- manufacture - imports - spare parts - specific exemption
• Horizon scanning • Key provision • Expected amendments • Threshold
+ Key facts (tbc): Last update Geographical area Country/State Legal status Relevant institution Relevant / not relevant Sectoral scope Effected substances
(CAS#) ...
Impact assessment by SP: Fact Sheet
Filter
GRMS² DEMONSTRATOR
10
• Mock-up - First impressions
Sub Law fact sheet
Mother Law fact sheet
Filter & search
GRMS2 LICENSES
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• Automotive stakeholders have the possibility to get GRMS² licenses
• Service agreement (sub-contract) to be signed between ACEA & the user company
Scenarios Annual Cost/ €
1 user 4,000
10 users 8,000
50 users* (incl. 1 Editor) 16,000
100 users* (incl. 1 Editor) 25,000 * Self administration of company users
User type function:
Interested?
Wednesday, 18 April 2018
ACEA Best Practice for the Use of Sustainable Chemicals in the Automotive Industry
DESCRIPTION OF THE CURRENT CHALLANGE
NMP NEP
PFOS PFOA
13
EXAMPLE: FLAME RETARDANTS
e.g. TBBPA Under legal scrutiny due to ED* properties * Endocrine Disrupting
14
DecaBDE
e.g. Deca-BDEthane
(DBDPE, EBP)
EU REACH: •Substance added to PACT hazard assessment list in 2015 due
to PBT properties (Persistent) •Substance also proposed to be classified as PBT under EU CLP
Regulation
ACEA members will finish phase out in serial production by mid 2018
HBCD
Penta / Octa BDE
Developments already started several years ago
Already phased out since almost two decades
Phased out started in ~2010-2012 and finished in ~2016
The typical timeline for a re-development and re-validation: 3-5 years
ACEA BEST PRACTICE FOR THE USE OF SUSTAINABLE CHEMICALS IN THE AUTOMOTIVE INDUSTRY
15
• A new process facilitates communication about the substance fate between the chemicals industry and the automotive customer
• Note: o This is not a process to
prohibit substances, materials or manufacturers
o It is “only” a trigger for communication (if all criteria are not fulfilled)
ACEA BEST PRACTICE FOR THE USE OF SUSTAINABLE CHEMICALS IN THE AUTOMOTIVE INDUSTRY
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Proposed Criteria: Sustainable chemicals used in the Automotive Industry should…
• …have a complete registration and toxicological-profile according to regulatory request. Relevant data gaps (e.g. no testing on the substitute) should be highlighted o Substance/Substitute should not have same or similar adverse effects like the original substance
Assessment results are needed, whether the substitute has the same hazard/toxicological profile (classification by analogy approaches or QSAR is possible) and verification by testing.
o Substance/Substitute should be “less hazardous” than the original substance (to be defined case by case), see Annex 1 for a ranking proposal
• …have a listing in all mandatory global chemical inventories (e.g. TSCA, IECSC, KECI, ENCS, PICCS…), see Annex 2 for more information). o If not, the producer will inform about known potential duties as importer or to the importer with relevant data.
• … not be already prohibited/restricted or intended to be prohibited/restricted for its automotive use or not be listed on GADSL/GLAPS. o Note: They still can be regarded as sustainable if the properties don’t meet the SVHC criteria and are not expected to meet them because all
relevant test data according OECD guidelines are available (Klimisch 1 and/or 2).
