RoHS Enforcement in LEADOUT EU Member States Low Cost Lead-Free Soldering Technology to Improve Competitiveness of European SME ELFNET Dissemination Event,

RoHS Enforcement

in LEADOUT EU Member States

Low Cost Lead-Free Soldering Technology to Improve Competitiveness of European SME

ELFNET Dissemination Event, San Sebastian, Spain, 1st – 2nd March 2007

Susana Escala,

on behalf of LEADOUT consortium

The Directives WEEE and RoHS

LEADOUT EU Members Implementation RoHS

Directive 2002/95/EC (27 January 2003): Restriction of the use of certain Hazardous Substances in electrical and electronic equipment WEEE

Directive 2002/96/EC (27 January 2003): Waste of Electrical and Electronic Equipment

ELFNET Dissemination Event,

San Sebastian, Spain, 1st – 2nd March 2007


Directive 2003/108/CE – Modification of the previous one

The Directives WEEE and RoHS

RoHS (“Reduction of Hazardous Substances”, 2002/95/EC)

- Deals with the ban of 6 substances within electronic components and products

- Mandatory since 1st July 2006

- Banned substances: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls and

polybrominated diphenyl ethersWEEE (“Waste electrical and electronic equipment”, 2002/96/EC)

- Deals with the pickup and recycling of certain products and devices within the EU and pushes the responsibility of the manufacturer to new limits







PROJECT BACKGROUND AND MOTIVATION

STRATEGIC OBJECTIVES

SME lack of knowledge and low level of LFS implementation

Lack of Research work regarding low scale production (small series)

European Benchmarking of LFS process

Development/implementation of low cost lead-free soldering processes to support SMEs in meet the EU directives

Establishment of process quality standards, reduction of defect rates, improve reliability and therefore competitiveness

Improve Health and Safety awareness and pollution prevention




European Lead Free soldering NETwork

RTDs

SMEs

IAGs




RoHS in FRANCE*

RoHS and WEEE transcribed in French law (very similar to original

EC text) by Decree 2005-829 (20 July 2005) of Ministry of Ecology

and Durable Development

- Title II → RoHS

- Titlle III → WEEE

First Statute, 25 November 2005: adds 16 exemptions to the list of equipments not subject to RoHS restriction (e.g. Microprocessor leads and the lead in wire bonding)

Second statute, 6 July 2006: extention of the list with 5 more exemption

*Source: JEMI-France




RoHS in FRANCE*

ADEME (Agency for Developing and Mastering the Energy) is in charge of listing the producers for WEEE treatment.


EU legislation: list of applicable texts

Directive 2002/96/CE “WEEE”

Directive 2003/108/CE

Décision 2004/249/CE «Rapport EM»

Décision 2005/369/CE «Formats de données EM»

Directive 2002/95/CE “RoHS”

«Adaptation au progrès technique» Décision 2006/618/CEDécision 2005/717/CEDécision 2005/747/CEDécision 2005/310/CE




RoHS in FRANCE*


National legislation: list of applicable texts

Décret 2005-829

Arrêté du 23/11/2005 «Agrément DEEE professionnels»

Arrêté du 23/11/2005 «Traitement DEEE»

Arrêté du 13/03/2006 «Registre national des producteurs»

Arrêté du 25/11/2005 «RoHS»

Arrêté du 06/12/2005 «Agrément DEE ménagers»

Rectificatif à la loi de finance 2005 «Contribution visible»

Décret 2005-1472 «Plans départementaux»

Code de l’Environnement Art.L541-10-2




RoHS in SPAIN*

*Source: AETIC/APROTECH

ROYAL DECREE 208/2005 (25/02/2005) by the Spanish Ministry of Environment

Under RD 208/2005 the PRODUCERS of electrical and electronic equipment are Individual or legal entities:

- Who manufacture and sell electrical and electronic equipment under their own brand;

- Who put equipment manufactured by third parties on the market under their own brand

- Who import from or export to other countriesAll producers of EEE must be registered at the National Register of Industrial Establishments




DISTRIBUTORS shall not be considered to be producers in the brand of the producer appears on the equipment and the owner of that brand is registered on a State level in the special section of the Register of Industrial Establishments

RoHS in SPAIN*

The LEGISLATION applies to manufacturers, importers, distributors and users of all categories of electric and electronic equipment – Annex 1 RD 208/2005


Although some Spanish laboratories have the right equipment to test, there is

neither European nor National Legislation establishing what kind of TEST

should be implemented

Regional Governments Consume Departments

– in charge of Vigilance, Inspection and Sanction procedures




RoHS in SPAIN*


Concerns/Frequently Asked Questions:

Is there a list of exempted products?

