EU RoHS Directive Amendments and Countermeasures The EU RoHS Directive (2002/95/EC) is currently being amended. The restrictions in Annex 17 of the EU REACH will come into effect on June 1, 2009. This article aims to briefly analyze the potential impact and countermeasures of the amended RoHS Directive, starting with the background and main contents of the amendments. It argues that incorporating the approach of Hazardous Substance Process Management (HSPM) from IECQ HSPM QC 080000 is the best choice, and that IECQ HSPM QC 080000 can also be applied to address the restrictions on hazardous substances and elements under the EU REACH regulation. Background of the EU RoHS Directive Amendments The EU RoHS Directive (2002/95/EC), published on January 23, 2003, and effective on July 1, 2006, has had a positive effect on the control of hazardous substances in electrical and electronic equipment entering the EU market, and has had a significant impact on the exports of the global electrical and electronic industry, including China's electrical and electronic industry. At the same time, the implementation of this directive has also encountered some problems, such as uncertainty regarding its scope, unclear terms and definitions, differences in product conformity assessment methods among member states, less-than-ideal market surveillance activities, inconsistencies with other regulations or technological advancements (e.g., REACH/EuP), exclusion of medical devices and control and monitoring instruments, and overlap with other EU regulations, all of which lead to unnecessary administrative costs.

Effective May 1, 2009, the European Union banned the sale of consumer products containing dimethyl fumarate (DMF). Products already on the market containing DMF were to be withdrawn, and those already sold to consumers were to be recalled. European Commission Decision 2009/251/EC stated that DMF was found in furniture and footwear sold in several EU member states and was a major cause of harm to consumer health. According to clinical trials, DMF is a biocide that prevents leather products from mold in humid climates. DMF is often contained in small pouches inside furniture or added to shoe boxes. DMF evaporates and permeates into the product, preventing mold growth; however, it can also penetrate clothing and reach the consumer's skin, causing contact dermatitis, itching, irritation, redness, and burns. In some cases, it can even cause breathing difficulties. Commission Decision 2009/251/EC applies to all consumer products, as well as products that, even if not intended for consumer use, may still be used by consumers. According to the resolution, from May 1, 2009, products containing DMF shall not be allowed on the market. Member States must ensure that products containing DMF have been withdrawn from the market and from consumers, and ensure that consumers are fully aware of the dangers of such products. Products containing DMF are defined as products or product components containing DMF (e.g., packaged in one or more small bags), or products or product components with a DMF concentration exceeding 0.1 mg/kg (0.1 mg/kg) by weight.

On March 23, 2009, the Okö Institute and Fraunhofer IZM, representing the European Commission, publicly released an assessment report on the exclusionary provisions for existing and new applications under RoHS Directive 2002/95/EC. The review examined 29 exclusion clauses, and recommended the removal of the following 7 from the exclusion clauses: Clause 16 – Lead in linear incandescent lamps (2006/310/EC) Clause 18 – Lead as activator in the fluorescent power of discharge lamps (2006/310/EC) Clause 19 – Lead with PbBiSn-Hg and PbBiSn-Hg in specific compositions (2006/310/EC) Clause 20 – Lead in oxide glass used for bonding front and rear substrates of flat fluorescent liquid crystal displays

Since the first edition of the Guide to Greener Electronics in August 2006, Greenpeace has updated its assessment every three months. The latest eleventh edition was released on March 24, 2009, evaluating 17 world-renowned manufacturers, covering products such as computers, mobile phones, televisions, and game consoles. The assessment focused on 15 criteria, continuing the key points of the eighth edition: whether products use specific hazardous substances, whether they fulfill their responsibility to recycle waste products, and improvements to their climate and energy-related policies and practices. Nokia retained its first place with 7.5 points, Samsung remained in second, and Philips jumped from fifteenth place to third, tying Sony Ericsson, due to its effective and feasible recycling plan. Dell, Lenovo, and HP all suffered point deductions and lower rankings because they failed to meet their previous commitments to remove hazardous substances—polyvinyl chloride (PVC) and brominated flame retardants (BFRs)—from their products by the end of 2009. HP stated that there are currently no effective alternatives to polyvinyl chloride (PVC) and brominated flame retardants (BFRs), and therefore it will strive to improve this as soon as possible. Dell, on the other hand, pledged to reduce greenhouse gas emissions by 40% by 2015. Fujitsu Siemens was not included in this assessment because it was revised on April 1, 2009.

