RoHS China Julia Lietzmann, Attorney-at-Law The Levinson Environmental Law Firm “International Legislation on Hazardous Substances and the Israeli Industrialist/Exporter” Tutorial at the Israel Export and International Cooperation Institute 10 May 2007 International Environmental Legislation Updates and Tendencies Ort Braude College 27 May 2008 Tzvi Levinson, Attorney-at-Law The Levinson Environmental Law Firm © The Levinson Environmental Law Firm Iso 14,000

THE EU SOLUTION: EXTENDED PRODUCER RESPONSIBILITY (“EPR”) PRINCIPLE © The Levinson Environmental Law Firm

The problem … © The Levinson Environmental Law Firm

האם זה אפשרי ? © The Levinson Environmental Law Firm

Extended Producer Responsibility - Introduction © The Levinson Environmental Law Firm Reasons to focus on the product: Products use natural sources Product use often creates environmental impacts, and Discarded products become waste that must be treated in some way – recycled, incinerated or deposited in landfills.

II. 우리나라의 폐기물 발생 및 처리현황 © The Levinson Environmental Law Firm Extended Producer Responsibility - Introduction Three Goals To focus on the life-cycle environmental impact of the product To encourage design which takes the environmental impact into account To shift waste-management costs away from consumers or governments to product manufacturers

The WEEE Directive (Effective since ) © The Levinson Environmental Law Firm

Scope of the WEEE Directive 1. Large household appliances 2. Small household appliances 10 product categories 3. IT & telecommunications equipment © The Levinson Environmental Law Firm 4. Consumer equipment 5. Lighting equipment

Scope of the WEEE Directive 6. Electrical and electronic tools 7. Toys, leisure and sports equipment © The Levinson Environmental Law Firm 8. Medical devices 9. Monitoring and control instruments 10. Automatic dispensers

WEEE: Obligations of the “ producer ” Registration Information for treatment facilities Record keeping © The Levinson Environmental Law Firm Collection Recovery/ Disposal

The Directive on the Restriction of the use of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Banned substances Maximum concentration values Exemptions: Annex 1 July 2006 © The Levinson Environmental Law Firm

-Lead -Mercury -Cadmium -Hexavalent chromium -Polybrominated biphenyls (PBB) -Polybrominated diphenyl ethers (PBDE) RoHS - Restricted Substances © The Levinson Environmental Law Firm

Maximum concentration values: % for cadmium -0.1 % for the other restricted substances In homogeneous materials: “A material that cannot be mechanically disjointed into different materials.” The RoHS Directive

Worldwide legislation (WEEE/RoHS) © The Levinson Environmental Law Firm Norway: Restriction of additional substances in ‘consumer goods’ (proposal) 1. Arsenic (Gallium Arsenide devices), 2. Non reacted TBBPA, (Flame retardant as used in FR4 PCB substrate) 3. HBCD (flame retardant) 4. DEHP (PVC plasticiser) 5. Bisphenol A (monomer used for polycarbonate)

Worldwide legislation (WEEE/RoHS) © The Levinson Environmental Law Firm USA: No federal legislation Many states have WEEE-like legislation in place, but: small scopes Some have substance restrictions in place …they are getting more and more …

Worldwide legislation (WEEE/RoHS) © The Levinson Environmental Law Firm Argentina: 2007 bill like WEEE/RoHS Costa Rica: Proposal for e-waste take-back scheme SOUTH AMERICA

Worldwide legislation (WEEE/RoHS) © The Levinson Environmental Law Firm Korea: Act for Resource Recycling of Electrical/Electronic Products and Automobiles, incl. WEEE/RoHS/ELV elements Publication: 2007 Japan: Six “RoHS” substances have to be marked “RoHS China” (Publ.: 2006) “WEEE China” (Publication: September 2007) Taiwan: Waste Disposal Act, revised 2003

© The Levinson Environmental Law Firm Additional new legislation EU Waste Shipment Regulation (1013/2006) EU Batteries Directive (2006/66)

© The Levinson Environmental Law Firm Additional new legislation REACH (EC REGULATION 1907/2006)

What is REACH ? © The Levinson Environmental Law Firm

R egistration E valuation A uthorization of CH emicals + R estriction © The Levinson Environmental Law Firm

Is my substance within the scope of the REACH? REGISTRATION Substance on its own or in Preparation? © The Levinson Environmental Law Firm Above 1 ton/ year?

23 “an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition” Article © The Levinson Environmental Law Firm

substance intended to be released under normal or reasonably foreseeable conditions & above 1 t/y? Is my substance within the scope of the REACH? (Art. 7(1)) REGISTRATION © The Levinson Environmental Law Firm

Polymer - > 2% w/w & above 1 t/y of monomer? Is my substance within the scope of the REACH? (Art. 6(3)) REGISTRATION © The Levinson Environmental Law Firm

June – November 2008: Pre-registration of phase-in Substances June – Dec. 2008: Registration of non phase-in substances Registration deadlines for phase-in : November 2010 June 2013 June st June 2007 REACH enters into force Implementation Timeline Depending on tonnage + Substance’s properties © The Levinson Environmental Law Firm

REACHREACH Duty of care principle Shifts the burden from authorities to industrialists Obligation to carry out testing and compile the registration dossier Restricts the use of hazardous substances Encourages innovation © The Levinson Environmental Law Firm

Testing and compilation of technical dossier Consortium formations –Exchange of data –Compulsory sharing of data on animal testing results Lowering no. of experiments on animals REACH - Registration  Manufacturers / professional users in charge of:  Risk assessment + risk management  Industry active in reduction of risks © The Levinson Environmental Law Firm

Substances put on the European market above 1t/a What to register? Information needed for registration Depends on annual quantity Who registers? EU manufacturer/importer/OR © The Levinson Environmental Law Firm Principles for registration

Data Sharing - SIEF Substance Information Exchange Forum © The Levinson Environmental Law Firm Principles for registration

הגיע הזמן להתחיל לעבוד צריך לקבל החלטות © The Levinson Environmental Law Firm

Thank you for your attention! © The Levinson Environmental Law Firm Iso 14,000