HEAVY METALS RESTRICTIONS OF EU ELV DIRECTIVE. STATUS OF ACTUAL ANNEX II REVISIONS.

Department, date

R. Hoock, BMW Group on behalf of ACEA /Joint Associations Industry Expert Groups Heavy Metals

CLEPA Material Regulation Conference 2017, 17. May 2017, Reutlingen

HEAVY METALS RESTRICTIONS OF EU ELV DIRECTIVE. STATUS OF ACTUAL ANNEX II REVISIONS.

Contents:

Introduction ELV directive

Status 8th Revision of Annex II

Next Revisions

Conclusion

Page 2Joint Industry Association Experts Groups Heavy Metals

Page 3

EUROPEAN END OF LIFE VEHICLES DIRECTIVE 2000/53 EC.MATERIAL RESTRICTIONS.

… Member States shall ensure that materials and

components of vehicles put on the market after

1 July 2003 do not contain lead, hexavalent

chromium, cadmium and mercury other than in

cases listed in Annex II under the conditions specified

therein;

§ 4.2

Joint Industry Association Experts Groups Heavy Metals

Page 4

…the Commission shall on a regular basis, according to technical and scientific progress, amend Annex II,

in order to:

(i) as necessary, establish maximum concentration values up to which the existence of the substances referred

to in subparagraph (a) in specific materials and components of vehicles shall be tolerated;

(ii) exempt certain materials and components of vehicles from the provisions of subparagraph (a) if the use of

these substances is unavoidable;

(iii) delete materials and components of vehicles from Annex II if the use of these substances is avoidable;

…

§ 4.2 (b)

EUROPEAN END OF LIFE VEHICLES DIRECTIVE 2000/53 EC.ARTICLE 4.2 MATERIAL RESTRICTIONS.

Joint Industry Association Experts Groups Heavy Metals

Page 5

REVIEWS ELV ANNEX II.

DEVELOPMENT SINCE YEAR 2000.

3. Revision2008/689/ EC

Aug.

2008

23

Directive 2000/53/ EC

Sept.

2000

13Amount of

Exemptions

Date

4. Revision 2010/115/ EU

Feb.

2010

31

8a -> 10 subentries

8a,c,d,e,f,g,h,

8b -> 8i, j

5. Revision2011/37 EU

March 2011

36

10 ->

10a,b,c,d

2. Revision2005/673/ EC

Sept.

2005

21

„repair as

produced“

principle

1. Revision2002/525/ EC

June

2002

22

background

concentration

levels considered

7. Revision

May

2016

37

8. Revision

Oct

2017 ?

?

2019 ?

9. Revision6. Revision2013/28 EU

May

2013

36

8i exp. date

revised

8f 8f (a)

8f(b)

8h end date

8j end date

10d end date

review for entries

8e, 8f(b) and 8(g)

(EU) 2016/774

Draft

21.3

2017

Trend: Split of entries, more application specific scope

Review

scheduled for

entries

8e,

8f(b)

8(g)

Joint Industry Association Experts Groups Heavy Metals

Page 6

8TH REVISION OF ELV ANNEX II.

LATEST DRAFT VERSION OF MARCH 2017.

Source: Ref. Ares(2017)1520534 - 21/03/2017

Joint Industry Association Experts Groups Heavy Metals

Draft Amendment

Exemption 3: “ Copper alloys containing up to 4% lead by weight ” review 2021

(1a) Applies to aluminium alloys where lead is not intentionally introduced

but is present due to the use of recycled aluminium.

Exemption 2(c)(ii): “Aluminium alloys not included in entry 2(c)(i)with a lead

content up to 0.4% by weight ” (1a)

Exemption 2(c) “ Pb in Al < 0,4% ” Split in 2(c)(i) and 2(c)(ii)

Exemption 2(c)(i): “Aluminium alloys for machining purposes with a lead

content up to 0.4% by weight ”

review 2021

review 2024

Page 7

8TH REVISION OF ELV ANNEX II.

LATEST DRAFT VERSION OF MARCH 2017.

Exemption 5: “Pb and Pb compounds in batteries” Split in 5(a) and 5(b)

Draft Amendment

Joint Industry Association Experts Groups Heavy Metals

Source: Ref. Ares(2017)1520534 - 21/03/2017

(2a) Systems that have a voltage of >75V DC as defined in Directive 2006/95/EC of the

European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws

of Member States relating to electrical equipment designed for use within

certain voltage limits (OJ L 374, 27.12.2006, p. 10).

Exemption 5(a): “ Lead in batteries in high voltage systems (2a) that are

used only for propulsion in M1 and N1 vehicles ”

review 2021

expires for vehicles

type approved after

1 January 2019

Exemption 5(b): “ Lead in batteries for battery applications not included

in entry 5(a) ”

Page 8

UPCOMING ANNEX II REVISIONS.

Exemption Inspection date

Pb “high melting solder“ (8e) Review

2019 scheduled

Pb “flip chip“ (8g) Review

2019 scheduled

Pb “lead in compliant pins … other than the mating area of

vehicle harness connectors” 8(f)(b).

Review

2019 scheduled

Pb “aluminum alloys 0,4% Pb“ 2(c)(i) 2021 ?

Pb “copper alloys 4% Pb“ (3) 2021 ?

… others ? 2021 ?

