RoHS China Julia Lietzmann, Attorney-at-Law The Levinson Environmental Law Firm “International Legislation on Hazardous Substances

RoHS China

Julia Lietzmann, Attorney-at-Law

The Levinson Environmental Law Firm

www.environment.co.il

“International Legislation on Hazardous Substances

and the Israeli Industrialist/Exporter”

Tutorial at the Israel Export and International

Cooperation Institute

10 May 2007

International Environmental LegislationUpdates and Tendencies

Ort Braude College 27 May 2008

Tzvi Levinson, Attorney-at-Law

The Levinson Environmental Law Firm


© The Levinson Environmental Law Firm Iso 14,000

http://www.sii.org.il/WebFiles/zlogo/MAHON_195h.zip

THE EU SOLUTION:

EXTENDED PRODUCER

RESPONSIBILITY (“EPR”) PRINCIPLE

©The Levinson Environmental Law Firm

The problem …


האם זה אפשרי?


Extended Producer Responsibility - IntroductionExtended Producer Responsibility - IntroductionExtended Producer Responsibility - IntroductionExtended Producer Responsibility - Introduction

© The Levinson Environmental Law Firm

Reasons to focus on the product:

• Products use natural sources

• Product use often creates environmental impacts, and

• Discarded products become waste that must be treated

in some way – recycled, incinerated

or deposited in landfills.

II. 우리나라의 폐기물 발생 및 처리현황II. 우리나라의 폐기물 발생 및 처리현황


Extended Producer Responsibility - IntroductionExtended Producer Responsibility - IntroductionExtended Producer Responsibility - IntroductionExtended Producer Responsibility - Introduction

Three Goals

To focus on the life-cycle environmental impact of the product

To encourage design which takes the environmental impact into account

To shift waste-management costs away from consumers

or governments to product manufacturers

The WEEE Directive(Effective since 13.08.2005)


Scope of the WEEE DirectiveScope of the WEEE Directive

1. Large household appliances

2. Small household appliances

10 product categories

3. IT & telecommunications equipment


4. Consumer equipment

5 .Lighting equipment

Scope of the WEEE DirectiveScope of the WEEE Directive

6. Electrical and electronic tools

7. Toys, leisure and sports equipment


8 .Medical devices

9 .Monitoring and control instruments

10 .Automatic dispensers

WEEE: Obligations of the “producer”WEEE: Obligations of the “producer”

• Registration

• Information for treatment facilities

• Record keeping


• Collection

• Recovery/ Disposal

The Directive on the Restriction of the use of Hazardous Substances in Electrical and Electronic Equipment (RoHS)

The Directive on the Restriction of the use of Hazardous Substances in Electrical and Electronic Equipment (RoHS)

• Banned substances

• Maximum concentration

values

• Exemptions: Annex 1 July 2006


- Lead

- Mercury

- Cadmium

- Hexavalent chromium

- Polybrominated biphenyls (PBB)

- Polybrominated diphenyl ethers (PBDE)

RoHS - Restricted SubstancesRoHS - Restricted Substances



Maximum concentration values:- 0.01 % for cadmium- 0.1 % for the other restricted substances

In homogeneous materials:

“A material that cannot be mechanically disjointed into

different materials.”

The RoHS Directive

Worldwide legislation (WEEE/RoHS)


Norway: Restriction of additional substances

in ‘consumer goods’ (proposal)

1. Arsenic (Gallium Arsenide devices),

2. Non reacted TBBPA, (Flame retardant as used in FR4 PCB substrate)

3. HBCD (flame retardant)

4. DEHP (PVC plasticiser)

5. Bisphenol A (monomer used for polycarbonate)



USA: No federal legislation

Many states have WEEE-like legislation in place, but: small scopes

Some have substance restrictions in place

…they are getting more and more …

http://www.crwflags.com/fotw/images/u/us.gif



Argentina: 2007 bill like WEEE/RoHS

Costa Rica: Proposal for e-waste take-back scheme

SOUTH AMERICA



Korea: Act for Resource Recycling of Electrical/Electronic

Products and Automobiles, incl. WEEE/RoHS/ELV elements

Publication: 2007

Japan: Six “RoHS” substances have to be marked

“RoHS China” (Publ.: 2006)

“WEEE China” (Publication: September 2007)

Taiwan: Waste Disposal Act, revised 2003

http://www.crwflags.com/fotw/images/k/kr.gif

http://www.crwflags.com/fotw/images/t/tw.gif


Additional new legislation

EU Waste Shipment Regulation (1013/2006)

EU Batteries Directive (2006/66)


Additional new legislation

REACH (EC REGULATION 1907/2006)

What is REACH ?


Registration

Evaluation

Authorization

of CHemicals +Restriction


Is my substance within the scope of the REACH?

REGISTRATION

Substance on its own or in Preparation?


Above 1 ton/ year?

23

“an object which during production is given a special

shape, surface or design which determines its function to a

greater degree than does its chemical composition”

Article


http://www.wallashops.co.il/ws/a/ap.aspx?pi=1CQLC900

substance intended to be released under normal or reasonably foreseeable conditions & above 1 t/y?

Is my substance within the scope of the REACH? (Art. 7(1))

REGISTRATION


Polymer - > 2% w/w & above 1 t/y of monomer?

Is my substance within the scope of the REACH? (Art. 6(3))

REGISTRATION


•June – November 2008: Pre-registration of phase-in Substances•June – Dec. 2008: Registration of non phase-in substances

Registration deadlines for phase-in :•November 2010•June 2013•June 2018

•1st June 2007 REACH enters into force

ImplementationTimeline

Depending on tonnage+

Substance’s properties


REACHREACHREACHREACH

• Duty of care principle• Shifts the burden from authorities to industrialists • Obligation to carry out testing and compile the

registration dossier• Restricts the use of hazardous substances • Encourages innovation


• Testing and compilation of technical dossier• Consortium formations

– Exchange of data – Compulsory sharing of data on animal testing results

• Lowering no. of experiments on animals

REACH - RegistrationREACH - RegistrationREACH - RegistrationREACH - Registration

Manufacturers / professional users in charge of: Risk assessment + risk management

Industry active in reduction of risks


Substances put on the European market above 1t/a

What to register?

Information needed for registration

Depends on annual quantity

Who registers?

EU manufacturer/importer/OR


Principles for registration

Data Sharing - SIEF

Substance Information Exchange Forum


Principles for registration

הגיע הזמן להתחיל לעבוד......

צריך לקבל החלטות ............


Thank you for your attention!


[email protected]

© The Levinson Environmental Law Firm Iso 14,000

http://www.sii.org.il/WebFiles/zlogo/MAHON_195h.zip

Documents

RoHS China Julia Lietzmann, Attorney-at-Law The Levinson Environmental Law Firm “International Legislation on Hazardous Substances