• …be available or have the potential to be made available in amounts sufficient to supply customers’ needs • …fulfil typical technical and supply related customer requirements
ANNEX 1
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Annex 1.1 Ranking of health hazard groups from group A (highest hazard) to group F (lowest hazard)
Annex 1.1 Ranking of health hazard groups from group A (highest hazard) to group F (lowest hazard)
Hazard group1 H-phrases according to GHS/CLP, grouped by exposure route/effects
A1 - “CMR”
(highest hazard) All routes and effects: H340, H350, H360, H362
A2 – “CMR” (lower hazard) All routes and effects: H341, H351, H361
B1 – “Very toxic” (including target organ toxicity repeated exposure)
Dermal: H310
Inhalation: H330, EUH032
Oral: H300
All routes: H370 H372
B2 – “Toxic” (including target organ toxicity single exposure)
Dermal: H311
Inhalation: H331, EUH029, EUH031
Oral: H301
All routes: H371 H373, EUH070
C – “Sensitizer” H334, H317
D – “Corrosive” All routes and effects: H314, H318, EUH071 H315, H319
E – “Harmful”
Dermal: H312,
Inhalation: H332, H335, EUH066
Oral: H302, H304
F – “Maybe harmful”
(lowest hazard)2
Dermal: H313, H316, H320
Inhalation: H333
Oral: H303, H305
Annex 1.2 Ranking of environmental hazard groups, from group A highest hazard to D lowest hazard
Hazard group1 H-phrases according to GHS/CLP, grouped by exposure route/effects
A1 Aquatic acute toxicity Category 1,
“Very toxic to aquatic life”
H400 (M-factor > 1); respectively in other legal areas H401 H402
A2 H400 (M-factor = 1); respectively in other legal areas H401 H402
B1 Aquatic chronic toxicity Category 1,
“Very toxic to aquatic life with long lasting effects”
H410 (M-factor > 1); highly persistence and bioaccumulative
B2 H410 (M.factor = 1)
C Aquatic chronic toxicity
“ Toxic to aquatic life with long lasting effects”
H411 H412
D Chronic category 4’ (‘Safety net’ classification)
May cause long lasting harmful effects to aquatic life
H413
Annex 1.3 Ranking of physical hazard groups, ranking only within a row from highest to lower hazard3
Hazard group1 H-phrases according to GHS/CLP, grouped by effects
A Explosives H200 H201 H202 H203 H204 H205,
H230 H231
B Self-ignitable and self-reactive H250 H251 H252, H260 H261
C Chemically unstable gases
H230 H231
D Oxidizer H270 H271 H272
E Flammable liquids H224 H225 H226
F Gases under pressure and Aerosols
H220 H221, H222 H229 H223 H229 H229
G Metal corrosive H290
1 Order of priority: - from high hazard to lower hazard in direction of bottom down within a column - from high hazard to lower hazard in direction from left to right within a row 2 GHS categories only 3 in special cases physical hazards should be taken into account too depending on the use – this has to be decide case-by-case.
ANNEX 2
18
Annex 2: list of active global chemical inventories (not exhaustive, status 28.11.2017) legal area Inventory name4 mandatory
(Y/N) Remark
EU/EAA EINECS/NLP/ELINCS/REACH Y excluding polymers
USA TSCA Y including polymers
CANADA DSL Y
MEXICO INSQ N
PHILIPPINES PICCS Y
CHINA IECSC Y including polymers
KOREA KECI Y
KOREA K-REACH, phase-in substance Y Korean REACH
JAPAN ENCS Y
JAPAN ISHL Y
MALAYSIA EHSRL N
TAIWAN TCSI Y
VIETNAM VNECI N
TURKEY KKDIK N
NEW ZEALAND NZIOC Y
AUSTRALIA AICS Y
RUSSIA RPOHV N Russia REACH
TURKEY KKDIK N Turkey REACH
4 according to official CAS-Online (data base segment CHEMLIST)
Abbreviations
TSCA Toxic Substances Control Act
REACH Registration, Evaluation, Authorisation and Restriction of Chemicals
EINECS European Inventory of Existing Chemical Substances
ELINCS European List of Notified Chemical Substances
NLP No-Longer-Polymers-List
TCSI Taiwan Chemical Substance Inventory
DSL Domestic Substance List
INSQ National Inventory of Chemical Substances
PICCS Philippine Inventory of Chemicals and Chemical Substances
STATUS & REQUEST
19
• Process and criteria have been discussed and agreed between ACEA & BASF in Dec. 2017
• Presented at and appreciated by CEFIC VCO WG • Further chem. manufacturers signaled strong interest • First ACEA members have already started internal discussions to implement the
criteria into the 2018 revision of their supplier specs & contracts. • Request to Chemical Industry & to component suppliers:
o The broader the acceptance, the smaller the confusion
o Join the Club!
• To do: How to enable chem. manufacturers to directly communicate with OEMs? • Latest News:
o ECHA has published a substitution strategy
o One of the actions is to encourage MS and industry to organize substitution workshops where all actors on the supply chain would discuss how to find alternatives.