What is going to happen with those products that are in stock and are no

longer valid to be put on the market according to new legislation?

What is the suitable definition for “put on the market”?

How are going to do the authorities the inspection and saction procedures?




RoHS in SPAIN*


Feelings:

- 95% of the companies had enough information about RoHS directive

- 90% of the polled companies had started the transition to lead free technologies

- Alternative solders to SnPb 63-37, alterations in designs and lead free components availability were the most repeated concers

- Currently, close to 90% of the delivered components are lead free (even some components are no longer available in lead technology)

- Most of the Spanish manufacturers have changed their equipment to bear lead free (just companies working with products exempted in RD 208/2005 still have not changed)




RoHS in PORTUGAL*

*Source: ANIMEE

RoHS and WEEE transcribed in Portuguese by a law by decree

230/2004, dated 10 December 2004

Defines the Juridical Regime of:

- Management of the Waste of Electric and Electronic Equipment

- Management of the use of certain Hazardous Substances in EEE

*Contains the same objectives and principles of the EC Directives




RoHS in PORTUGAL*Regarding RoHS:

Scope of Application:

- EEE categories 1,2,3,4,5,6,7 and 10 (Annex IA of 2002/96/EC)

- Electric Bulbs

- Luminaires

Not Applicable to:

- Spare parts

- Reuse of EEE put in the market before 1st July 2006

After 1st July 2006, new EEE only without:

* Lead * Mercury * Cadmium * PBB

* Hexavalent Chromium * PBDE

Not Applicable to:

- Annex of the Directive

*Source: ANIMEE




RoHS in PORTUGAL*

Problems of Decret Law 230/2004

Transposes Directives based on different Articles of the EC Treaty:

- Article 175 for WEEE Directive (Minimum Requirements) and Article 95 for

RoHS Directive (Aims at Harmonising the legislation)

Main concern is Management of the WEEE and not RoHS

Some definitions must be different for WEEE and RoHS Management: Producer

and Place in the Market

New (after the Directive) Exceptions are not included

Nothing about the obligation of the Producer to declare HS free Products and how

to do it

DG Alfândegas (Customs) is not included as an Inspection Entity*Source: ANIMEE




RoHS in PORTUGAL*

*Source: ANIMEE

Conclusion:

The Portuguese Law by Decret 230/2004 has to be reviewed and replaced

* No info about When Status Quo:

No concrete additional Information was given to producers (responsible – Instituto dos Resíduos)

Meetings between Instituto dos Resíduos and Inspection Entities for advising → No definitive or clear instructions were given

The Associations of Producers are advising their Members to have a Declaration of Compliance, for each product, prepared by themselves

Instituto dos Resíduos is part of EU RoHS Enforcement Authority Informal Network that published, in May 2006, a “RoHS Enforcement Guidance Document” → it is expected that Portugal will follow the future common agreements of the 25 Member States




RoHS in UNITED KINGDOM*

*Source: TWI / www.rohs.gov.uk

Concerning RoHS:

Enforcing body in the UK: National Weights and Measures Laboratory, that works through a combination of documentation requests and product testing

Accessible Information can be found at: www.rohs.gov.uk

Feelings:

- Most companies are attempting to comply but very few are achieving full compliance of all their products to RoHS, usually because of component availability

- Many companies are also seeking exemptions for their products





*Source: TWI / www.netregs.gov.uk

Concerning WEEE:

UK regulations came into force on 2nd January 2007, a little behind most

other EU countries

Envolvement of several government bodies: Department of Trade and

Industry (transposing the directive into law), Environment Agency

(enforcement) and Department of Environment, Food and Rural Affairs

(Treatment facilities)

Accessible Information can be found at: www.netregs.gov.uk





*Source: TWI / www.netregs.gov.uk

In the UK, the timescale are:

15 March 2007: Producers to join a compliance scheme

1 April 2007: Producers to mark their products

1 July 2007: Producer responsibility for recycling and treating househld waste

Feelings:

- Most companies are looking to join a compliance scheme than do it themselves – such schemes will collect, treat and recycle the WEEE for a producer for a certain fee depending on the products

- Companies seem to be more unsure of WEEE – more complicated, especially whether their products are covered or not





*Source: SMART Group

In September 2006, SMART Group Lead-Free/RoHS Survey 2006 presented the following results:





*Source: SMART Group





*Source: ElectronicsWeekly

“RoHS: 99% compliance as enforcers sweep up”“Ninety nine per cent of products are ninety nine per cent compliant...”

“We are not in business of putting business out of business, we are in the business of generating compliance”

“When we find poor compliance, we have been to see a company and worked with them, and their compliance has gone up.”

