Ref. Ares(2014)76401 - 15/01/2014 Workshop

29 June 2007

Preliminary results of the

“Study on Directives 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances (RoHS)”

that research teams from ECOLAS and RPA are commissioned to conduct

by the European Commission, DG Enterprise & Industry

- PROGRAMME -

09.30 Welcome by Mr. Dino Pinelli, EC DG Enterprise & Industry

09.40 Presentation of the preliminary results of the study Sarah Bogaert, ECOLAS Ltd.

10.10 Discussion of preliminary results

Coffee Break

11.00 Presentation of data gaps Sarah Bogaert, ECOLAS Ltd.

11.20 Discussion of data gaps

12.00 Lunch

13.30 Presentation of preliminary options for revision of the RoHS Directive Mike Van Acoleyen, ECOLAS Ltd.

14.00 Discussion

16.00 Closing

Review of Directive 2002/95/EC Stakeholder Workshop 3 July 2007

List of Participants Signature Member States Morning Afternoon Maya de Grott Belgium [email protected] Elina Velinova Bulgaria [email protected] Demetris Demetriou Cyprus [email protected] Malle Pirsoo Estonia [email protected] Tiia Salamaki Finland [email protected] Thierry Rimbon France [email protected] Christiane Schnepel [email protected] Jozsef Kelemen Hungary [email protected] Darren Byrne Ireland [email protected] Federico Foschini/Andrea Lanz Italy [email protected], [email protected] Mindaugas Stonkus Lithuania [email protected] Theo Klomberg [email protected] Mariusz Biedrzycki Poland [email protected] Lucian Ursea Romania [email protected] Anna Dobrócsyová [email protected] Alojz Grabner Slovenia [email protected] Marc Jay United Kingdom [email protected]

Trade Associations Korrina Hegarty CECED [email protected] Claire Schonbach EICTA [email protected] Christie Jarita ELCFED [email protected] Sue Bell AeA [email protected] Sigrid Linher Orgalime [email protected] Gunnar Ahlbom COCIR [email protected]; [email protected] Jacques Cipriano ASD [email protected] Meglena Mihova EPPA Test & Measurement Coalition [email protected] Cristina Marongiu UEAPME [email protected] Nicolle Darcy AmCham [email protected] Phil Hope CEFIC [email protected] Yoij Harikura JEITA [email protected] Ferdinand Quella ZVEI [email protected]

Companies Malte Becker Electrolux [email protected] Salla Ahonen Nokia [email protected] Sara Rodriguez Martinez HP [email protected] Pascale Moreau Epson Pascale_Moreau@epson-.com Julian Lageard INTEL [email protected] Lars Bruckner NEC [email protected] Kay Nimmo Tintechnology [email protected] Chris Robertson Era Technology [email protected] Marek Kubel Ambex [email protected]

NGOs Nadia Haiama Greenpeace [email protected] Lisette van Vliet HEAL/HCWH [email protected]

Consultant Sarah Bogaert Ecolas [email protected] Mike Van Acoleyen Ecolas [email protected] Rocio Salado RPA [email protected]

European Commission Anna Passera European Commission [email protected] Michail Georgios Papadoyannakis European Commission [email protected] Dino Pinelli European Commission [email protected] Cost-Benefit analysis of RoHS Directive in: A Study on RoHS and WEEE Directives EC – DG Enterprise & Industry

3 July 2007 Sarah Bogaert – ARCADIS ECOLAS Agenda

„ Presentation of the team

„ Goals of the study

„ Scope of the study

„ Approach

„ Preliminary results

2 Presentation of the team – ARCADIS ECOLAS (RoHS) „ Belgian based „ Part of Arcadis Belgium (Arcadis group) „ Some EC experience: ‰ DG Enterprise: Framework Service Contract for the procurement of services on Commission Impact Assessments and Evaluations – Lot 5: Impact Assessment on Environmental Economics (2006-2010) ‰ DG Environment: Service contract for the evaluation of the environmental component of infrastructure investment projects (2000 - 2007) ‰ DG Regio: Strategic Evaluation on Environment and Risk Prevention Under Structural & Cohesion Funds for the period 2007 – 2013 (2006) ‰ DG Environment: Study on the implementation of Packaging Directive and options to strengthen prevention and re-use (2005)

