BSP 2007/142-722
“Business Support Programme for Bulgaria, Romania, Croatia and
Turkey”
Overview of EU environmental
legislation– Part II
EU Environmental Legislation
2.VII.2008
Warsaw, Poland
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Workshop schedule - Part II
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Hazardous Substances and Processes
Development Control
Access to information on the environment
Where to find information
EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
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Hazardous Substances and Processes
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Hazardous Substances and Processes
Main legislation
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1907/2006/EC (REACH)
2002/95/EC (RoHS)
96/61/EC and 2008/1/EC IPPC Directives
2006/66/EC: Batteries Directive
2000/33/EC CPL Directive
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1907/2006/EC (REACH)
Directive 1907/2006 of the European Parliament and of the
Council of 18 December 2006 concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals
(REACH)
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EC 1907/2006 (REACH)
What is REACH ?
 REACH is a new European Community Regulation
on chemicals and their safe use. It deals with the
Registration,
Evaluation,
Authorisation
and
Restriction of Chemical substances.
 The new law entered into force on 1 June 2007.
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EC 1907/2006 (REACH)
REACH will replace 40 existing legal acts and create a single
system for all chemical substances.
REACH will require from manufacturers and importers to gather
comprehensive information on properties of their substances
produced or imported in volumes over 1 tone per year and to
submit the necessary information to demonstrate their safe use in a
registration dossier to the European chemicals agency.
Failure to register will mean the substance cannot be
manufactured or imported to the EU market.
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EC 1907/2006 (REACH)
REACH – main requirement: “no data, no market”
Under REACH companies must pre-register most of their
chemical substances in a period since 1 June to 1 December
2008 .
If a manufacturer or importer of a chemical fails to pre-register by 1
December 2008 he cannot continue manufacturing or importing
it until he has submitted a full REACH registration dossier.
Users of chemicals cannot continue using substances which have
not been pre-registered or registered by their supplier.
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Directive 2002/95/EC (RoHS)
Directive 2002/95/EC on the restriction on the use of certain
Hazardous Substances in Electrical and Electronic Equipment
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Directive 2002/95/EC (RoHS)
 From 1st July 2006, any new equipment manufactured
by Company must not contain a variety of dangerous
substances, including lead, hexavalent chromium,
mercury, cadmium and certain brominated flame
retardants
Article 4. Point 1 of the RoHS Directive specifies:
 Member States shall ensure that, from 1 July 2006, new
electrical and electronic equipment put on the market does
not contain lead, mercury, cadmium, hexavalent
chromium, polybrominated biphenyls (PBB) or
polybrominated diphenyl ethers (PBDE).
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Directive 2002/95/EC (RoHS)
Maximum concentration values for impurity levels of
the banned substances:
•Article 5(1)(a), a maximum concentration value of 0.1%
by weight in homogeneous materials for lead, mercury,
hexavalent chromium, polybrominated biphenyls (PBB)
and polybrominated diphenyl ethers (PBDE) and of 0.01%
weight in homogeneous materials for cadmium shall be
tolerated.
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Directive 2002/95/EC (RoHS)
RoHS: Who does it concern?
All producers who put an EEE product on the
market in EU:
 Manufactures and sellers under own brand
 Resellers under his own brand
 Importerss or exporters into a Member State
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Directive 2002/95/EC (RoHS)
RoHS Product categories
 (1) Large household appliances
 (2) Small household appliances
 (3) IT & Telecommunication equipment
 (4) Consumer equipment
 (5) Lighting equipment
 Light bulbs and luminaires
 (6) Electrical and electronic tools
 (7) Toys, leisure & sports
 (8) Medical equipment systems (with the
exception of all implanted and infected
products)
 (9) Monitoring and control instruments
 (10) Automatic dispensers
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Directive 2002/95/EC (RoHS)
Exemptions
 Mercury in compact fluorescent lamps not exceeding 5 mg per
lamp.
 Mercury in straight fluorescent lamps for general purposes not
exceeding: halophosphate 10 mg, triphosphate with normal
lifetime 5 mg, triphosphate with long lifetime 8 mg.
 Mercury in straight fluorescent lamps for special purposes.
 Mercury in other lamps not specifically mentioned in this
Appendix.
 Lead in glass of cathode ray tubes, electronic components and
fluorescent tubes.
 And many others exemptions
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Directive 2002/95/EC (RoHS)
RoHS - not only in Europe
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Directive 2002/95/EC (RoHS)
RoHS Problem Areas
 Scope – the same problem as with the WEEE Directive
 Maximum Concentration Values
 Standards - How can industry demonstrate compliance?
