At the SCIP IT User group meeting on May 27^th, ECHA announced that they expect to have the SCIP dissemination portal online by “the end of summer” – they would not clarify exactly what they mean by end of summer.

ECD Compliance recommends that clients have their SCIP plans (either SCIP submissions or datasets ready to provide to importers and distributors) completed before the portal goes online.

For additional information on SCIP, ECHA provides information and guidance about SCIP on the SCIP website[1].

[1] ECHA SCIP website, https://echa.europa.eu/scip

Environment and Climate Change Canada (ECCC) has indicated its intention to restrict the organic flame retardants Dechlorane-Plus (DP) and Decabromodiphenyl Ethane (DBDPE) (CASRN  84852-53-9)[1]. Both are commonly used in EEE products, particularly wire and cable products and to a lesser degree power boxes and enclosures, industrial adhesives, and industrial rubber products.

[1] Canada DBDPE risk management, https://www.canada.ca/en/environment-climate-change/services/evaluating-existing-substances/certain-organic-flame-retardants-grouping-risk-management-approach-for-benzene-ethanediyl-bis-pentabromo-decabromodiphenyl-ethane-dbdpe.html#toc26

The US EPA has published a guidance document on reporting new uses for Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Substances (PFAS) in Imported Articles with Surface Coatings. The requirement to report comes from a SNUR (significant new use rule) addressing Long-Chain Perfluoroalkyl Carboxylate (LCPFAC) and Perfluoroalkyl Sulfonate Substances (PFAS). The guidance document is available on the EPA website[1].

The statements in this document are intended solely as guidance to aid in complying with the EPA regulation “Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances Significant New Use Rule” and the implementing regulations in 40 CFR part 721.

SNURS under U.S. TSCA have typically only applied to substances and mixtures; however, the EPA appears to now be using SNURs to also control substances in articles.  SNURs are a mechanism employed by the EPA that requires manufacturers and importers to notify the EPA of certain substances that are used for a purpose that has not been previously recorded.  Organizations must report the use to EPA at least 90 days before manufacturing or importing occurs.

The Part III Guidance for Articles Subject to the SNUR states that electronic components, light bulbs, and solar panels are examples of articles that are subject to the SNUR.

The full text of the implementing regulation can be found at 40 CFR Part 721 and also in the Federal Register (85 FR 45109, July 27, 2020) and in the rulemaking docket, identified under EPA docket ID No. EPA-HQ-OPPT-2013-0225 and available online at https://www.regulations.gov.

The document provides a list of business types that may be covered by the guide.  The list includes manufacturers of computer and other electronic products, appliances, and components (NAICS codes 324 and 335) as well as manufacturers of surgical and medical instruments (NAICS 339112).

Impact on EEE Manufacturers

To know whether the SNUR imposes a notification requirement (or not), manufacturers and importers need to know exactly which LCPFAC and PFAS substances are used in components and then need to check whether the application of those substances in their components are already registered.

A list of typical EEE applications vs. substances that require notification has not been compiled, making this SNUR a significant challenge for finished product manufacturers and especially SMEs.

[1] US EPA SNUR on LCPFAC, https://www.federalregister.gov/documents/2020/12/07/2020-26003/significant-new-use-rules-on-certain-chemical-substances-20-2b

On April 14, 2021, ECHA finalized its tenth recommendation[1] of SVHCs to be added to the REACH Annex XIV Authorisation List. The SVHCs are already on the REACH Candidate List; adding them to the Authorisation List will restrict their manufacture and use in the EU unless the manufacturer has an explicit authorization from ECHA for the intended application. The recommendation is now with the European Commission and EU members states for a final decision.

The recommendation includes the seven SVHCs listed in Table 1. Once the SVHCs are added to Annex XIV List, manufacturers and users in the EU will have a transition period (typically between 18 months to 3 years) to either phase out the use of the substance or obtain a company and application specific authorisation from ECHA.

Table 1: ECHA Recommendations for REACH Annex XIV

[1] ECHA recommendation for REACH Authorisation List, https://echa.europa.eu/-/echa-proposes-seven-substances-for-authorisation-to-protect-people-and-the-environment

Norway has submitted a proposal to restrict the manufacture, use and placing on the market of Dechlorane Plus™ as substances, constituents of other substances, mixtures and articles[1]. Dechlorane Plus is a substance group that was added to the REACH Candidate List in January 2018. For the EEE industry the most common application is as a flame retardant for electric wire and cable covering material.

