1. EU Legislation Update
ESH TF Shanghai Feb

2. Contents
RoHS Final
REACH - ‘Substances in Articles’
F Gas Review

3. RoHS – ‘Compromise Agreement’
Semiconductor Issue
Commission
Proposal
Dec 2008
Council - EU 27 Countries
Compromise agreement with EP
Euro Parliament (EP)
Evolving
Environment Comm
June 2nd
Ban New Substances
No.
-Review only 4 substances listed in new annex lll for possible future inclusion in annex IV (ban list).
-Review will use methodology of Reach authorisation system annex XV dossier
-No immediate bans
-No bans on GaAs, Berylium..
-Methodology of substance review will be largely coherent with Reach system.
-Comm review annex IV within 3 years
-No annex lll (in first review)
Yes.
-Proposed addition of 33 substances to annex lll review .
-Focus on PVC, Brominated Flame retardants; (HBCDD (DBDPE), Medium-chain chlorinated paraffins (MCCP), Phthalates
Scope of Directive
Scope limited to categories and product lists in annex I & ll. Includes medical & industrial monitoring and control systems
Open scope all EEE with exclusions
-impact assessment on open scope within 3 years
-exclusions; R&D equipment B to B, (development vehicles), LSIT, fixed installations
Open scope with limited exclusions

4. RoHS - ‘Compromise Agreement’
Semiconductor Issue
Commission
Proposal
Dec 2008
Council - EU 27 Countries
Compromise
Agreement with EP
Euro Parliament
Environment Comm
June 2nd
Nanomaterials
Nothing
-No ban on nanosilver and long multiwalled carbon nanotubes
-No nano labelling or notification obligations
-No unworkable definition of nanomaterials
- Reference to “substances of very small size or internal or surface structure” for next Annex IV update
-Calls on commission to consolidate definitions of nanomaterials, draft assessment of safety of nanomaterials
-Proposed to add nanosilver and long multiwalled carbon nanotubes to ban list
-Producers of EE should label equipment that contains nanomaterials that can lead to exposure to consumers
Fab Tools
Exclusion retained
Exclusion retained- Workable definition of large scale stationary industrial tools
Exclusion retained. Tools (large scale stationary industrial tools -LSIT) definition needs further clarity

5. RoHS - ‘Compromise Agreement’
Semiconductor Issue
Commission
Proposal
Dec 2008
Council - EU 27 Countries
Compromise
Agreement with EP
Euro Parliament
Environment Comm
June 2nd
Exemption review process
Exemptions permitted;
-scientifically impracticable
-availability substitutes is not ensured
-socio- economic impacts
-maximum 4 years per exemption
-exemptions can be extended
-Transparent review mechanism
-Exemptions permitted when;
-substitution is scientifically impracticable
-reliability of substitutes is not ensured
-envi, safety, health benefits/negative impacts
-Availability of substitutes only relevant when looking at duration of exemptions
-Up to 5 years per exemption
-exemptions can be renewed
- Reapply for exemption renewal 18 months before expiration.
month ‘transition’ period if exemption renewal is rejected by the comm
Exemptions
-removes socio-economic criteria for exemptions.
-socio-economic criteria only for duration of the exemption
-exemptions Up to 4 years. Case by case approach time length.
-exemptions can be extended.
-18 month ‘Grace’ period for exemption as

6. RoHS - ‘Compromise Agreement’ – next steps
Other key semiconductor issues
Homogeneous material definition - workable
Presumption of conformity
CE marking for EEE,
For materials, components and EEE; either through….tests and measurements demonstrating compliance or which have been assessed in accordance with harmonized standards
Next Steps / Legal Implementation Timeline
Entry into force of RoHS revision with the publication in EU Official Journal - earliest estimation end Q (translation.. legal fine tuning etc..)
Commission will prepare update of FAQ document

7. REACH - Substances in Articles
REACH - Substances in Articles: The European Commission legal services have reconfirmed their existing interpretation of 2007 that the application of the 0.1% threshold under the obligations of REACH Articles 7(2) and 33 applies only with respect to the assembled article, and not with respect to its individual parts.
Crucial issue for the semiconductor industry to prevent unworkable burdens been placed on the processes and systems
ESIA had inputted industry views to the respective authorities on this issue.
In a legal brief presented to the Member states meeting of February 7-9 on REACH (CARACAL), the Commission differed from the views of the 6 ‘dissenting’ member states regarding their opposition to the interpretation of the application of the 0.1% threshold at the finished article level.
REACH candidate list updated on 15 December with 8 new substance – including chromium trioxide

8. EU ‘F- Gas’ Regulation Review
EU has begun to review ‘F gas’ regulation until July 2011
ESIA participated in a commission expert group on fluorinated gases during preparations for the review of this ‘F-gas’ regulation 842/2006
ESIA given detailed feedback/ dialogue with consultants and EU
1 key element for semiconductor manufacturers is the focus on non-CO2 gases
Part of EU Climate Goals as set in 2007 is for
reduction in EU greenhouse gas emissions of at least 20% below 1990 levels
20% of EU energy consumption to come from renewable resources
20% reduction in primary energy use compared with projected levels, to be achieved by improving energy efficiency.