The new EU RoHS Directive is expected to take effect in 2014. According to Article 4, Paragraph 7 of the draft EU RoHS Directive COM(2008) 809/4 (downloadable from the attachment), "When a chemical substance poses an unacceptable risk to human health or the environment, especially substances listed in Annex III (HBCDD, DEHP, BBP, DBP), the assessment must be conducted on a EU-wide basis. The limits for restricted substances listed in Annex IV should be reassessed in accordance with Articles 69-72 of the REACH Regulation." Therefore, it is estimated that the new RoHS will not add any restricted substances, but will depend on the results of future risk assessments. The new RoHS Directive is expected to be published after the European Parliament elections in June 2009, and its official entry into force is expected to be in 2014. – Reference source: SGS Newsletter 2009-03-02 – Translated by Plastics Industry Technology Development Center – For reference only, please refer to the original text. Other related files download: COM_2008_809_4.pdf

EU Cosmetics Law Restricts the Use of Several Substances The European Commission's Official Journal published a new Directive (2009/6/EC) on February 5th of this year, amending Directive 76/768/EEC on Cosmetics. This directive bans two substances (one of which may be present only in trace amounts) and allows the use of three substances, subject to certain conditions. Directive 2009/6/EC will be implemented in all 27 EU member states, and traders selling cosmetics in any member state must comply with the new regulations. According to EU Cosmetics Law, "cosmetics" consist of any substance or preparation that comes into contact with multiple external parts of the human body (including skin, hair, nails, lips, and external genitalia) or teeth and mouth, and is intended specifically for cleansing, fragrance, altering appearance, eliminating body odor, and protecting related areas. Annex 1 to Directive 76/768/EEC lists cosmetics, including creams, lotions, lotions, gels and emollients for the skin, soaps, deodorants, perfumes, hair or nail care products, whitening and anti-wrinkle skin care products, and oral care products. The EU's "List of Cosmetic Ingredients" includes diethylene glycol (DEG), a solvent that controls viscosity and provides a covering effect. In July 2007, the Spanish government notified the European Commission that they had found toothpaste products containing up to 8.3% diethylene glycol. The EU Scientific Committee on Consumer Products considered the use of diethylene glycol in cosmetics to be dangerous, but safe at concentrations below 0.1%. Therefore, the new Cosmetic Directive...

The Argentine government will regulate phthalates. Starting March 11, 2009, the Argentine government will regulate the use of phthalates in children's toys and care products. In the future, all children's toys and care products manufactured, sold, or imported/exported within Argentina will be subject to a concentration of DEHP (di(2-ethylhexyl) phthalate), DBP (dibutyl phthalate), and BBP (butyl phthalate) not exceeding 0.1% (w/w). For products that may be put in a child's mouth, the concentration of DINP (diisononyl phthalate), DIDP (diisodecyl phthalate), and DnOP (diisooctyl phthalate) will be limited to 0.1% (w/w). Products transshipped through Argentina to other countries are not subject to this regulation. Manufacturers importing children's toys and care products into Argentina must submit a technical report prepared by the Centre for Technological Research and Development of the Plastic Industry of Argentina to prove that their products are free of regulated phthalates. Argentine regulations define "child care products" as finished products primarily designed and intended to help children fall asleep, relax, maintain health, and feed themselves. – Reference source: SGS newsletter (see attachment for original text) 2009-02-2

Enforcement Guidelines for the U.S. Consumer Product Safety Enhancement Act (CPSA) The U.S. Consumer Product Safety Commission (CPSC) continues to advance the implementation of various provisions of the CPSA of 2008, including new regulations concerning lead and phthalate content in certain categories of children's products, which took effect on February 10. Given the significant concerns raised by the U.S. business community regarding these new regulations, the CPSC has recently provided guidance on some important implementation and enforcement issues, summarized below. Draft Guidance on the Scope of the Phthalate Ban The CPSC has released a draft guidance aimed at assisting manufacturers, importers, retailers, and consumers in identifying which children's toys and childcare products must comply with the new phthalate content limits. The CPSC notes that, due to limited resources, it intends to focus enforcement efforts on products most likely to expose children to phthalates, namely bath toys intended for young children, toys that can be put in the mouth, and other small plastic toys. The Consumer Product Safety Commission (CPSC) is also consulting with the industry on its methodology for determining which products must comply with phthalate content regulations. The consultation period ends on March 25. According to the CPSC's definition, children's toys are "toys designed by manufacturers for children aged 12 years or under..."