Pb „laminated glazing“ (8j) Type aproval before

1.1.2020

Expiring exemption

Joint Industry Association Experts Groups Heavy Metals

Page 9

VIEW TO ROHS.MANY ENTRIES UNDER REVISION - EXAMPLES.

Within current RoHS revisions consultant suggested split of exemptions and early reviews.

The affected industry asks to extend review dates and rejects splitting.

Exemption EU ELV EU RoHS

Pb in steel (0,35%) 1(a) 6(a)

Pb in Al (0,4%) 2(c) 6(b)

Pb in Cu (4%) 3 6(c)

Pb in “high melting solder“ 8(e) 7(a)

Pb in “glass /ceramic (partially)“ 10(a) 7(c)-I

Pb in “flip chip“ IC 8(g) 15

Different timing for

• Due dates / no due date

• revision

Different revision process and different departments at authorities

Same parts go to different applications with different waste streams

Similar

exemptions,

but

Joint Industry Association Experts Groups Heavy Metals

Page 10

CONCLUSIONS.

The draft for the 8th annex II revision sets again review dates for several entries.

As in previous reviews there is a further split of existing exemptions.

Without contributions based on solid and convincing technical arguments,

the exemptions will end.

Careful creation of material data sheets helps to identify the need of exemptions.

The support of suppliers, associations, OEMs in the industry expert groups heavy metals

is very appreciated and essential to obtain exemptions. Thank you to all for their contribution.

For being prepared towards the next revisions the work starts now.

The joint associations industry expert groups are open to welcome new members.

Joint Industry Association Experts Groups Heavy Metals

Back Up Slides

Page 12

NEW ENTRY 8f(b).

SCOPE.

Why lead is used ?

Lead is needed to suppress

formation and growth of whiskers.

Joint Industry Association Experts Heavy Metals

Page 13

CURRENT EU LEGISLATION COHERENCE ANALYSIS.

The EU Commission is currently analysing the coherence of the legislative approach and procedures regarding hazard identification,

generic risk consideration, specific risk assessment or risk management measures. Non exhaustive list below…..

Source:http://ec.europa.eu/smart-regulation/roadmaps/docs/2015_grow_050_refit_chemicals_outside_reach_en.pdf last accessed 16.May 2017

1) Legislation covering hazard

identification and classification

• Classification, labelling and packaging

(Regulation No (EC) 1272/2008)

• Plant protection products (Regulation

(EC) No 1107/2009)

• Biocidal products (Regulation (EU) No

528/2012)

• REACH, Annex XIII (Regulation (EC) No

1907/2006)

• Inland transport of dangerous goods

(Directive 2008/68/EC)

• Chemical Agents (Directive 98/24/EC),

Asbestos (Directive 2009/148/EC),

Carcinogens and mutagens at work

(Directive 2004/37/EC)

2) Legislation covering risk management measures

Worker safety and transport legislation

• Inland transport of dangerous goods (Directive 2008/68/EC)

• Carcinogens and mutagens at work (Directive 2004/37/EC)

• Young people at work (Directive 1994/33/EC)

• Pregnant workers (Directive 1992/85/EEC)

• Signs at work (Directive 92/58/EEC)

• Chemical Agents (Directive 98/24/EC)

• Asbestos (Directive 2009/148/EC)

Environmental protection legislation

• Industrial emissions (IPPC) (Directive 2010/75/EU)

• Waste framework (Directive 2008/98/EC) and List of Waste

• Waste shipments (Regulation (EC) No 1013/2006)

• Major-accident hazards involving dangerous substances (Seveso)

(Directive 2012/18/EU)

• Water Framework (Directive 2000/60/EC)

• Urban Waste Water (Directive 91/271/EEC)

• Marine Strategy Framework (Directive 2008/56/EC)

• RoHS in electrical and electronic equipment (Directive 2011/65/EU)

• End of life vehicles (Directive 2000/53/EC)

• Batteries (Directive 2006/66/EC)

• Packaging and Packaging Waste (Directive 94/62/EC)

…

3) Supporting legislation

• Test methods (Regulation (EC) No 440/2008)

• Good Laboratory Practice (Directives 2004/9/EC and 2004/10/EC)

• Protection of animals used for scientific purposes (Directive 2010/63/EU)

…

Chemicals control legislation

• Biocidal products (Regulation (EU) No 528/2012)

• Plant protection products (Regulation (EC) No 1107/2009)

• Export and import of hazardous chemicals (Regulation No 649/2012)

• Persistent organic pollutants (Regulation (EC) 850/2004)

• Contaminants in food and feed (Regulation (EEC) No 315/93 +Directive 2002/32/EC)

• Residues of pesticides (Regulation (EC) No 396/2005)

Product controls

• EU Ecolabel (Regulation (EC) 66/2010)

• Safety of toys (Directive 2009/48/EC)

• Cosmetic products (Regulation (EC) No 1223/2009)

• Detergents (Regulation (EC) No 648/2004)

• Drinking Water (Directive 98/83/EC)

• Fertilisers (Regulation (EC) No 2003/2003)15

• Medical devices (Directives 93/42/EEC , 90/385/EEC 98/79/EC)

• Aerosol dispensers (Directive 75/324/EEC)

• Explosives (Directive 93/15/EEC)

• Pressure equipment (Directive 2014/68/EU)

• Food contact materials (Regulation (EC) No 10/2011 and Regulation (EC) No 450/2009)

• General Product Safety (Directive 2001/95/EC)

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