Legislative developments electronic engineers need to be aware of

An open scope was proposed, under which all products not currently listed in categories 1 to 10 would be added to a new category 11, unless specifically excluded. With some EU Member States opposing this without a comprehensive risk assessment, a compromise was reached and open scope will not be implemented until probably 2021. Further restricted substances were also a possibility, with 37 substances – including brominated flame retardants, beryllium, PVC and many REACH Substances of Very High Concern (SVHC) – considered for 'priority assessment'. However, this proposal was dropped as it was felt it would not survive a vote of the full parliament. Plans to 'ban' nanosilver and carbon nanotubes were also dropped. RoHS will be subject to CE marking requirements, which will see more data and information requirements flowing through the supply chain. These include the need to retain a copy of any declarations for 10 years and to have them readily available. REACH There will soon be more than 50 SVHCs; 38 were in place by June 2010, a further 11 in December 2010 and six more are likely to hit the Candidate List shortly. European Chemical Agency (ECHA) sources suggest that, over time, up to 700 SVHCs could be added to the Candidate List. However, progress is slow and the latest estimate is 130 by the end of 2012. REACH, unlike RoHS, is not just about providing a certificate of compliance; it drives the flow of safety information through the entire supply chain. This includes automatically providing a (Material) Safety Data Sheet (SDS) at the point of first order, and when the SDS is revised by the manufacturer. This obligation places a significant financial burden on industry. Gathering SVHC data has proved a challenge for the electronics industry, with a shortage of information and a generally slow response from manufacturers at the top of the supply chain. This happened with the RoHS Directive during 2005 and 2006, but the response to requests for REACH substance data has been ponderous and there is still a lack of understanding in many areas. Selected substances then face approval for 'authorisation of use' and this exercise must be completed within a specified period and before its 'sunset date' once added to Annex XIV. Where approval is not granted, a substance cannot be used in manufacturing or be imported into the EU. Thereafter, any downstream user can only procure the product from the source of the authorisation request, assuming it has been granted. New safety symbols will be introduced and added to data sheets as part of the Classification, Labelling and Packaging of substances and mixtures requirements and the phased migration to new global harmonised systems (GHS). China RoHS In October 2009, the Chinese Government published the first draft catalogue of Electronic Information Products that will be subject to China RoHS restrictions. While the catalogue will be updated periodically, the initial scope is limited to telephones of all kind and all types of printers that attach to a computer. There are six substance restrictions and their maximum concentration limits are generally the same as with RoHS. Companies exporting products into China for sale in China will require their products to be tested and certified as compliant by an approved Chinese test house. This may create a bottleneck as the obligations will enter into force just ten months after the legislation is adopted by the Chinese Government. Currently, no details of authorised test houses or standards have been published. The second China catalogue, once published, is likely to continue with the consumer theme and include products such as tvs, vcrs and dvds. However, there are proposals of 'China RoHS2' with the scope aligned to the original EU RoHS. Energy Related Products More measures are expected to enter into force during the coming months under the Energy related Products (formerly Energy using Products) Directive. These will focus on energy efficiency in use, reduced standby and off mode losses, as well as labelling and information on environmental performance. The requirements, for example, include the phasing out of linear power supplies in favour of switch mode devices and specific information on packaging and data sheets for certain lamps. Batteries Manufacturers or importers of batteries into the EU must be aware of specific labelling requirements. Many batteries, especially from the Far East, are failing compliance due to the size of the 'wheelie bin' logo and/or the hazardous substance symbols. Cadmium and mercury are now restricted and, while lead is permitted, it must have a symbol on the battery if more than a specified concentration. In the near future, batteries will have to be marked to indicate their capacity, which could clearly be of benefit to users.Batteries supplied in equipment have the same restrictions and must be marked in the same way as batteries supplied separately. There are specific requirements for equipment which must be designed to enable users to 'readily' remove and replace batteries, other than where there is a safety, performance, medical or data integrity exemption. Any company manufacturing equipment that contains a battery needs to be aware of its responsibilities. Conflict materials Something about which the industry is going to hear more is the neatly titled 'Dodd-Frank Wall Street Reform and Consumer Protection Act', signed into law by President Obama in July 2010. The section of the Act covering conflict minerals requires that companies registered with the Securities and Exchange Commission must disclose annually whether they have used particular minerals from the Democratic Republic of the Congo or an 'adjoining country'. If a company did use such minerals, it will have to submit a report to the SEC describing how it exercised due diligence on the source and supply chain of such minerals, including an 'independent private sector audit' and a description of the products manufactured that contain such minerals. These minerals are: columbite-tantalite (coltan, a principal source of tantalum); cassiterite (a principal source of tin); gold; wolframite (a source of tungsten); their derivatives and any other mineral determined by the Secretary of State. Conclusion So, what will the next couple of years bring? Certainly more substance restrictions, whether it be REACH or RoHS, more products falling within scope of the regulations, more revised exemptions, more data requests up and down the supply chain especially with ad hoc regulations, a greater focus on the content and quality of data sheets, and probably more frustration, cost and resource issues for the SME. Gary Nevison, pictured, is head of legislation for Premier Farnell.