o Request to ACEA to organize such WS in the automotive sector…tbc
Wednesday, 18 April 2018
Substitutions
Material Compliance vs. Competition law
REACH TF INFORMATION LETTERS TO SUPPLIERS 1. ON THE PHASE OUT OF DECA BDE
See http://www.acea.be/uploads/publications/20160704_Information_Letter_to_Suppliers_on_DecaBDE.pdf
2. ON REACH RESTRICTION FOR PFOA See http://www.acea.be/uploads/publications/20160704_INFORMATION_LETTER_TO_SUPPLIERS_ON_PFOA.pdf
3. ON REGULATORY ADVICE ON TDCP See http://www.acea.be/uploads/publications/Information_letter_to_suppliers_on_TDCP_phase_out_from_REACH_TF_experts.pdf
Recommendation: If you are still using automotive parts that contain one of the above substances carefully evaluate these uses and contact your customer as soon as possible to understand their requirements
Additional ACEA action: Discussion started with EC on the issue of Industry wide substance ban vs. competition law
21
CROSS COMPANY SUBSTANCE PHASE OUTS VS. COMPETITION LAW
22
• Global legislators are expecting industries to agree on a common phase out date for hazardous substances o Globally (e.g. Stockholm Convention) o Regionally (e.g. REACH Restrictions)
• This requires industry to start discussions and probably to even agree on and publish decisions
• At the same time the overall rules of competition law must be respected o Do not discuss or exchange the following information (extract):
… Individual company data regarding costs, production, investments, capacity, inventories, sales, orders or profits Individual company plans regarding the development, design, production, distribution or marketing of particular
products Matters relating to actual or potential competitors, suppliers, distributors or customers that might have the effect
of excluding them from any market…
Q: Are we allowed to discuss what legislators are expecting us to discuss?
RELATED ACEA ACTIONS
23
• Discussions with OEM legal dept. did not result in a clear direction • Issue has been presented to EC (DG Growth & DG Environment)
o Have heard of it for the first time o DG Env. promised to follow up internally and provide feedback o DG Growth recommended to approach DG Competition
• Meeting with DG Comp on May 16
Wednesday, 18 April 2018
Material Disclosure vs. Circular Economy
An Automotive Perspective & Recommendation
SECRET OF SUCCESS
26
• Factors that enabled the Automotive Industry to implement IMDS o Very homogenous industry (limited number of global vehicle manufacturers) o Very similar quality standards across all vehicle manufacturers o Material compliance is mainly considered a non-competitive business area
Very open and good cooperation (Challenge: Competition law…)
o Early legal requirements (ELV Directive - Heavy Metal Ban in 2003) o Large influence in AND good cooperation with global supply chain o High longevity of our products
It takes up 6 month to get a full reporting for a complex component (e.g. Instrument Panel)
MAIN CHALLENGES FOR OTHER SECTORS
27
• Most sectors are more heterogeneous than the Auto Industry o More end-product manufacturers o Different quality standards o Less cooperation o Legal requirements started late (with REACH!?) o Very few influence in / cooperation with supply chain
The more harmonized a sector is, the more efficiently it can implement such a system!
THE CHALLENGE - UNDERESTIMATION
28
• Most stakeholders completely underestimate the complexity and overestimate the feasibility of development, maintenance and usage of a SiA reporting tool.
• It is pretty easy for industry to know and disclose their article compositions
POSSIBLE OUTLOOK INTO THE SIA FUTURE
29
• Our guess: On a mid term, there will be obligations for a Full Material Disclosure (FMD) o Note: There are many different interpretations and possibilities of FMD!
• It probably is only a question of time, until others will define the standards for an SiA (FMD) information scheme, e.g. o DG Env Study "Tools for tracking of and communication on SVHC in articles ” o Study for the strategy for a non-toxic environment of the 7th EAP -> Sub-Study b: Chemicals in products and non-toxic material cycles o UN Chemicals in Products (CiP) Program
Recommendation: see industry extract document: http://wedocs.unep.org/bitstream/handle/20.500.11822/21228/CiPProgramme_ Industry%20Extract_FINAL.pdf?sequence=1&isAllowed=y
• This may lead to a situation
where potential advantages of such an implementation will disappear:
RECOMMENDATION TO INDUSTRY
30
• All of industry may start with a pro-active initiative on the development of A. common data structure standards B. a common level of data details C. common data quality standards D. common data security standards
• The more harmonized within a sector, the more individual industries and the sooner… The better !
• Sector / market leaders have to set the scene… others will (have to) follow • Main obstacle:
How to convince the company management(s) to invest money – in order to save money?
• Current discussion at UN Environment o To issue a study on the quantitative and qualitative advantages for companies / industries of having a CiP tool.
Details currently under discussion (scope and budget)
Major prerequisites for a cross-sector data exchange !