3 Presentation of the team – RPA (WEEE)

„ UK based „ Some EC experience: ‰ DG Enterprise: Framework contract for Impact Assessments on Environmental Economics and Industrial Products & Services Sectors (2006-7) ‰ DG SANCO: Establishing a Comparative Inventory of Approaches and Methods Used by Enforcement Authorities for the Assessment of the Safety of Consumer Products Covered by Directive 2001/95/EC on General Product Safety and Identification of Best Practices (2006) ‰ DG Enterprise: Cost Benefit Analysis on the Draft Amendment of the EC Directive on Electromagnetic Compatibility (2002) ‰ DG Environment: Employment Effects of Waste Management Policies (2001)

4 Goals of the study

„ RoHS part:

‰ Analysis of economic and environmental impacts of the RoHS Directive:

„ Cost-Benefit Analysis

„ Impact on internal market

„ Impact on innovation

„ Impact on products and sectors not covered by ban

„ Potential synergies and conflicts with other EU legislation (REACH, EuP) and other policy objectives (e.g. identifying cases where the RoHS has increased/reduced world trade integration)

‰ Comparison of EU approach with other approaches

‰ Recommendations for revision to improve cost-effectiveness

5 Goals of the study

„ WEEE part:

‰ Assessment of impacts on innovation and competition

‰ Identification of factors and requirements with a critical positive or negative impact

‰ Comparison of EU approach with other approaches

‰ Recommendations for revision to improve cost- effectiveness

6 Scope of the study

„ Focus on product groups ‰ Criteria: „ Presence and quantity of hazardous substances „ Economic importance „ Environmental impact „ Innovation pace of the sector/innovative potential „ Data availability ‰ Selection of product groups: „ Refrigerators „ PC & laptop, incl. spare parts „ Printers & copiers „ Cellphones „ Television sets „ Clocks & watches „ Fluorescent lamps (straight and compact) „ Lawn mowers & gardening equipment „ Video games & handheld video games „ Dispensers for hot and cold beverages 7 Scope of the study

„ RoHS: initially less stringent focus on product groups because ‰ Companies may have a range of RoHS relevant products - costs may be difficult to differentiate ‰ Any cost information contributes to revealing the whole picture „ WEEE: focus on countries ‰ Belgium ‰ Germany ‰ Ireland ‰ Lithuania ‰ UK

8 Approach - CBA „ Aim of Cost-Benefit Analysis:

‰ General quantified information on all product groups

‰ Quantification of B/C per product group

‰ Qualitative description of inefficiencies

„ Approach:

‰ Literature review

‰ Stakeholder consultation – written questionnaires

„ Target groups: ‰ Member States ‰ Trade associations ‰ Individual companies ‰ Environmental organisations

„ Sent out 20 & 25 April – deadline 25... May

9 Identification and quantification of benefits

„ Methodology:

‰ (1) Quantity of substances in product per product group

‰ (2) Product volumes brought on the market per product group

‰ (1)*(2) = estimated total presence of hazardous substances

‰ Quantification of environmental impact based on life- cycle assessment and dose-response relationships

‰ Monetization of environmental and health impact based on benefit transfer

10 Identification and quantification of benefits

„ Generalisation of the quantity of the hazardous substances in the selected products ‰ Based mostly on the available information in literature and expert judgment ‰ An estimation of the quantities: „ in the components of the selected products „ if possible, for the total of the product ‰ Differences in quantities caused by different literature sources, reference years, products, etc. ‰ Preliminary overview for refrigerator and PC/laptop in the next slides – watches/clocks and fluorescent lamps looked at, other product groups to be completed

11 Generalisation of the quantity of the hazardous substances in the selected products

„ Example: quantities in the components of the product REFRIGERATOR Component of product Substance Quantity of substance in component of product pigment plastic cable sheating Pb 10 - 30 g/kg plastic material stabiliser PVC sheating Pb 20 g/kg plastic material Lead bronze (copper alloy) bearing and bushes Pb 7.4 g/product (1) solders in refrigirator Cd < 0.025 % of solder plating of e.g. electrical contact Cd < 0.01 % of component Cd pigment in plastics of electrical contacts Cd < 0.05 % of component (2) cooling system and electrical contact Cr(VI) ? temperature switch Hg 1 - 5 g/switch switch Deca-BDE 10 - 15 % of component cable (wire) Deca-BDE 10 - 15 % of component (1) assumed that all units contain one bearing (2) general maximum for large EEE units

