Category Archives: nl2020q4

Korea – Enacts Amendment to K-RoHS

South Korea published on November 24, 2020 Decree No. 31184[1] amending the Enforcement Ordinance on the Recycling of Electrical and Electronic Equipment and Vehicles Act 2007, Presidential Decree No. 20480, 2007. The amendment adds 23 new products to the list of products subject to the substance restrictions and adds restrictions for the four phthalate substances (DEHP, BBP, DBP and DIBP) that are already restricted under EU RoHS.

The newly included products (unofficial translation) are:

  • dehumidifier,
  • scanner,
  • toaster,
  • electric kettle,
  • electric water heater,
  • electric frying pan,
  • hair dryer,
  • treadmill,
  • security camera,
  • food dryer,
  • electric massage machine,
  • foot bath,
  • sewing machine,
  • video game machine,
  • wireless router,
  • bread maker,
  • navigation display device,
  • fryer,
  • beam projector,
  • coffee maker,
  • hot pot,
  • dehydrator,
  • vending machine.

The amendment enters into force on January 1, 2021, but new substance restrictions in Annex 1-2 and exemptions in Annex 2 enter into force on July 1, 2021.

[1] Korea RoHS amendment, https://gwanbo.mois.go.kr/ezpdf/customLayout.jsp?contentId=00000000000000001605852807630000&tocId=00000000000000001605852808657000&isTocOrder=N&name=%20%EB%8C%80%ED%86%B5%EB%A0%B9%EB%A0%B9%EC%A0%9C31184%ED%98%B8(%EC%A0%84%EA%B8%B0%C2%B7%EC%A0%84%EC%9E%90%EC%A0%9C%ED%92%88%20%EB%B0%8F%20%EC%9E%90%EB%8F%99%EC%B0%A8%EC%9D%98%20%EC%9E%90%EC%9B%90%EC%88%9C%ED%99%98%EC%97%90%20%EA%B4%80%ED%95%9C%20%EB%B2%95%EB%A5%A0%20%EC%8B%9C%ED%96%89%EB%A0%B9%20%EC%9D%BC%EB%B6%80%EA%B0%9C%EC%A0%95%EB%A0%B9)%20#

EU – SCIP Database is Open for Business – Who Submits?

On October 28, 2020, ECHA opened the EU SCIP database to submissions.

Various questions on sales and distribution scenarios are emerging as at who is required to submit notifications into the SCIP database, and how to best support downstream economic actors. These scenarios are discussed below.

In the ECHA SCIP FAQ on “Which suppliers of articles have the obligation to provide information to ECHA?”, ECHA states:

The following suppliers of articles need to provide information to ECHA:

– EU producers and assemblers,

– EU importers,

– EU distributors of articles and other actors who place articles on the market.

Retailers1 and other supply chain actors supplying articles directly to consumers are not covered by the obligation to provide information to ECHA.

Notes:

1 Excluding retailers who are importers and/or producers.

 When the Manufacturer is the EU Importer

The obligation to submit SCIP notifications for manufacturers is clear for those who manufacture in the EU or have their own EU import subsidiaries – these organizations are able to use their own legal entity to  submit their product information into SCIP. This in-turn makes it easy for distributers to do a simplified SCIP notification (SSN) to meet their regulatory obligations.

When the Manufacturer is not the EU Importer

The business implications are less clear for foreign manufacturers who do not have direct control of import into the EU.  A downstream actor will need to do the detailed SCIP submission for the product. This will normally be the EU importer if they are an EU entity.

ECHA has already started providing guidance to distributors that they can use the simplified SCIP notification (SSN) process to meet their submission obligations (unless they are also the importer). To use the SSN process, the distributor needs to obtain the SCIP number from their upstream partner – the manufacturer or importer – and then include this number in their SSN upload into the SCIP data. They do not need to know any technical details about the product or the SVHC contents.  This is possible because the full submission will already be in SCIP by the time the product gets to them.

Note 1: if the distributor is also the importer and the product is not already in SCIP, the distributor will need to make the detailed SCIP submission.

Note 2: if the distributor is a retailer who sells directly to consumers and is not the importer, they are exempt from SCIP reporting. This assumes that an upstream EU importer has already made the SCIP submission.

Import of components and subassemblies into the EU

Another scenario with some uncertainty is when a component or subassembly is imported into the EU, especially when the integrator is the importer of record.  This scenario is not well addressed in the guidance documents.  In general, the SCIP obligation is triggered when a product is placed on the EU market. The evidence for the above position may be found in the ECHA SCIP FAQ on “Which suppliers of articles have the obligation to provide information to ECHA?”, states…

According to Article 3(33) of the REACH Regulation, the supplier of an article means ”any producer or importer of an article, any distributor or other actor in the supply chain who places an article on the market“.