CIRCULAR ECONOMY – CHEMICALS VS. WASTE
• There is an increasing number of legislation looking at SiA* information o Circular Economy / Plastics Strategy, o Non-toxic Environment strategy, o Stockholm / Basel Convention, …
• Furthermore the expectations from recyclers, consumers and governments on industry to know and disclose SiA information is drastically increasing: o UNEA 3 Resolution on the environment & health o Canadian Environmental Protection Act (CEPA) o California Prop 65 o EU REACH Restrictions, Art 33, Art 7.2... o EU BPR (Treated Articles Obligations) o Amendment of the waste directive 2008/98/EC
>> Proposal for a ECHA Art 33.1 database
* SiA: Substances in Articles
CIRCULAR ECONOMY – CHEMICALS VS. WASTE
32
• An SiA information tool can be one part of a broader solution to achieve a circular economy …. but….
• … Incomplete understanding of industrial realities and technical feasibilities results in wrong conclusions and expectations:
32
There is a misleading discussion started on the dismantling of products containing POPs, SVHC, rare earth …
DETOXIFICATION VIA SUBSTITUTION
33
AVOID CRITICAL SUBSTANCES IN WASTE - THE CHALLENGE OF RETROSPECTIVITY
34
• Very often, the promoted “golden solution” is to “simply” avoid the usage of hazardous chemicals from the stage of the product development, but it is ignoring o Performance (e.g. fuel consumption), hazard vs. risk and overall feasibility
• Challenge:
• A substance that is not hazardous/toxic today may be considered hazardous in 10-20 years (when the product becomes waste.... (e.g. DecaBDE, …))
A complete avoidance of hazardous substance (= avoidance of hazardous waste) is impossible especially for durable products!
Time!
DETOXIFICATION VIA DISMANTLING
35
DETOXIFICATION OF THE WASTE STREAM FEASIBILITIES OF DISMANTLING
36
Environmental Feasibility: - Comprehensive dismantling is not
necessarily the best option for environmental protection and might have ecological disadvantages in comparison to PST*
Independently reviewed Life Cycle Assessment Study according to ISO14040: Krinke S, et al (2005): Life Cycle Assessment of the Volkswagen-Sicon Process. SETAC Europe Conference Lille 23rd May 2005
* Post Shredder Technology: Technical separation of materials / substances after the shredder process
Technical Feasibility: - Possible DecaBDE applications were
widely distributed in vehicles - Passenger compartment - Wires and cables (Shrink tubes): - Heating, ventilation, air conditioning system - Fuel circuit (pipes, tank)
Complete dismantling is technically not feasible!
DETOXIFICATION OF THE WASTE STREAM FEASIBILITIES OF DISMANTLING
37
Logistical Feasibility:
- One vehicle type usually is available in 1000 - 2000 different variations with millions of different parts-, materials-, substances- combinations
- Under consideration of skills, education, tools and information overload…..: What information is to be provided to the worker to distinguish between clean and unclean components?
STUDY ON COMPREHENSIVE DISMANTLING OF ELVS
38
Overall feasibility: ACEA recently launched a study on potential effects for the ELV waste management as a result of the decisions of the Stockholm Convention on Deca-BDE and its implications for the Basel Convention
o effectiveness and limits of comprehensive dismantling to purify automotive shredder residues for material recycling
o financial, technical and capacity issues (incl. skill and education in the waste sector) o technical and socio-economic aspects o logistical implications (transport to suitable incineration facilities etc.) o treatment and destruction technologies , o …
Factual and logical approach to the current discussions on dismantling
THE CHALLENGE OF OVER-SIMPLIFICATION
39
How to achieve a circular economy?: • Don´t over-simplify - There is no golden “one-fits-all” solution:
• For complex & durable products o Dismantling is no / only a very limited
option o Fully avoiding hazardous waste is a
major goal but impossible o Knowing the substance composition
is a good foundation but …
CONCLUSION
40
• After o 18 years of experience and data for substances in automotive articles (IMDS, GADSL) & o 18 years of experience in the recycling of vehicles (ELV directive 2000/53/EC)
we have a very good understanding of what is possible and what is not…. • Dismantling is no / only a very limited option to achieve a circular economy
o There is no one-fits-all solution (Complexity and Longevity of products make a difference)
o New ACEA study in progress
• Usefulness of detailed product information for the waste sector is highly questionable • Industry in total is well advised to align and speed up to develop a common SiA strategy • It needs time until a useful outcome is realistic • Using an SiA tool brings many economical & ecological advantages (costs savings!) • A solution will only be successful if it is fully accepted and supported by industry • Highest negative impact on Chemical Industry (Too many different formats)
Thank you for your attention www.acea.be @acea_eu