12 Generalisation of the quantity of the hazardous substances in the selected products

„ Example: quantities for the total of the product PC / LAPTOP Component of product Substance Quantity of substance in component of product total Pb 63 g/kg product total Cd 0.094 g/kg product total Cr(VI) 0.063 g/kg product total Hg 0.022 g/kg product total flame retardants (1) ? (1) Flame retardants = Polybrominated biphenyls (PBB) and polybrominated diphenyl ethers (PBDEs)

Assumptions:

Average total weight PC ca. 30 kg Average total weight Laptop ca. 2.5 kg

13 Dose-response relationships

„ General (eco)toxicological information on substances available „ Life cycle assessment (LCA) functional units: ‰ Environmental burden (expressed in environmental load units) on: 6+ „ natural resources: Hg > Cd >>> Pb > Cr ; 6+ „ air emissions: Pb > Hg >> Cd > Cr ; ‰ Human toxicity potential (expressed in 1,4-dichlorobenzene (1,4-DCB) eq.): „ is different for the different environmental compartments and mostly only slightly different for the different time horizons „ there is no hazardous substance that has always the highest HTP for the different environmental compartments „ it seems that Pb has never the highest HTP ‰ Ecotoxicity potential (expressed in 1,4-DCB equivalent): for the different environmental compartments + types of ecotoxicity (water, sediment and terrestrial): „ Hg has always the highest ecotoxicity potential „ Pb has always the lowest ecotoxicity potential

14 Dose-response relationships

„ Potential effects of the presence of the hazardous substances in the different phases (production, users, end-of-life) of the life cycle - preliminary results based on emission factors to water, air, waste

PHASE / component / product Emission factor aquatic (after WWT) air waste

min max min max min max Cd-production (mg/kg Cd) 0 42241 2.1 4598 n.a. CdO-production (mg/kg Cd) 0 0.24 n.a. production of Cd-Stabilisers (mg/kg Cd) 0 n.a. 0 n.a. n.a. production of Cd-pigments (mg/kg Cd) 3 203 3 29 n.a. production of Cd-plating (mg/kg Cd) >0 0 n.a. production of Cd-alloys (mg/kg Cd) n.a. >0 n.a. Fluorescent lamps: total Pb-emission during production n.a. 0.07 0.2 30 100 + use + waste management (mg/10+6 Lh) Fluorescent lamps: total Hg-emission during production < 0.00001 0.04 0.6 1900 2100 + use + waste management (mg/10+6 Lh) n.a.: not available (yet); Lh: lumen hour

15 Dose-response relationships - Example

Fluorescent lamps: emission during production + use + waste management (mg/10+6 Lh) Emission factor aquatic (after WWT) air waste min max min max min max Pb n.a. 0.07 0.2 30 100 Hg < 0.00001 0.04 0.6 1900 2100 e.g. for Pb (air, max) = emission factor (in mg/10+6 Lh) * number of Lh per fluor.lamp = (0.2 mg/10+6 Lh) * (10,000*1000/10+6 Lh) = 2 mg/fluor.lamp

1 fluorescent lamp: 10,000 hours rated life (average estimation) 1000 lumen (average estimation) 10,000,000 Lh (= Lumen-hour)

Emission (mg/fluorescent lamp) Aquatic air waste during production, use and waste environment management Pb n.a. n.a. 1 2 300 1000

Hg 0.0001 0.4 6 19000 21000

16 Identification of costs

„ Literature review

‰ Overwhelming number of references available... but not on impact quantification

‰ More or less useful:

„ Full RIA UK (May 2006)

„ Belgian Federal Public Service Health, Food Chain Safety and Environment (Nov 2005)

„ ERA Technology – Investigation of exemptions

„ GreenRose: SME’s

17 Identification of costs

„ National authorities - Compliance costs

‰ Activities:

„ Communication

„ Monitoring and review

„ Exemption procedure

„ Enforcement

‰ Quantification of

„ Resource costs

„ Time/staffing requirements

18 Identification of costs

„ Companies - Compliance costs

‰ Activities:

„ Training or information measures

„ Collecting and reviewing information

„ Exemption procedures

„ (Temporary) monetary losses/gains of e.g. ÈÇ turnover, discontinuation of non-compliant products, delayed introduction of products