 Side effects – some products (military & aerospace) not
covered, but availability of leaded parts will drop
 Technological problems – e.g. higher soldering
temperatures
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Directive 2002/95/EC (RoHS)
RoHS – updates
 The first Commission Decision, extending the list of exempted
applications in the Annex to the RoHS Directive has been published
(13/10 2005).
 This permits the use of Deca-BDE in polymeric applications and lead
in lead-bronze bearing shells and bushes.
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A further tens requests are currently subject to a consultation. The
consultation can be found here;
http://europa.eu.int/comm/environment/waste/weee_index.htm
The study on bringing category 8 and 9 products (medical, monitoring
equipment etc) into the scope of RoHS is underway. If it is decided to go
ahead and change the Directive to include these products you should
expect a final deadline for compliance of approximately 2012.
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Challenges for Companies to Be Comply
 Many different RoHS-like regulations have to be
considered
 Reviews/amendments of actual regulations (e.g. EU
RoHS) with new exemptions or cancelation of allowed
exemptions (example Deca-BDE) are carried out
 Declaration “RoHS conform” has to be proved
continuously
 Time and cost expensive interviews of suppliers are
continuously necessary
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The transition to lead-free - the RoHS
implications on business
- halogen-free laminates for higher
thermal stability
- lead-free materials for surfaces
PCB
materials
purchasing
Development
and design
PCB
production
- Know and select
lead-free components
(thermal stability)
- Adjust design
PCB
QA
- Buy halogen-free/lead-free
PCBs
- Staff training
- andere Lagerbedingungen?
PCB purchasing
from
component
manufacturers
Subassembly
production
- Adapt production
process to halogenfree laminates
- suitable surfaces
- new acceptance
criteria
Subassembly
QA
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EU Environmental Legislation, 2.VII.2008, Warsaw, Poland
- Select solder for job categories
- Identification markings for recycling
- Question of equipment reliability
Subassembly
repair work
- OEM purchasing people responsible
for outsourcing
Selection of lead-free solders
Adjusting soldering technology
Running trials
Checking and testing soldering equipment
Modifying the acceptance criteria
Adjusting repair technology
Double storage/adapting logistics
Questions of identification for
solders/material?
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The RoHS implications on business
Purchasing What has to be done NOW:
Availability of products:
- without banned substances according to RoHS
- new bills of materials
- new materials sourcing
- re-issue of packaging, instructions and warranties
Certification of all materials:
- ensures traceability for audit
- awareness of materials used
- awareness of shelf life data
Traceability of components
Recycling data – any special requirements
Others
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The RoHS implications on business
Quality - What has to be done:
 Certification of all materials:
- ensures traceability for audit
- awareness of materials used
- awareness of shelf life data
 Traceability of components
 Recycling data – any special requirements + packaging specs
 Quality standards and workmanship standards
 Manufacturing procedures
 Identification of materials and assemblies according to RoHS
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The RoHS implications on business
Design - What has to be done:
Redesign of product:
- due to availability of materials
- due to manufacturing processes
- due to recycling legislation
- due to identification issues
- marketing
- others
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The RoHS implications on business
Production - What has to be done:
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Audit of production equipment
Application for budget approvals
Selection of materials
Production procedures with new requirements
Interim solutions with Pb elements
Others
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96/61/EC IPPC Directive
Industrial Pollution Prevention and Control Directive
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Directive on IPPC 96/61/EC
 Framework piece of legislation
 Activities listed in Annex I of the Directive are required to
obtain IPPC licence, i.e. one licence dealing with emissions to
all media
 Licensing procedure is laid down in the Directive and fees are
similarly prescribed
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Directive on IPPC 96/61/EC (continued)
 The European IPPC Bureau has drafted “BREF Guidance
Notes” for different sectors of industry
 Relevant agency applies standards of BAT (Best Available
Technology)
 Higher standard of BAT will generally apply to new industries
(as opposed to existing activities)
 One of the conditions of the licence is the necessity to operate
an environmental management programme (EMP) and publish
an annual environmental report
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Directive on IPPC 96/61/EC (continued)
 Commission takes steps to cut industrial emissions
further
 On 21 December 2007 the Commission adopted a
Proposal for a Directive on industrial emissions.
 The IPPC Directive has recently been codified (Directive
2008/1/EC) of the European Parliament and of the
Council of 15 January 2008
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Directive 2006/66/EC: Batteries
DIRECTIVE 2006/66/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 6 September 2006
on batteries and accumulators and waste batteries and
accumulators and repealing Directive
91/157/EEC
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Directive 2006/66/EC: Batteries
 Prohibits the placing on the market of certain
batteries and accumulators.
