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Copyright

On 08, Jan 2014 | In | By admin

Copyright

Copyright levies: Many ITC products are subject to levies

Computers, mobile phones or MP3 players render and copy text, images and music within a matter of seconds. Users therefore save personal copies on CDs, USB sticks, memory cards and other data media.

Copyright levies have to be paid for this: Representing the property right owner, the legislator in many countries imposes levies on devices and storage media that enable the copying, saving and distribution of works. Producers and distributors must bear the responsibility of the payment of copyright levies. However, regulations vary greatly per country and device.

1cc constantly checks the status of legal regulations and monitors international developments. The results of the negotiations conducted between the industry and authorities in all EU-Member States and other countries worldwide as well as new legislation are recorded realtime, which results in recommendations by 1cc for companies who produce or sell devices and storage media that are subject to levies.

REACH

On 08, Jan 2014 | In | By admin

REACH

REACH: Chemicals legislation in the EU and beyond

Hazardous substances include, but are not limited to substances that are classified as carcinogenic or toxic. Their use is regulated in many countries. And that includes the EU, where the European Regulation REACH 1907/2006/EC (Registration, Evaluation and Authorization of Chemicals) entered into force on June 1, 2007. If hazardous substances are classified as so-called candidate substances under REACH, then they are subject to specific obligations relating to the provision of information and authorization requirements.

The REACH Regulation is also important beyond the borders of the EU, since many countries use it as a basis for their own chemicals legislation. That applies to European countries like Serbia, Macedonia or Montenegro. However, countries like Turkey, South Korea and China have also implemented, for instance, regulations similar to REACH. Canada and the United States also have extensive chemicals legislation (Toxic Substances Control Act/TSCA). California, in particular, has its Proposition 65.

Manufacturers and downstream users are subject to the following obligations under the relevant chemicals regulations: Registration of chemicals, substance restrictions for specific applications or products, obligations to inform and notify as well as labelling requirements.

The Globally Harmonized System (GHS) was implemented in the EU with the CLP Regulation 1272/2008/EC (Classification, Labelling and Packaging of Chemicals) at almost the same time as REACH. GHS and the CLP Regulation call for the classification and labelling of substances. Many countries around the world have adopted legislation in this regard.

RoHS

On 08, Jan 2014 | In | By admin

RoHS

RoHS Directive: Restriction of hazardous substances in electrical and electronic equipment

The use of harmful substances in electrical and electronic equipment is limited in more and more countries around the world, since they pose risks to people and the environment, especially with regard to product recycling.

The EU leads the way with the Restriction of Hazardous Substances (RoHS) Directive 2002/95/EC and its follow-up Directive 2011/65/EU, the so-called RoHS-Recast: Lead, mercury, hexavalent chromium, polybrominated biphenyls (PBB), polybrominated diphenyl ethers (PBDE) and cadmium may no longer be used, with some exceptions, in electrical and electronic devices that are marketed in the EU.

On June 4, 2015, the EU Commission has published further substance restrictions for four phthalates: Di(2-ethylhexyl) phthalate (DEHP) , Butyl benzyl phthalate (BBP), Dibutyl phthalate (DBP) and Diisobutyl phthalate (DIBP). The substance restrictions shall apply from July 22, 2019. For medical devices, including in vitro medical devices, and monitoring and control instruments, including industrial monitoring and control instruments, the restriction of DEHP, BBP, DBP and DIBP shall apply from July 22, 2021.

EU member states have to transpose the provisions into national law until December 31, 2016 at the latest.

Regulations similar to RoHS exist, for instance, in Turkey, United States and some Asian countries like China, South Korea or Japan.

 

Ecodesign

On 08, Jan 2014 | In | By admin

Ecodesign

Ecodesign: Energy efficiency requirements of products

In the context of energy savings, ecodesign or energy efficiency of products has become a more and more important topic: In recent years, regulators worldwide have published respective regulations or are doing so, and the number of products in focus of energy efficiency requirements has steadily increased.

A precursor with respect to ecodesgin or energy efficiency of products is the European Union. Already in 2005, the EU has published the Ecodesign/EuP Directive 2005/32/EC which focused on energy-using products.

This Directive was replaced in 2009 by EU Ecodesign/ErP Directive 2009/125/EC with an extended product scope on energy-related products. In 2010, the Ecodesign Directive was complemented by EU Directive 2010/30/EU which stipulated the labelling of energy-related products via a product label.

Many countries, as for example in Eastern Europe, North-Africa or South-America, base their national regulations on EU ecodesign legislation. However, in Arab countries like the United Arab Emirates or Saudi Arabia, completely different labelling  systems have been established. Besides household equipment, TV sets or IT-products have come more often in the focus of legislators worldwide.

 

 

 

Conflict minerals

On 08, Jan 2014 | In | By Petermann

Conflict minerals

Conflict minerals: Disclosure and reporting obligations in the supply chain

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Sec. 1502), listed U.S. companies are required to disclose the origin of certain raw materials (“conflict minerals”) contained in their products. These conflict minerals, also referred to as 3TG, include the metals tin, tungsten, tantalum, and gold. These metals are used predominantly in the production of electric and electronic products and their components.

The countries of origin/trouble areas that are subject to the Dodd-Frank Act include the Democratic Republic of the Congo (DRC) and adjoining countries, such as Angola, Burundi, Sudan or Tanzania. In these countries, armed rebel conflicts are particularly often financed with the trade in conflict minerals.

Companies that are subject to the Dodd-Frank Act are therefore required to trace the conflict minerals they use back to the smelter. They are obligated to consolidate collected data and submit a comprehensive conflict minerals report to the U.S. stock market supervisory authority, the Securities and Exchange Commission (SEC), on an annual basis.

Non-listed companies are not directly affected by the Dodd-Frank Act. Nevertheless, the Dodd-Frank Act has indirect effects on these companies. As suppliers of listed U.S. companies, they are required to disclose their supply chain and provide a Certificate of Origin for conflict minerals contained in their products.