‰ Quantification of

„ Resource costs

„ Time/staffing requirements

19 Identification of costs

„ Companies - Technical costs of phase-out of RoHS substance:

‰ Capital expenditure

‰ Operating expenditure

‰ R&D expenditure

‰ Ability to pass on costs to customers

„ Companies - Trade impact: change in sales volumes

20 Identification of costs

„ Social costs/benefits:

‰ Gain/loss of jobs

‰ Implementation of new health and safety measures in companies

‰ Impact on consumer e.g. pricing out of lower income groups

21 Quantification of costs/benefits

„ Stakeholder consultation – National authorities

‰ Quantified response by 4 MS

‰ Reliable quantitative information is difficult because budgets are often not yet attributed

‰ Monitoring and review costs:

„ XRF analysers for testing (30,000 to 45,000 € each)

„ Gas Chromatography Mass Spectrometer analysis (20,000 €)

‰ Studies to prepare RoHS implementation e.g. development of inspection methodology

22 Quantification of costs/benefits

„ Stakeholder consultation – National authorities

‰ Dedication of staff time

„ Activities: ‰ Communication: ƒ Placing information on the internet ƒ Dealing with scope issues and public queries ‰ Training of inspectors ‰ Investigations not resulting in prosecution ‰ Participation in TAC meetings ‰ Participation in EU-wide RoHS enforcement network ‰ Etc.

„ Total of 30-100% of FTE

23 Quantification of costs/benefits

„ Stakeholder consultation – Companies „ Profile of respondents

‰ Response of 19 companies (of which 5 non-quantitative)

‰ All large companies

‰ Activities: „ IT and Telecommunications equipment (12) „ Monitoring & control instruments (6) „ Large household appliences: refrigerators and air conditioning (5) „ Medical devices (4) „ Consumer equipment: audio/video/tv (2) „ Electrical and electronic tools (1) „ Small household appliences: watches (1)

24 Quantification of costs/benefits

„ Stakeholder consultation – Companies

„ Resource costs

‰ Figures from 14 companies expressed in € and/or FTE

‰ Very broad range of figures

„ Technical costs of phase-out of RoHS substances

‰ Mainly lead (6 companies)

‰ Not considerable for other substances?

‰ Only one company gave a figure for CrVI

25 Quantification of costs/benefits

„ Stakeholder consultation – Companies

„ Technical costs of phase-out of lead

‰ Capital expenditures: Large ranges in costs of replacement or modification/refurbishing of machinery

‰ Operating expenditure:

„ Increased direct material costs (5) from 7,500 to 62,500 €/tonne of Pb phased out

„ 0- 10% increase in energy costs

26 Quantification of costs/benefits

„ Stakeholder consultation – Companies „ R&D expenditure ‰ Personnel, materials, depreciation costs ‰ Adaptation of existing design often requires more resources than new design ‰ Extreme cases between: „ Companies with relatively high absolute R&D costs, but low share in total R&D „ Companies with relatively low R&D costs, but high share in total R&D „ Ability to pass on costs to consumers depends on market competitiveness, product lifetime, activity (assembler/component supplier), etc.

27 Quantification of costs/benefits

„ Stakeholder consultation – Companies

„ Extrapolation per product group is necessary e.g. different length of product life

„ Impossible to extrapolate:

‰ Low response

‰ Lack of representativeness per product group

‰ Lack of representativeness in company size

‰ Lack of economic indicators e.g. turnover

‰ Often difficult interpretation e.g.

„ Cumulation of resource costs/staff time

„ Cost of XRF analysers up to 15 million €

28 Quantification of costs/benefits

„ Stakeholder consultation – Companies „ Social costs and benefits: ‰ Gain/Loss of jobs: „ Job loss (0) „ 0 jobs gained (6) „ 2 jobs gained (5) „ 10 jobs gained (3) „ 30 jobs gained (1) „ 50 jobs gained (1) „ Consultancy contracts (2) „ Mix of permanent/temporary ‰ Increased focus to general Material & Substance requirements (1)

29 Impact on the Internal Market

„ Legal basis of RoHS: Art. 95 of EU Treaty (measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market)

„ Whether and to what extent are differences in implementation hindering the functioning of the Internal Market?

