CE marking – transposition of EU-directives following the „New Approach“

In the context of the “new approach” of the European Single market, the EU Commission has recasted several CE directives. It’s the aim to harmonize the obligations for economic operators and the structure of the directives. The new approach as an example, has different obligations for manufacturers, importers and distributors of relevant products, requires a risk analysis, harmonizes labelling obligations and specifies the necessary action in case of determination of suspicion of non-compliance. From April 20th, assuming that EU member states have transposed the directives in time, the obligations of the new CE directives come into force, e.g. on electromagnetic compatibility (2014/30/EU) or low voltage (2014/35/EU). Already in 2011, the directive 2011/65/EU on restriction of certain hazardous substances in electrical and electronic equipment (RoHS) was published, ruling stricter obligations on labelling and language-requirements in the context of the new Approach. It’s always the national transposition that is the applicable law for economic operators. Enterprises have to proof which directives, respectively their national transpositions are relevant for their products and what obligations they have to comply with.  Not till then, the EU-declaration of conformity can be issued and the CE marking affixed.

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WEEE: Debate About the Planned Treatment Ordinance

Compared to the German ElectroG of 2005, the revised ElectroG foresees important changes. One difference refers to the fact that according to §§ 11 and 24 governments are empowered to establish more detailed legal requirements via ordinances. Based on § 24 ElectroG and asked by the Federal Environmental Ministry, the Federal Environmental Agency (UBA) kicked off the preparatory work for a so-called treatment ordinance. For doing so, UBA organized a working committee and four working groups. Stakeholders such as the Federal Environmental and the Federal Ministry for economic affairs, representatives of the German Bundesländer, the associations of the municipalities, industry associations and representatives of the academia were invited to join them. It is the political objective of the new treatment ordinance to establish requirements for the treatment of WEEE aiming at improving the recuperation of critical secondary raw material such as rare earth metals and the withdrawal of harmful substances. The first draft of the treatment ordinance shall be available within the next 12 to 18 months. We will keep you updated about this new legislation Project.

UAE: RoHS Draft Legislation Submitted to the Federal National Council

The United Arab Emirates (UAE) has been working on a new legislation for the restriction of the use of hazardous substances in electrical and electronic equipment. Three different draft versions have been discussed since last summer. Now, a finalized draft version has been submitted to the Federal National Council and is expected to be approved soon. According to the draft regulation, the final law shall enter into force one year after its publication in the UAE Official Gazette. Basically, the UAE RoHS draft regulation is based on EU RoHS Directive 2011/65/EU. As in the EU, the following substances are intended to be restricted, with identical thresholds: Lead, Mercury, Cadmium, Hexavalent chromium, Polybrominated biphenyls (PBB), Polybrominated diphenyl ethers (PBDE) as well as the four phtahaltes which were added in March 2015: Bis(2-ethylhexyl) phthalate (DEHP), Butyl benzyl phthalate (BBP), Dibutyl phthalate (DBP), Diisobutyl phthalate (DIBP). Despite the similarities, there are differences with respect to transition periods and compliance requirements, as e.g. registration and certification duties. It is prohibited to display or sell any products in the UAE unless they are registered under ECAS or have a certificate or mark accepted by ESMA. For more information please contact us at info@1cc-consulting.com.

REACH: Reimbursement systems mandatory for Letter of Access (LoA)

Publishing the implementing regulation 2016/9 of January 5, the EU Commission has laid down strict rules on joint submission of data and cost-sharing in conjunction with REACH registration. REACH regulation requires the cost-sharing to be handled in a fair, transparent and non-discriminatory way – these nonspecific requirements have often lead to misunderstanding and disputes in the past: costs have not been broken down into details, no reimbursement was planned although, at same time, charging of follow-up costs was established, deeper insight of Dossier was not allowed, and much more. As laid down in the new implementation regulation, all agreements within a SIEF (Substance Information Exchange Forum) have to incorporate the following rules:

• Detailed break down of jointly used data including individual data costs as well as details how data complies with requests for registration. (Data-costs)
• Detailed break down and justification for administrative costs
• Cost-sharing model including a reimbursement system

Existing agreements can be kept, however only if parties agree unanimously. A party, joining an existing agreement, e.g. for registration period 2018, can insist on the break down of costs as well as installation of a reimbursement system. In the past, LoA (Letter of Access) costs have often been calculated at a rough estimate, e.g. on basis of number of expected Co-registrants. Now, costs have to be disclosed and, following a yearly check, to be reimbursed in case. e.g more registrants join the Agreement. 1cc supports consortia and lead registrants breaking-down and surveilling the costs of a joint registration as well as handling and administration of letter of access and installation and handling of reimbursement systems.

