EU-RoHS: Open Scope and new substance restrictions as of 22 July 2019

Phthalates become restricted substances:

The scope of the EU RoHS Directive (2011/65/EU) will change once again as of 22 July 2019. As implemented by amending Directive 2015/863, four new substances will be added to the list of restricted substances and their use to a maximum concentration of 0,1% in homogeneous material: .

• Di(2-ethylhexyl)phthalate (DEHP)
• Butylbenzylphthalate (BBP)
• Dibutylphthalate (DBP)
• Diisobutylphthalate (DIBP)

All electrical and electronic equipment under the scope of the RoHS Directive have to comply with the substance restrictions of 10 instead of the initial six substances, if placed on the market for the first time after 21 July 2019.

New industry sectors affected for the first time:

In addition, the so-called “open scope” will apply as of 22 July 2019. This implies that all electrical and electronic equipment – which means equipment that is dependent on electric current or electromagnetic fields for at least one intended function – will be covered by the Directive’s scope (exclusions remain unchanged). Products that didn’t initially fall under one of the 10 categories, such as clothing, furniture and cables not dedicated to a specific category of equipment, will also have to comply with the substance restrictions as of the aforementioned date.

We would be happy to answer your queries regarding compliance to the RoHS Directive and compliance issues under the EU RoHS.

Please contact us at contact@1cc-consulting.com

China RoHS II – Update on new requirements

Conformity assessment system published

Following the entry into force of China’s RoHS II management catalogue in March 2019, the new Chinese market surveillance authority SAMR (State Administration for Market Regulation) added another piece to the puzzle to China’s RoHS II by publishing the long-awaited rules for a conformity assessment system on May 17. 2019. The publication of the “Announcement of the MIIT on the Issuance of the Arrangement for the Implementation of the Conformity Assessment System for Restrictive Use of Hazardous Substances in Electrical and Electronic Products” Is now available for reference.

New labelling requirements

The conformity assessment to be carried out by manufacturers involves two options: self-assessment, or the so-called self-declaration, or voluntary certification through an accredited institution (so-called voluntary certification of the State). Depending on the individual approach, new mandatory labelling “China Green Product” is required.

In addition and other than the requirement under the EU RoHS, the technical documents and the Certificate of Conformity have to be uploaded and published in the CNCA-database within  30 days following the placing on the Chinese market of the product(s).

What´s next?

The compliance management catalogue published in March 2018 is effective November 1. 2019. However, the date is yet to be ratified by the World Trade Organisation (WTO).

Furthermore, the list of 6 restricted substances under China’s RoHS II (Pb, Hg, Cd, Cr VI, PBB and PBDE) will be amended in the future.

1cc will monitor the changes and requirements in China’s RoHS II to ensure you’re informed in due time.

Update – the current statement of the ElektroG novella

End of June 2019, the associations Bitkom (Bundesverband Informationswirtschaft, Telekommunikation und neue Medien e.V.) and ZVEI (Zentralverband Elektrotechnik- und Elektroindustrie e.V.) submitted an official statement to the BMU (Bundesministerium für Umwelt, Naturschutz und nukleare Sicherheit) regarding the upcoming amendment to the ElektroG.

Among others, the subject of collection quota was addressed, as Germany is likely not to reach the collection rate of 65 percent, which will apply from 2019 onwards: Bitkom and ZVEI share the findings from surveys which see gaps in consumer information. They appreciate and support the idea of a nationwide information campaign. A respective market research identifying and measuring public awareness of the subject is planned to be launched by Stiftung EAR this year, so that consequently a respective information campaign could be developed.

With regard to the correct recording of the returning quantities and the calculation of the collection rates, according to Bitkom and ZVEI, the following aspects have not been adequately considered so far:

time period between placing on the market and return of the EEE, i.e. for some product groups the volume placed on the market is much higher than the take-back quantities;

weight of electrical and electronic equipment;

changes in the product scope, as the “open scope” is now applicable

“Alternative” disposal routes, implicating recycling paths other than regularly planned, i.e. robbing of cables, or disposal of WEEE in containers for mixed waste in private households.

