The European Court of Justice has said that the 0.1% threshold for notifying Substances of Very High Concern (SVHCs) in articles applies to “each of the articles incorporated as a component of a complex product” rather than the entire article.
The court’s (The European Court of Justice) decision contradicts the view adopted by the European Commission and the European Chemicals Agency (ECHA) guidance on requirements for substances in articles, and backs that taken by five EU Member States and Norway.
This ruling will impact suppliers of “complex” articles such as equipment, tools, modules and development boards etc.
While the ruling is described as “preliminary” when the final rule is published it will take effect immediately
Rumour that the UK was intending to stick with 13 categories as part of the WEEE Recast are somewhat premature.
According to officials at the Department of Business Innovation and Skills the UK has not sought specific advice from its lawyers as yet.
This will be a transposition issue and, even then, the 6 category scope is not due to come into force until 2018.
In addition the Official Journal publication of the new text has been delayed and is not likely to appear before September at the earliest.
BIS would aim to produce a Consultation Document in the first half of next year.
Legislation limiting harmful substances in electronics is growing worldwide. Manufacturers, suppliers and distributors of electrical and electronic equipment are feeling the effects.
We now have RoHS laws in the European Union (EU), Japan, China, Korea, and California. We have Proposition 65 legislation in California. We have formaldehyde limits on wood products. We also have BPA, DEHP and latex restrictions on medical products.
Assuring compliance with hazardous substance rules and limits is getting harder for the electronics industry. The real game changer has been the EU REACH law.
REACH restricts substances of very high concern (SVHC) in electronics. It doesn’t just apply to a finished product. It also applies to the various components in the product. A manufacturer can’t be sure if its product complies until they obtain hazardous substance information from their component suppliers.
Also, the number of REACH regulated substances (SVHCs) is increasing every 6 months. There are currently 53 SVHCs. That number is expected to increase to over 120 by the end of 2012.
It is no longer enough to have a component supplier provide a simple hazardous substance compliance statement. A supplier has to submit a new statement every time a new SVHC is added. To avoid having to make repeated requests, and the time delays in getting responses, manufacturers have begun asking suppliers to provide a list of all the ingredients and concentrations in their products (full material declarations). That way when a new SVHC is added, a manufacturer can instantly determine compliance.
The volume of compliance data that needs to be assembled is enormous. It has led manufacturers, suppliers and distributors to seek software solutions. Several organizations have developed tools that track global product rules, request full material declarations from suppliers, and manage supplier and manufacturer data.
What legislation compliance tools are available?
A number of industry groups (IPC, GADSL and JEDEC) have developed standard templates to facilitate data collection and information sharing. Some companies have joined product data sharing consortiums like BOMCheck, IMDS, and Granta/EMIT to make data gathering easier. Some have hired full service software providers to interface with suppliers and manage supplier product data on their behalf. Popular full service providers include Foresite/GEMS and SAP.
What’s next for legislation?
Hazardous substance legislation is here to stay. The amount of legislation is growing worldwide. A new set of electronic tools have been developed to assist companies in assuring compliance. If you haven’t reviewed these new tools yet, it's probably time you did.
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