„ E.g. scope, monitoring, enforcement procedures

30 Selection of inefficiencies reported by TA/companies

„ Need to involve the whole supply-chain:

‰ Collection of compliance proof e.g. material declarations

‰ Education and training e.g. of non-European suppliers „ Testing compliance of products, parts, components „ Stock management – market segmentation issues:

‰ Markets with and without RoHS legislation

‰ Products included and exempted from RoHS legislation

‰ Compliant and non-compliant products „ Length and transparancy of exemption process „ Unequal implementation and transposition in MS „ Scope-related issues e.g. discrepancy in individual Member State enforcement

31 Impact on innovation

„ Whether and to what extent has the RoHS ban an impact on innovation: ‰ Impossibility of using banned substances: „ prolongs the time-to-market (thereby increasing the costs of innovation) e.g. checks and reporting along supply chain „ retains companies from exploring new research avenues (substitution + innovation in other field) ‰ Innovative products may be discriminated against mature products performing a similar function that have already been granted an exemption ‰ Granting of exemptions may hinder innovation as industry is not encouraged to further explore alternatives ‰ Innovation pushes towards cleaner electric and electronic products provided by the RoHS ban

32 Impact on innovation

„ Preliminary information:

‰ Customer relationships – role of advisors as well as suppliers

‰ Branding – opportunity to market green credentials

‰ Compliance linked strategies – RoHS and others guide future R&D and design strategies

‰ Standardisation – setup of common reporting format, standard definitions, set method for testing

‰ Technical challenges – time derogation is unlikely to have a significant impact on innovation

33 Other impacts

„ Impacts on markets for raw materials/ components/inputs to production: ‰ Price changes ‰ Availability or shortages of inputs ‰ Quality problems of input „ Market fragmentation resulting from RoHS exemptions „ RoHS synergies or conflicts with other EU legislation (REACH, EuP) and other policy objectives (e.g. identifying cases where the RoHS has increased/reduced world trade integration) „ Needs to be further elaborated

34 Data gaps in RoHS part EC – DG Enterprise & Industry

3 July 2007 Sarah Bogaert – ARCADIS ECOLAS Goals of the RoHS study

„ Analysis of economic and environmental impacts of RoHS:

‰ Cost-Benefit Analysis: „ General quantified information on all product groups „ Quantification of B/C per product group „ Qualitative description of inefficiencies

‰ Impact on internal market

‰ Impact on innovation

‰ Impact on products and sectors not covered by ban

‰ Potential synergies and conflicts with other policy objectives „ Comparison of EU approach with other approaches „ Recommendations for revision to improve cost-effectiveness

2 Gaps in RoHS due to low response

„ Lack of representativeness per product group: ‰ Refrigerators (1) ‰ PC & laptop, incl. spare parts (2) ‰ Printers & copiers (4) ‰ Cellphones (1) ‰ Television sets (1) ‰ Clocks & watches (1) ‰ Fluorescent lamps (straight and compact) (0) ‰ Lawn mowers & gardening equipment (0) ‰ Video games & handheld video games (0) ‰ Dispensers for hot and cold beverages (0) „ Lack of representativeness in activities: ‰ Mainly assemblers ‰ 4 component producers „ Lack of representativeness in company size – not 1 SME „ Lack of economic indicators e.g. turnover „ Often difficult interpretation (can be solved through individual contacts)

3 Reasons for low response?

„ “It’s no use crying over spilt milk” – I fully comply and do not want to spend any more time

„ Questionnaire was too detailed

„ Questionnaire was too large

„ Questionnaire came at a bad time:

‰ May: many holidays

‰ Consultation fatigue

„ Confidentiality problems

4 Solutions for low response

„ Questionnaire was too detailed New call to MS & companies in relevant „ Questionnaire was too large product groups „ Confidentiality problems: non-disclosure agreement

5 Gaps in RoHS - Analysis of costs in MS

„ Estimation of total direct resource costs of RoHS + indicate % share of ‰ Communication ‰ Monitoring and review ‰ Exemption procedure ‰ Enforcement „ Please... ‰ Differentiate between: „ Personnel costs (# FTE’s, x% of FTE) „ Resource costs ‰ Indicate one-time or recurring cost ‰ Specify years to which costs refer