More products and more companies affected by copyright levies in Germany

Two important agreements on copyright levies were reached in May and June of this year: Levies for various consumer electronics devices were agreed upon and defined, and collecting societies and industry agreed assented to the new level of fees for USB sticks and memory cards.

It has always been the intention of the German collecting societies to make the whole product chain of privately used devices subject to levy, starting with MP3/4-player, mobile phones/ smartphones with larger displays, tablets, notebooks, PCs and finally smart TVs. This was effectively achieved, thereby placing various new product within the scope of the levy system.

All affected companies are now obliged to take unsolicited action: In order to reverse accruals, the corresponding sales-volumes since 2008, or 2012 must be reported considering that reduced tariffs apply to precedent periods if companies commit themselves to a contract as soon as possible. For the above-mentioned storage media in the period from 2012 onwards, the membership option will expire on July 31.

Subsequently, the ongoing processing of obligations essentially consists of adhering to deadlines, dates and formats. Last but not least, the charges must also be taken into account in the pricing to upstream suppliers and end customers. A charge of 30 cents per USB stick, or 12 euros for a multimedia hard disk makes a difference here.

For more information, please feel free to contact us at: copyright@1cc-consulting.com

Ban of plastic bags – more countries join the fight against plastic pollution

As an environmental consulting company based in Germany, we’ve been monitoring the enthusiasm of our neighboring countries’ efforts to reduce, or ban plastic bags from supermarkets. In the EU, such measures are triggered by Directive (EC) 720/2015, which aims at reducing the amount of distributed plastic carrier bags. EU-member states are called upon to set individual, national frameworks to attain the goals defined under the said directive, e.g. by banning bags from retail shops completely, or by introducing mandatory fees for plastic bags.

Measures to curb the tremendous amount of waste(d) plastics have been introduced by various countries around the world. Amongst some of the efforts in the past twelve months:

• July 2018: Chile adopts a law to ban the use of plastic bags in larger retail stores.
• October 2018: Kenya publishes a law draft regarding plastic bags ban.
• November 2018: The complete ban of plastic bags by 2020 passes the Austrian Council of Ministers.
• February 2019: The European Commission updates a Proposal for a Directive on the reduction of the impact of certain plastic products on the environment, which includes light-weight plastic bags.
• March 2019: Mexico City starts to ban plastic bags at retail shops.
• April 2019: The Flemish Government approves further provisions on the plastic bags ban in Belgium.
• May 2019: Nigeria’s House of Representatives passes a bill banning the use, manufacture, import and sale of plastic bags.
• May 2019: The parliament of Iceland agrees on a ban of plastic bags starting 2021.
• In Kazakhstan, amendments to the Environmental Code concerning plastic bags ban are likely to be adopted by December 2019.

Please do not hesitate to make use of 1cc’s global expertise in the field of waste and product compliance.

Update on Saudi Arabia’s Technical Regulation for Oxo-Biodegradable Plastic Material

The implementation of the Technical Regulation (TR) No. 947 on Degradable Plastic Material, published in October 2016 in the Saudi official Gazette has been postponed for the second time.

In January of this year, the Saudi Standards, Metrology and Quality Organization (SASO) postponed the registration for Phase II and Phase III products under the Regulation to September 1. 2019 from the initially planned date of August 1. 2018.

Earlier this June, SASO sent out a circular to its notifying members to the effect that the registration for the two phases II and III is postponed again to April 1. 2020.

Phase II and III products include amongst others, bubble wrap, stretch films used for packaging and plastic liners used for cartons. The regulation applies to all products made of polypropylene plastic and polyethylene plastic that are mostly used for short periods before being disposed of and that are subject to the limits of thickness stated in the adopted standards annexed thereto.