China's version of WEEE announced: Electrical appliance manufacturers' costs are rising 5% Nearly three years after the EU's Waste Electrical and Electronic Equipment Directive (WEEE) was fully implemented, China announced China WEEE. On March 5, 2009, the General Office of the State Council of China officially issued State Council Order No. 551, officially promulgating the "Regulations on the Management of Recycling and Disposal of Waste Electrical and Electronic Equipment" that was reviewed and approved on August 20 last year. At this time, nearly five years have passed since the National Development and Reform Commission formulated the draft for comments. The just-promulgated Chinese version of WEEE can be traced back to 2004. After the European Union's "Waste Electrical and Electronic Equipment Directive" officially came into effect in 2003, the National Development and Reform Commission issued a draft of the "Regulations on the Recycling and Treatment of Waste Home Appliances and Electronic Products" as early as September 2004. Since then, many countries and regions, including Japan, South Korea, Switzerland, Taiwan, Canada, and some states in the United States, have also begun to step up the formulation of relevant laws. For example, Japan promulgated the "Household Appliances Recycling Act" and the "JEITA/JEMA Product Recycling Initiative" in 2006, South Korea promulgated the "Electronic Electrical Equipment and Vehicle Recycling Act" at the end of 2007, and California in the United States promulgated the "California Electronic Waste Recycling Act." The Chinese version of WEEE encountered setbacks in the process of soliciting opinions. A relevant person from Skyworth Group told reporters: "We saw this solicitation draft at the end of 2004, but it stipulated that the recycling costs of waste electronic products should mainly be borne by the manufacturers. , this fee accounts for about 10% of the product cost, which is

China promulgates the "Regulations on the Management of Recycling and Disposal of Waste Electrical and Electronic Equipment" The State Council of China announced the following information on February 25, 2009: "The 'Regulations on the Management of Recycling and Disposal of Waste Electrical and Electronic Equipment,' adopted at the 23rd Executive Meeting of the State Council on August 20, 2008, are hereby promulgated and shall come into effect on January 1, 2011." The "Regulations on the Management of Recycling and Disposal of Waste Electrical and Electronic Equipment," also known as China WEEE, consists of five chapters and 35 articles. The recycling, disposal, and related activities of waste electrical and electronic equipment listed in the "Catalogue of Waste Electrical and Electronic Equipment" must comply with the provisions of China WEEE. With approximately two years remaining before the implementation of China WEEE, the Chinese government will also begin formulating the "Catalogue of Waste Electrical and Electronic Equipment," the management methods for the collection and use of the waste electrical and electronic equipment disposal fund, and the standards for fund fees and processing subsidies for different products. The full text of the "Regulations on the Management of Recycling and Disposal of Waste Electrical and Electronic Products" can be found at the following URL: http://big5.gov.cn/gate/big5/www.gov.cn/zwgk/2009-03/04/content_1250419.htm – Source: Official website of the Chinese government

U.S. Consumer Product Safety Improvement Act - Phthalate Q&A Compilation (III) NO.4/2009 Does the ban apply to children's footwear or socks? Footwear and socks are not classified as children's toys or care products. Are personal flotation devices, such as life vests, regulated by the CPSIA? Specifically, should such products made for and intended for children be considered children's products under the CPSIA? No. Life vests are excluded from the Consumer Product Safety Act and are regulated by the U.S. Coast Guard. The CPSIA defines children's products as consumer products specifically made for children under 12 years of age. Because life vests are not consumer products, they are not regulated. However, toy life vests or flotation devices (such as "water wings") are regulated by the CPSC. Does the CPSIA consider pool toys and beach balls as children's toys? Pool toys, beach balls, inflatable rafts, and swim rings designed for children under 12 years of age are classified as children's toys. These items are used by children while playing in pools or on beaches, and therefore need to comply with the limits for phthalates under Chapter 108. What certifications are required for children's toys or childcare products regulated by the phthalate ban? Children's toys and childcare products manufactured on or after February 10, 2009, require general conformity certification, which is based on "testing each product or a reasonable set of tests." From September 2009, for children's toys...