France – New copyright levies on cloud services

There have been long-lasting discussions to collect copyright levies on cloud storage. Now there is a draft amendment to the Copyright Act substantiating exactly this matter in France. For the first time not only physical products like smartphones, hard disks or blank CDs would be imposed with a levy, but also online services. To date, the scope of the products as well as the amount of the levy is determined by storage capacity and the actual usage. In practice, the usage appears to be shifting towards storing files remotely and not on the local hard drive, not to mention the copying on blank CDs. The more cloud services are used and the more files are stored online, the more questions about the suitability of the existing levy system arise. In France the future of private copying, i. e. the adaptation of this system is in discussion since years. Already in 2013, Pierre Lescure wrote a comprehensive report, commissioned by the French Ministry of Culture, and recommended to extend the levy system in the direction of online services («Contribution aux politiques culturelles à l’ère numérique»). According to the Lescure-Report the existing scope should be extended to devices providing access to the internet in a first step. The storage capacity is not foregrounded anymore. Game consoles, for instance, have been taken into consideration and are now dutiable in many countries. Pursuant to this, the extension to online services seems to be the logical consequence.  This arises in the current draft legislation which has been presented to the French senate.

Register for copyright levy obligations in Germany

A new register for companies who have to pay copyright levies for mobile phones, computer and storage media will be established in Germany. Yet it is going to be even more powerful as only compliant companies are listed in a so-called “white list”. Vice versa, not mentioned companies are pilloried for not paying copyright levies (appropriately). The responsible collecting society ZPÜ will publish (here) all names and addresses of companies fulfilling their obligations. For a long time collecting societies were accused for not covering the bulk of the market for recordable electronic products and storage media. Hence, many companies are not reporting sales figures and are not paying established tariffs. Apparently this is true. However, according to the tariff agreement for mobile phones and tablets from December 2015, collecting societies can now assert their claims (by contract) comprehensively. The “white list” is accompanied by well-directed research, e. g. in the manufacturer register for take-back obligations of WEEE. Other EU Member States like France and Poland approach in a similar vein. In Switzerland there is even a so-called “black list” in the environmental sector. We are happy to explain all regulation resulting from the new general agreements for copyright levies in Germany. Feel free to contact us: info@1cc-consulting.com

EU Commission publishes Action Plan for Circular Economy

The European Commission has recently published the long awaited second version of its Circular Economy Package. The first package had been published by the former Barroso Commission and had been withdrawn by the Juncker Commission shortly after taking office. However the Juncker Commission had promised to provide a new, more ambitious package by the end of 2015. With the new Circular Economy Package, the Commission aims to increase the recycling and preparation for re-use of municipal waste in general as well as packaging waste, harmonise the calculation of collection and recycling targets throughout the Member States and reduce the landfilling of municipal waste. For the first time, the Commission also aims to define minimum common requirements for extend producer responsibility schemes. Besides that, the package includes measures in the Ecodesign working plan for 2015-2017 to promote reparability, durability and recyclability of products, in addition to the already planned energy efficiency measures. Electrical and electronic products will be a major target for these actions. A strategy on plastics and a report on critical raw materials shall follow in 2017. Overall, the Commission targets to carry out all necessary actions for a regulatory framework for the development of a circular economy before 2020. The full text of the Action Plan and the legislative proposals can be found on the Commission website: http://ec.europa.eu/environment/circular-economy/index_en.htm

