Conformity Magazine - July 2008 - (Page 30)

released substances, but there is supply network risk associated with all substances. We’ll first discuss the legal requirements for article manufacturers, then the business and supply network risks. Legal Requirements for Article Manufacturers The primary requirements (there could be others, depending on specific situations) for EU-based article manufacturers are listed in articles 7 and 33 and are summarized in Table 1. As mentioned above, the SVHC candidate list does not yet exist. The requirements for communication to customers and requests by users or consumers (i.e., anybody – including environmental non-government organizations (NGOs) like Greenpeace) do not go in to effect until the initial SVHC candidate list is published. This is now expected to occur late in the second quarter of 2009. Once it’s published, you need to start communicating information to your customers about candidate SVHCs in your products in concentrations above 0.1% by weight. The minimum information required is the name of the substance(s). And right about the time it’s published, some companies (particularly those in very visible consumer markets) can expect inquiries from “consumers” about the candidate SVHC content of your products. Once you receive a request for this information, you have 45 days to respond. Note too that the SVHC candidate list could have a de facto “blacklist” effect, partly as a result of pressure by NGOs, and partly by companies taking competitive advantage by eliminating these substances and touting their “green-ness.” The result? The EU effectively restricts substances without having to do so. There are two issues here. First, what is meant by 0.1% by weight? Is it against the entire article, homogeneous material, or something else? The answer is … the REACH regulation did not define it. Late last year the Commission Legal Service determined that, based on the wording in the regulation, the article level is the appropriate choice. This raised a firestorm of protest by eight EU member states, including Austria, Belgium, Denmark, France, Germany, and Sweden. They appear to want it to be at the component part level (the lowest level that can be considered an article in and of itself). This has not yet been resolved, much to the dismay of article manufacturers. How it is resolved in the future – whether by court case, or by the European Commission, or both – remains to be seen. Second, the SVHC candidate list is expected to eventually list 1500 to 2000 substances. At this stage, it appears that the initial list will not be representative of the final list. In fact, it may include as few as 10 to 30 substances, with additions on a periodic (perhaps annual) basis. This implies that industry will get “nickeled and dimed” with new additions periodically over time, rather than hit with the majority of it all at once. Publication of the initial SVHC candidate list is expected in October 2008. At that point, disclosures to customers need to begin to occur. This means that, by that time, you need to know which of the SVHC candidate substances are included in your products at or above the concentration limit. Assuming the concentration limit is clarified by the time the draft candidate list is out, that gives you around 10 months to acquire this information from your supply network. Given the electronics industry’s experience with RoHS and 6 substances, assessing it for a completely different set of 30 substances could be a difficult task. Taking the First Steps So how do you reduce the scope of the task? There are two ways we see, as follows: 1. 2. Stop selling products in Europe; More realistically, pick a subset of substances. Not all of the SVHC candidates will be present in electrical and electronic products. Work with experts and your supply network to identify a reduced set, and then consider which Article 7(1) 7(2) Prerequisite * > 1 metric ton / year per Manufacturer / Importer * Not already registered for that use Situation Intentionally released substances Incorporates a candidate SVHC at >0.1% weight-by-weight Action Obligation to register (and preferably pre-register) Notify European Chemicals Agency starting June 1, 2011 and thereafter within 6 months after an SVHC is placed on the candidate list, except where exposure throughout the lifecycle – including disposal – can be excluded. Registration may be required by the Agency Must provide the recipient of the article with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance. Must provide the requestor with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance. 33(1) Incorporates a candidate SVHC at >0.1% weight-by-weight You sell an article to another party 33(2) A consumer asks about candidate SVHC content in your article Table 1 30 Conformity JULy 2008

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Conformity Magazine - July 2008 Contents Editor's Note FCC Adopts 6 Million Dollars in DTV Enforcement Orders Commission Enforcement Bureau Adopts V-Chip Consent Decree FDA Seeks 2 Million Dollars from Medical Device Manufacturer FDA Answers Questions About CFLs and UV Radiation EPA Issues Energy Star Specs for TV, Video Boxes Canada Unveils Sweeping Product Safety Legislation How the Evolution of CISPR Standards Continues to Shape the Requirements for Anechoic Chambers ESD Open Forum Reach Compliance for Non-EU Article Manufacturers The iNARTE Informer Preamplifier Considerations for Emission Measurement Systems Effective Shielding in Medical Electronics Applications Product News Focus On...Power Components Buyer's Guide Updated Standards List for the EU's ATEX Directive EOS/ESD Symposium Set for September CPSC Actions in the News Researchers Work to Develop Non-Flammable Batteries Safety Link Launches Redesigned, Enhanced Web Site IEC Standards Update UL Standards Update Product Reviews Telcordia Standards Update From Our "You Can't Make This Stuff Up" Department Looking Back: Items from Past Issues of Conformity Advertisers

Conformity Magazine - July 2008

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