The European Union officially adopted the internationally accepted chemical classification and labelling system. On December 31, 2008, the European Council published the official text of the new EU Regulation ((EC) No. 1272/2008) on the classification, labelling and packaging of chemicals and mixtures (CLP). The new CLP adopted the United Nations' Global Harmonized System for the Classification and Labelling of Chemicals (GHS), aligning the EU's chemical classification and labelling system with the globally accepted GHS system. The CLP officially came into effect on January 20, 2009, and the existing Chemicals Classification, Labelling and Packaging Directive (67/548/EEC) and Preparations Directive (Directive 1999/45/EC) were completely superseded on June 1, 2015. The implementation of the CLP was phased in. The old Directive on the classification, labeling, and packaging of chemicals was repealed on December 1, 2010, and the old Directive on the classification, labeling, and packaging of preparations (mixtures) was repealed on June 1, 2015 (see Figure 1 for details). The CLP primarily amended the existing Directive (67/548/EEC), with Annex I of 67/548/EEC being superseded. New classification elements, including hazard symbols and warnings (such as "Danger" and "Warning"), were introduced into the CLP. The CLP also amended relevant content in some major EU laws, regulations, and directives.

U.S. Consumer Product Safety Improvement Act - Phthalate Q&A Compilation (II) NO.3/2009 How to determine if a product is a children's toy that meets phthalate limits? Section 108 restricts the content of phthalates in children's toys and childcare products. Children's toys are consumer products manufactured specifically for play by children under 12 years of age. Determining whether a particular product is specifically designed for play by children under 12 years of age is based on the following factors on a case-by-case basis: The manufacturer's statement of intended use, including on the product label. Whether the packaging, display, advertising, or promotion is geared towards a specific age group. Widespread consumer perception that the product is intended for children of a specific age group. The Age Decision Guide issued by the Commission members in 2002, and any subsequent revisions to this guide. Manufacturers must provide the above requirements, and then consider whether the product is intended for play by children to determine whether it meets the definition of a children's toy. Whether a product is intended for play by children is the most fundamental consideration in the determination process. During the transition period, the committee plans to use the ASTM F963-07 toy standard as a guide. How can one determine if a product meets phthalate limits for childcare products? Childcare products are consumer products manufactured specifically to help children under 3 years old with sleep, feeding, breastfeeding, or teething. For example, rubber pacifiers/teething rings are teething aids.

Enforcement Guidelines for Section 101 – Lead Limits under the U.S. Consumer Product Safety Improvement Act of 2008 (CPSIA) NO.7/2009 The CPSIA, effective August 14, 2008, established lead limits for children's products. The CPSIA defines children's products as those primarily intended for use by children under 12 years of age. These products must meet new standards for lead content in children's products (600 ppm from February 10, 2009, to 300 ppm from August 14, 2009, and further reduced to a technically feasible minimum in 2011). The Statement of Commission Enforcement Policy, issued on February 6, 2009, outlined the enforcement guidelines after February 10, 2009. Its key points are summarized below: Section 101(b)(2) states that the new lead limits do not apply to components of children's products that are not accessible to children through reasonable use. Section 101(b)(4) states that Congress authorized the Commission to establish and publish rules limiting lead content in specific electronic devices. The Commission published a draft of this rule on 6 January 2009, and the Commission also hoped to implement it in 2009.

On January 30, 2009, the U.S. Consumer Product Safety Commission (CPSC) announced on its official website that it had decided to postpone for one year the implementation of the proposed testing and certification requirements for certain products manufactured and imported by manufacturers and importers, including products for children aged 12 and under, scheduled to begin on February 10, 2009. The Consumer Product Safety Improvement Act (CPSIA) adds product testing and certification requirements to all products that comply with CPSC regulations or prohibitions.