Five New SVHCs added to REACH Candidate List

On 17 of December the European Chemicals Agency (ECHA) has added 5 new Substances of Very High Concern (SVHC) to the REACH Candidate List. The Candidate List now contains 168 substances. The 5 new entries refer to: Nitrobenzene (EC No. 202-716-0), which has been added to the list due to its reproductive toxicity properties. The substance is used in the manufacturing process of other substances, e.g. as an intermediate for further chemical processing. 2,4-di-tert-butyl-6-(5-chlorobenzotriazol-2-yl)phenol (UV-327) (EC No. 223-383-8) and 2-(2H-benzotriazol-2-yl)-4-(tert-butyl)-6-(sec-butyl)phenol (UV-350) (EC No. 253-037-1), which were added to the list because of their very persistent and very bioaccumulative properties. Both substances are used as UV-protection agents in coatings, plastics, rubber and cosmetics. 1,3-propanesultone (EC No. 214-317-9), which has been added to the list due to its carcinogenic properties. This SVHC substance is used as an electrolyte fluid of lithium ion batteries. Perfluorononan-1-oic-acid and its sodium and ammonium salts (EC No. 206-801-3), which has been added to the list due to its persistent, bioaccumulative, toxic and reproductive toxicity properties. The substance is used as a: processing aid for fluoropolymer manufacture, lubricating oil additive, surfactant for fire extinguishers, cleaning agent, textile antifouling finishing agent, polishing surfactant, waterproofing agents and in liquid crystal display panels. More information on http://echa.europa.eu/view-article/-/journal_content/title/five-new-substances-of-very-high-concern-added-to-the-candidate-list

1cc Webinar – WEEE Legislation in the EU-Impact on Manufacturers and Distributors of 3D Printers

During the past 3 years, the 28 EU Member States have implemented the updates that came with the so called WEEE-Recast 2012/19/EU. Being one of the last Member States to implement the EU-Directive into national Law, the new German ElektroG entered into force on October 24, 2015. Katrin Schneikert, Senior Counsel at 1cc GmbH, will provide an insight into the main elements for producers and distributors of 3 D printers, and how these are put into practice across Europe. Date: Tue, Dec 8, 2015 Time: 4:00 – 5:00 PM, CET Registration: https://attendee.gotowebinar.com/rt/7803224497175395842 PS: Participation in the 1cc Webinar is free. However, the number of participants in the webinar will be limited to 20 attendees.

Major Changes from the New German WEEE Regulation (ElektroG)

The new ElektroG transposing the EU WEEE Directive (2012/19/EU) into German law has entered into force on October 24, 2015. Producers, retailers and distance sellers have to fulfil a number of new and modified obligations from the new ElektroG, e.g.

• Definition of “producer” has been extended to distance sellers from abroad offering or selling EEE directly to German end-users
• Foreign producers have to appoint a German authorized representative, who fulfils all responsibilities under the new ElektroG in his own name, such as registration, reporting, information of users etc. Moreover, foreign producers need to adapt their registration with Stiftung ear accordingly
• Guarantee requirements have been changed: i.e. the blocked bank account is not accepted anymore as financial guarantee from 2016, however a new option for smaller volumes has been introduced
• Retailers with a sales area for EEE of at least 400m² have to take back small EEE (with a maximum edge length of 25 cm) from consumers free of charge and without the consumer buying new products; in the case of direct sellers (e.g. webshops) each EEE storage and consignment area in Germany is considered
• Information of consumers: producers and retailers have to inform private households about the take back possibility they have setup, the erasure of personal data before returning WEEE, and the meaning of the crossed-out wheeled waste bin symbol
• Fee schedule (“Gebührenverzeichnis”) has been changed: some fees charged by Stiftung ear have been decreased, others have been increased considerably; moreover new fees have been introduced, e.g. for the approval of an authorized representative and for the change of the registered type of equipment after reassignment
• The catalogue of sanctions has been extended: now also e.g. improper labelling and the improper setup of an authorized representative are regarded as a regulatory offence and can be fined

So far only a German version is available:  http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl115s1739.pdf The related new cost ordinance (ElektroGGebV) can be found here:  http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl115s1776.pdf 1cc is happy to advise you individually in analyzing the impact of new requirements on your business and on your WEEE registrations. Furthermore, 1cc has developed several new services in order to support your company to fulfil new and modified obligations from the new ElektroG. For more information, please contact us at info@1cc-consulting.com.