6 Gaps in RoHS - Analysis of costs in companies

„ Estimation of total compliance costs + indicate % share of: ‰ Training or information measures ‰ Collecting and reviewing information ‰ Exemption procedures ‰ Qualitative or quantitative information on (temporary) monetary losses/gains of e.g. „ ÈÇ sales volumes „ discontinuation of non-compliant products „ delayed introduction of products „ Please... ‰ Differentiate between: „ Personnel costs (# FTE’s, x% of FTE) „ Resource costs ‰ Indicate one-time or recurring cost ‰ Specify years to which costs refer

7 Gaps in RoHS - Analysis of costs in companies

„ Technical costs of phase-out of RoHS substance ‰ If possible broken down by: „ Capital expenditure „ Operating expenditure „ R&D expenditure ‰ Indicate to wich substance cost refers ‰ Indicate one-time or recurring cost ‰ Specify years to which costs refer „ Additional staff time dedicated to RoHS not yet included: # FTE’s, x% of FTE (specify activities) „ General information: product groups, activity, size, turnover

8 Gaps in RoHS – Sector profile

„ What information is available:

‰ Eurostat – PRODCOM – NACE DL 30 to 33 Manufacture of electrical and optical equipment

„ # companies per MS distributed by size

„ Not all MS participate every year

„ No complete coverage e.g. medical devices not in RoHS study, video games/lawn mowers not in PRODCOM

‰ Eurostat – Engineering industry – NACE DL 29.1-5, 29.71, 31:

„ Economic indicators per MS e.g. # companies, production, value added, R&D intensity

9 Gaps in RoHS – Sector profile

„ Economic indicators needed per product group:

‰ # companies in EU27 by size

‰ Economic profile:

„ Turnover

„ Value added

„ R&D expenditure

„ Etc.

10 Analysis of environmental benefits

„ Methodology:

‰ (1) Quantity of substances in product per product group

‰ (2) Product volumes brought on the market per product group

‰ (1)*(2) = estimated total presence of hazardous substances

‰ Quantification of environmental impact based on life- cycle assessment and dose-response relationships

‰ Monetization of environmental and health impact based on benefit transfer

11 Gaps in RoHS - Analysis of env. benefits

„ Historic evolution of quantities of Pb, Hg, Cd, Cr, flame retardants (PBB, PBDE) per product/kg for each product group

„ Emission factors per phase in the life cycle, per product, per environmental compartment

„ LCA functional units on PBB, PBDE

12 Gaps in WEEE – Stakeholder consultation

Individual Companies – Only 10 responses. Need: „ Cellphones, clocks and watches, lamps, lawn- mowers, dispensers „ SMEs „ Examples of innovations made and associated costs „ R&D costs associated with design for recycling + opportunity costs „ Effects on volume of sales?

National Authorities – Only 3 responses. Need: „ Lithuania, Ireland „ Indications of competition effects at national level „ Current estimates of free-riders

13 Gaps in WEEE – Stakeholder consultation

Trade Associations – 6 responses

„ Majority of company members are large firms – SMEs representation?

„ Examples of difficulties experienced by companies registering in more than one MS

Producer Responsibility Schemes – 3 responses Consumer Organisation – 1 response Recycling company – 1 response

14 All information welcome by end of July

RoHS: ARCADIS Ecolas Ltd. Sarah Bogaert Fonteinstraat, 1A B-3000 Leuven, Belgium http://www.arcadisecolas.com [email protected] WEEE: Risk & Policy Analysts Ltd. Dave Fleet & Rocio Salado Farthing Green House 1 Beccles Road, Loddon, Norfolk NR14 6LT, United Kingdom http://www.rpaltd.co.uk [email protected] and [email protected]

15 Preliminary topics for revision of the RoHS directive

3 July 2007 Mike Van Acoleyen – ARCADIS ECOLAS Key issues for administrative simplification

„ Availability of data

„ Testing RoHS-compliance

„ Stock management and segmentation

„ Interaction with suppliers

„ Training

„ Exemptions and exemption process

„ Unequal implementation and transposition in Member States

„ Other issues

2 Preliminary topics for revision of the RoHS Directive

„ Topic 1a: distributing the administrative burden across the suppliers

„ Topic 1b: enforcement / market surveillance

„ Topic 2: streamlining the exemption process

„ Topic 3: clarifying definitions

„ Further topics to be investigated?