 It promotes a high rate of collection and recycling of
waste batteries and accumulators
 Promote and maximise separate waste collections.
 Marking of batteries with heavy metal content.
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Directive 2006/66/EC: Batteries
Some requirements:
 Collection rates of at least 25% and 45% have to be
reached by 26 September 2012 and 26 September 2016
respectively.
 Recycling must exclude energy recovery
 All producers of batteries and accumulators have to be
registered.
 The Member States must send the Commission reports on
the implementation of the Directive
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CPL Directive 2000/33/EC
 Codify in one single document the law on CPL of
dangerous substances
 Manufacturers of new substances must supply a
notification dossier to the competent body
 Suppliers must put warning labels on containers,
including R&S phrases
 Manufacturers/suppliers must provide 16 point safety
data sheets
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Development Control
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Main Legislation
Directive 2001/42/EC
of the European Parliament and of the Council of 27 June 2001 on
the assessment of the effects of certain plans and programmes on
the environment
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Directive 2001/42/EC - Strategic Environmental Assessment
 The objective of this Directive is to provide for a high
level of protection of the environment and to contribute
to the integration of environmental considerations into
the preparation and adoption of plans and programmes
with a view to promoting sustainable development, by
ensuring that, in accordance with this Directive, an
environmental assessment is carried out of certain
plans and programmes which are likely to have
significant effects on the environment.
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Directive 2001/42/EC - Strategic Environmental Assessment
 Applies to ‘plans’ and programme in
 transport
- water resource management
 energy
- industry
 waste management - telecommunications
 tourism
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Environmental Impact Assessment
What is Environmental Impact Assessment (EIA)?
Environmental Impact Assessment (EIA) is a procedure for:
 systematic examination of the likely effects on the
environment of a proposed development
 ensuring that adequate consideration is given to any likely
effects
 avoiding, reducing or offsetting any significant adverse effects
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Environmental Impact Assessment
Proposed Development
Examine the Impacts on the Environment
Significant likely
adverse impacts
Propose mitigation
measures
Incorporate revisions
into design
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Positive, residual
or no impacts
Finalise design
Apply for development
consent
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Environmental Impact Assessment Structure of an EIS
The existing environment and the impacts of the
development are explained by reference to it’s likely
impact on the following:
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Human beings
Flora
Fauna
Soils
Water
Air
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 Climate
 The landscape
 The interaction of the
foregoing
 Material assets
 Cultural heritage
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DIRECTIVE 2003/4/EC - on public access to environmental information
DIRECTIVE 2003/4/EC OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL
of 28 January 2003
on public access to environmental information and
repealing Council Directive 90/313/EEC
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DIRECTIVE 2003/4/EC - on public access to environmental
information
 Implements Articles 4 , 5 and 9.1 of the Aarhus Convention
 Covers both ‘passive’ (upon request) and ‘active’ (dissemination of
env. information) disclosure of env. information held by public
authorities
 ‘Public authority’?– government authorities at all levels: national,
regional and local authorities, even private non-governmental bodies
that serve public functions or provide public services (i.e. supplying
drinking water), whether or not they have specific responsibilities for
the environment.
 ‘Environmental information’? any information, on any material form,
on the state of the environment and its components, or referring to
measures, policies, legislation, plans and programmes, data used in
economic analyses, the state of human health and safety which might
be affected by the state of environment.
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DIRECTIVE 2003/4/EC - on public access to environmental
information
 Active dissemination of env. Information
 Public authorities are obliged to organise and disseminate
environmental information, tell the public what kind of
environmental information they have, promote public
environmental awareness, inform about how to access
information, how to participate in environmental decisionmaking and about access to justice.
 Member States should ensure that environmental
information increasingly becomes available in electronic
databases easily accessible to the public.
 Member States are obliged to publish and disseminate a
national report on the state of and pressures on the
environment every three or four years or less.
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DIRECTIVE 2003/4/EC - on public access to environmental
information
Progress as compared to earlier Directive 90/313/EC on the
freedom of access to information on the environment
It is conceived as a general right (not only for EU citizens)
More detailed definition of public authorities
Wider and more explicit definition of environmental information
(e.g. biodiversity, GMOs)
Shorter deadline for answering requests
Improved ‘openness’ active dissemination policy : more precise
grounds for non disclosure of information
Two types of review procedures have been granted
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Where to find information?
 EC websides:
 http://ec.europa.eu/
 http://ec.europa.eu/environment/index_en.htm
 http://europa.eu.int/eur-lex in all languages of the EU.
 Governmental websites
 Domestic or other countries
 http://www.google.com
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