 

Impact on EEE Manufacturers

We will need to see how this plays out in the EEE sector, including the level of awareness of importers and distributors to their SCIP legal obligations. The speed with which EU member states enforce the requirements may also be a factor.

Regardless of how this plays out, the product manufacturer is the entity with the Bill of Materials and SVHC information needed to create the SCIP dossier.  Importers and distributors will not have necessary technical information. Therefore, product manufacturers should be prepared to provide the necessary information – either as an IUCLID SCIP dossier or some other format that can then be compiled into a SCIP dossier.

EU – Sustainable Products Initiative

The European Commission has launched its “Sustainable Products Initiative” to revise the Ecodesign Directive and propose additional legislative products to make products more sustainable.  The Commission provided the following summary:

This initiative, which will revise the Ecodesign Directive and propose additional legislative measures as appropriate, aims to make products placed on the EU market more sustainable.

Consumers, the environment and the climate will benefit from products that are more durable, reusable, repairable, recyclable, and energy-efficient. The initiative will also address the presence of harmful chemicals in products such as:

  • electronics & ICT equipment
  • textiles
  • furniture
  • steel, cement & chemicals.

The initiative is also expected to consider:

  • Supply chain information requirements (possibly digital product passport)
  • Regulation of remanufacturing, recycling, and environmental footprints

An inception impact assessment with feedback from stakeholders during a public consultation is available on the europa website[1].

[1] EU sustainable product initiative, https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12567-Sustainable-Products-Initiative

EU – REACH Annex XIV Authorisation for Spare Parts and Repair

The European Commission has proposed an amendment to the REACH regulation to simplify and reduce the cost of authorisation requests when an Annex XIV substance is needed after the sunset date for the manufacturing of spare parts or for repair of products.

The proposed amendment and annex are available from the EU TBT notice[1].

[1] EU TBT database, https://ec.europa.eu/growth/tools-databases/tbt/en/search/?tbtaction=search.detail&Country_ID=EU&num=759&dspLang=en&basdatedeb=&basdatefin=&baspays=&basnotifnum=759&basnotifnum2=759&bastypepays=ANY&baskeywords=

GEC/TUV – Sustainable Network Equipment Criteria

A full draft of criteria for the Sustainability of Network Equipment has been completed.  A public review of the criteria is currently underway until December 31, 2020.

The criteria were developed by the Sustainable network equipment technical committee led by the TÜV Rheinland certification body and the U.S. based Green Electronic Council (GEC).  It will be used for assessing the sustainability of network equipment under the GEC EPEAT ecolabel program and TÜV Rheinland’s Green Product Mark.

IEC 62321-2 – Update to Material Risks

IEC Technical Committee TC111 WG3 is updating the IEC 62321-2 “Determination of certain substances in electrotechnical products – Part 2: Disassembly, disjunction and mechanical sample preparation” standard.

The update includes a refresh of Annex B on the risk of RoHS substances being present in materials and parts used in EEE products. This is the only Internationally recognized guidance on risk of RoHS substances in EEE and is used by several EEE manufacturers in their compliance programs.  The revised draft Annex B will add material risk information for the four phthalate substances, and it updates the risk levels based on changes in the EEE supply chain over the past 15 years.

EU – Preparatory Study on Ecodesign and Energy Labelling

The European Commission launched a preparatory study earlier this year to assist in preparing the Ecodesign and Energy Labelling Working Plan for 2020-2024. The list of product categories and the new horizontal measures being considered may be useful information in anticipating upcoming requirements.

The Draft report on the task 2[1] identification of product groups and horizontal measures identifies:

Remaining product groups from working plan 2016-2019:

  • Uninterruptible Power Supplies
  • Professional laundry appliances
  • Professional dishwashers
  • Window products
  • Non-tertiary coffee machines
  • Not selected product groups

New product groups

  • Interconnected home audio and video
  • Small home / office networking equipment
  • Low temperature emitters
  • Air curtains
  • Small-scale cooking products
  • Unmanned aircraft (drones)
  • Water decalcifiers / softeners
  • Base stations and subsystems
  • Industrial sensors
  • Hair dryers
  • Tertiary hot beverage equipment incl. free-standing hot beverage vending machines
  • Greenhouse covers
  • Patio heaters

New horizontal measures

  • Lightweight design
  • Durability
  • Post consumer recycled content
  • Universal External Power Supplies
  • Universal batteries for battery-driven products
  • Ecological profile
  • Horizontal innovative solutions for improved market surveillance

[1] Ecodesign working plan task 2 report, https://www.ecodesignworkingplan20-24.eu/documents