[1] ECHA registry of intentions for Dechlorance Plus, https://echa.europa.eu/registry-of-restriction-intentions/-/dislist/details/0b0236e184a168c4?utm_source=echa-weekly&utm_medium=email&utm_campaign=weekly&utm_content=20210414&_cldee=d2phZ2VyQGdvZWNkLmNvbQ%3d%3d&recipientid=lead-161102cfc0e0e71180fa005056952b31-e90de70ad95349898c9ca308b42b5d18&esid=b13ecc42-f79c-eb11-812a-005056b9310e

The Global Electronics Council (GEC) and TÜV Rheinland finalized and published their network equipment sustainability criteria[1]. The criteria will be used for implementing the EPEAT ecolabel program. EPEAT is used as a green procurement tool by several governments and large businesses.

[1] Network equipment sustainability criteria, https://greenelectronicscouncil.us15.list-manage.com/track/click?u=bf0a49a26d86cf6fe6c3f22f9&id=7e4e8a301c&e=0cd5d987ca

Updates from the SCIP IT User Group Meeting on March 25, ECHA:

• • ECHA said that they still could not provide a forecast date for when the dissemination portal will go live. They hinted at technical issues preventing them from deploying the portal but otherwise seemed to be intentionally vague on the cause of the delay.
  • Some users are submitting dummy dossiers so that their products are registered in the database, but with incomplete article and SVHC data – presumably with the intention to update the SCIP dossier as supply chain information becomes available.
  • Improvements are being made to the IUCLID software and S2S system for creating and submitting SCIP dossiers.
    • ECHA plans to support multiple S2S keys for a legal entity – this will allow a legal entity (and their affiliates) to contract multiple solution providers to provide SCIP notification services
    • Improvements to downloading SCIP reports, including dossiers with more levels of hierarchy,

The European Market Surveillance and Compliance of Products Regulation (EU) 2019/1020 comes into effect in July 2021. The intention of the regulation is to ensure that products entering the EU market have a designated authority who is responsible for the compliance of products to applicable EU regulations.  Online sales by distant sellers are a particular focus of the regulation.

In preparation for the regulation going live, the Commission published a guidance document to assist duty holders and enforcement authorities. Two other guidance documents addressing mutual recognition and free movement of goods within the EU were also published. The Market Surveillance and Compliance of Products guidance document is available on the europa website[1].

The guidance lists the four types of actors that may be responsible for product compliance and it explains the circumstances under which each would be responsible. The four types of actors (in order of precedence) are:

• • Authorised representative
  • EU manufacturer
  • Importer
  • Fulfillment service provider

The guidance document provides a decision tree to help determine which economic operator is responsible in meeting the requirements specified in Article 4 of the regulation. The decision tree is excerpted below (Figure 2).

A fulfillment service provider is described as a supply chain actor that, without taking ownership of the product, fulfills at least two of the following services:

• • warehousing,
  • packaging,
  • addressing, and
  • dispatching

The fulfillment service provider may hand over the product to a postal/delivery service or it may deliver it themselves.

Figure 2: Decision tree in identify the economic actor who is responsible

[1] Commission guidance on Compliance regulation, https://ec.europa.eu/docsroom/documents/44908

The European Commission is preparing a Directive that will require companies with business in the EU to implement due diligence programs in preventing harm to human rights and the environment and to ensure overall good governance. The details of the regulation are still in discussion among the EU government bodies, but the European Parliament recently published a resolution with its expectations for the legislation[1].

The proposed scope (Figure 1) includes large organizations, small and medium size enterprises that are either publicly listed or operating in high-risk sectors. The proposal would also impose obligations on organizations that do business in the EU even if they are not established in the EU.

Figure 1: Scope of due diligence regulation proposed by European Parliament

Proposed requirements for a “Due Diligence Strategy” are specified in Article 4 of the regulation, including the following two excerpts which set the tone of the proposal:

• “… carry out effective due diligence with respect to potential or actual adverse impacts on human rights, the environment and good governance in their operations and business relationships.”
• “…make all efforts within their means to identify and assess, by means of a risk based monitoring methodology that takes into account the likelihood, severity and urgency of potential or actual impacts on human rights, the environment or good governance, the nature and context of their operations, including geographic, and whether their operations and business relationships cause or contribute to or are directly linked to any of those potential or actual adverse impact.”

The European Commission’s proposal is expected in June.

[1] EU Parliament resolution on due diligence, https://www.europarl.europa.eu/doceo/document/TA-9-2021-0073_EN.pdf