Manufacturers of electronic and electrical equipment may well be affected by this regulation in as far as they apply plastic material within the scope of the regulation.

We will keep you updated with developments on the subject Technical Regulation and remain at your disposal for any queries you may have regarding this matter.

1cc Webinar in July 2019: Basics of WEEE, Batteries and Packaging for Newcomers

1cc GmbH is organizing a webinar subject of the basic regulatory framework for WEEE, Batteries and Packaging on the European federal level.

The inclusion of passive devices in the scope of the ElektroG in Germany as of May 2019 sheds a new light on the requirements and obligations of manufacturers. To this effect, the webinar will present the basic principles of the WEEE, batteries and packaging waste legislation in the European Union and Germany, especially for the “newly” affected manufacturers.

The webinar will focus on the concept and principles behind the three legislative waste frameworks. In addition, elements like product scope and manufacturer obligations under the WEEE, Packaging and Battery Directives, including their national legislative implementations in Germany will be examined. The innovation in Germany with respect to passive devices and the new packaging register is of particular interest and is accorded special mention during the webinar.

Date: Thursday, July 25, 2019 4:00 PM – 5:00 PM CEST

Language: English

Registration Link: https://attendee.gotowebinar.com/register/6066333704682874635

PS: Participation in the webinar is free of charge. However, the number of participants per webinar is limited to 20 attendees.

France: First Standard on Circular Economy Project Management

In cooperation with around fifty actors, the French Agency for Standardisation, AFNOR, developed the first technical standard on Circular Economy project management system – Requirements and Guidelines, XP X30-901.

The voluntary standard XP X30-901 involves a 3 x 7 matrix covering the three dimensions of sustainable development – environment, economy, society – and the seven fields of action of the circular economy: sustainable procurement, eco-design, industrial symbiosis, economy of functionality, responsible consumption, extension of service life, effective management of materials or products at the end of their life.

The standard may also inspire labeling, certification, or any other sign indicating that an organization applies it in all respects. It is intended to become an international standard. The ISO countries have approved the creation of a technical committee on the subject (ISO TC 323) to bring together professionals wishing to develop the international standard.

Sweden: Proposal to Further Increase the Chemical Tax

The Swedish Government published its draft 2019 Spring Fiscal Policy Bill Vårändringsbudget 2018/2019. The introduction of the so-called chemical tax on electronics in Sweden in the summer of 2017 came in an effort to reduce the use of hazardous chemicals. The subject bill presented to the parliament on April 10, 2019 proposes a further increase in chemical tax.

A surge of 37,5% is put forth on chemicals in white goods, while consumer electronics-chemical tax is expected to rise to 33%, both values excluding VAT (25%). Moreover, the bill proposes that chemical tax can be reduced by 50% to 90% on products free of bromide, chloride or phosphorus. Interestingly enough, products sold via e-commerce are exempt from the current and newly proposed chemical tax regulation.

EU – Copyright levies on used products

Copyright levies may be applicable on used products brought on to the market after repair or refurbishment. In the context of leasing contracts, the question also arises as to whether each new device is subject to levies during the term of the contract. Many suppliers aren’t aware of these particular payment obligations that are not uniform in all EU-countries and are difficult to be justified legally.

As a matter of fact, the obligation is legally controversial: On the one hand, national law doesn’t always regulate the payment obligations for refurbished products, while on the other hand, refurbished products placed on the market have the same functionality as the original products. The buyer may use and reproduce works protected by copyright, so that the right holder receives due compensation.

Accordingly, the competent German authority is currently approaching affected companies directly and claiming levies on used products like, PCs, mobile phones and tablets. When asserting claims in Germany, the suppliers’ contractual situation with the authorities has to be taken into account, as well. Consequently, parties that receive letters from the German collecting society are encouraged to check the claim carefully for applicability.

For more information, please feel free to contact us at: copyright@1cc-consulting.com