3 Topic 1a: distributing the administrative burden across the suppliers

„ Issue

‰ Producers = assemblers

‰ Maximum concentration thresholds in homogeneous materials

4 Topic 1a: distributing the administrative burden across the suppliers

„ Possible scenarios to be considered

‰ Business as usual ; no changes?

‰ Ask the producer of the homogeneous materials to prove RoHS-compliance?

‰ Alternative definition of homogeneous material?

5 Topic 1a: distributing the administrative burden across the suppliers

„ Discussion elements

‰ Business as usual? „ Burden as usual „ Division of burden as usual

‰ Ask the producer of the homogeneous materials to prove RoHS-compliance? „ Burden distributed „ Possibilities for certification systems „ Structured enforcement/market surveillance

6 Topic 1b: enforcement and market surveillance

„ Issue

‰ Existing difficulties in enforcement and market surveillance

‰ Connected with topic 1a (burden distribution)

‰ Elements that may be investigated : component – certificate - agency

7 Topic 1b: enforcement and market surveillance

„ Possible scenarios to be considered

‰ Business as usual ; no changes?

‰ Certification through a “RoHS-agency”?

‰ Certification through New Approach “notified body”?

8 Topic 1b: enforcement and market surveillance

„ Discussion elements

‰ Business as usual? „ Enforcement problems

‰ RoHS agency? „ Independent agency giving certificates „ Independent information provider „ Centralised

‰ “notified body”, new approach? „ Market responsibility „ Decentralised

9 Topic 1b: enforcement and market surveillance

„ New Approach and Global Approach

‰ New Approach = product regulation

‰ Global Approach = conformity assessment

‰ limit public intervention to what is essential

‰ leave business and industry the greatest possible choice on how to meet their public obligations

10 Topic 1b: enforcement and market surveillance

„ Discussion elements of both solutions

‰ Easy to check ; for enforcement and for supply chain management?

‰ Information distribution?

‰ Need for fixed scientific standards?

‰ Change in art. 4 point 1 ‘put on the market’?

11 Topic 2: streamlining the exemption process

„ Issue ‰ article banning substance plus annex listing exemptions ‰ 7 amendments in 3 year, via comitology TAC items in annex basic 27/01/03 12 (8 + 4 on lead solder) + 4 comitology amendment 1 18/08/05 on maximum values amendment 2 13/10/05 +2 new amendment 3 21/10/05 +5 new +3 expansions amendment 4 21/04/06 +5 new amendment 5, 6, 7 12/10/06 +7 +1 +1 new

12 Topic 2: streamlining the exemption process

„ Possible scenarios to be considered ‰ Business as usual : banning + exemptions? ‰ Improve the current process: amended criteria … see REACH-compromise? ‰ Restricted banning in annex? ‰ Change the process (like 94/62/EC packaging)? „ Criteria in the body „ Examples in the annex

13 Topic 2: streamlining the exemption process

„ Discussion elements

‰ Business as usual versus restricted banning : „ everything that is not allowed is forbidden? „ everything that is not forbidden is allowed?

‰ to respect the current level of environmental protection: „ long list of additional bans? „ vague and comprehensive entries needed, covering unknown or new applications?

14 Topic 2: streamlining the exemption process

„ Discussion elements ‰ Criteria + annex with examples? „ Clear procedure for annex „ Flexibility „ Not overruling TAC or EP „ Positive and negative examples „ Annex gives more clarification ‰ Criteria : REACH compromise CMRs possible? „ Introduce economic considerations, exemptions are allowed … ‰ When “adequately controlled” / beneath threshold ‰ Substitution plan ‰ R&D plan

15 Topic 3: clarifying definitions

„ Issue ‰ clear definitions enhance transparent legislation ‰ lacking definitions in RoHS Directive „ Definitions to be found? ‰ “putting on the market”? ‰ “substitution”? ‰ “equipment that is part of other equipment”? ‰ “homogeneous materials”? ‰ “spare parts”? ‰ other?

16 Topic 3: clarifying definitions

„ Discussion elements

‰ Use definitions from New Approach?

‰ New Approach definition of “placing of the market” and “putting into service” excludes transfer for assembling

17 Further topics

„ To be further examined:

‰ Experiences outside Europe

‰ Further evaluation of the relation with WEEE

‰ Today’s results

18