“We have spoken to a range of these companies, large and small, and 20 per cent – even some of the multi-million turnover companies – have the view that they are not ‘producers’ in the terms of the Directive, even though they are”

“The most common faults...are on rework where lead-inclusive solder has been used and where there has been hand soldering, on flying leads for example”

...says Chris Smith, Head of UK RoHS enforcement




RoHS in DENMARK*

*Source: ITEK

The implementation of the RoHS Directive into Danish Law is a 1:1 mapping

RoHS Directive implemented as Statutory Order issued by the Danish Ministry

of the Environment

- As Statutory Order No.1008 of 12 October 2004

- In August 2006 as a new Statutory Order – Statutory Order No. 873 of 11

August 2006 which replace the previous one. The new Stutory Order includes

the exemptions from the Commission until mid 2006




RoHS in DENMARK*

*Source: ITEK

- RoHS enforcement: Enforcement by the Chemical Inspection Service

which is in charge of the Danish Environmental Protection Agency (supervision of

legislation regulating chemicals in Denmark)

- Company concerns:

-“What’s in and out of the Directive?” and “Put on the Market definition”

Note: The Chemical Inspection Service will launch a one-year campaign in June

2007. Primarily, samples will be picked up in shops. The campaign findings will be

presented in a report.




RoHS in ITALY*

*Source: Camera di Commercio di Milano

The EU Directives (RoHS and WEEE) became operative through the entering into force of the Legislative Decree 151/2005 (1st July for RoHS and 13th August for WEEE)• The decree law is effective as of 13 August 2005 but its full implementation has been August 2006, as it has been necessary to create an operational infrastruture

• To date, registration in Italy is only for manufacturers, importers and distributors located in Italy.

• Companies located in Italy importing ad distributing foreign electrical and electronic products will be considered as “producers”.




RoHS in ITALY*


1. Creation of new supporting tools for companies implementing the lead-free soldering method

Sectorial Associations have created guidelines and supporting documents to help companies to face new leadfree methodology

Italian Electrotechnical Committee (CEI), Italian Independent Body:

- Drafted a Technical Guide for the RoHS application, considering the technical and organisational aspects and offering practical support to its implementation. It also addresses environmental protection (link to the WEEE Directive)

Concerning RoHS implementation....




RoHS in ITALY*


Technical Guide for the RoHS application

Characteristics

- Drafted by CEI, an Italian Independent body, with the cooperation of ANIE (National Association of Electric and Electronic Companies), IMQ (Institute for the Quality Certification) and some resercah centres

- Checked by Public Entities (e.g. Ministries)

- based on experiences and results from WG3 IEC

Structured through:

-General principles

-Rohs Directive: contents and basic definitions

-RoHS and WEEE – Environmental protection

- Other Directives for Environmental protection




RoHS in ITALY*


2. Elaboration of models/documents for the product certifiation concerning RoHS compliance

- RoHS product certification is not mandatory for producers and distributors

- A producer, to check RoHS compliance, has to control each component → it’s important to be sure that the suppliers guarantee RoHS compliance of their products

→ carrying out chemical analysis → good solution, expensive but safe

→ request of a special declaration from the suppliers → less safe but cheaper




RoHS in ITALY*


3. Creation of special marking to be put on the products

The producer decide independently which marks can be used: no compulsoriness but can be requested by customers for storehouses management




RoHS in ITALY*


Concerning WEEE Directive...

Delay in the definition of the collection strategy for electric and electronic waste → practical decrees (providing function modalities and operational aspects) have not been published on time

Last decree “Milleproroghe”, 28th December 2006 → date for starting the collection of electronic and electric waste: 30th June 2007

Producers have to create and finance collection and management systems for electric and electronic waste. Producers are also responsible for hazardous substances (eg. Mercury and Lead) and have to replace them in the new productsDistributors have to withdraw the waste for free when a new product is bought

Missing decrees – Decree on the forced subjects and Decree for the establishment of a control and supervision committee – shuld be ready shortly




RoHS in GERMANY*

*Source: DVS

Electrical and Electronic Equipment Act, or ElektroG

Act Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment

The EC Directives are transposed to German law through Electrical and Electronic Equipment Act, or ElektroG, of 16 March 2005

The law ElektroG is about to control the nonpolluting disposal of electrical and electronic goods and came into force at March 2005




RoHS in GERMANY*

*Source: DVS

• In the future, a standardized symbol shows the end-consumer that these products are not to be considered as domestic waste, but have to be collected at local collecting points

• Waste collected by the manufacturers directly, under supervision of an authority to be established in each Member state, which will be responsible for the organisation of the WEEE

• Within Germany, the registration of waste materials to meet the WEEE had to be done until 24th November 2006. Since 24th March 2006, the products have to be marked




RoHS in HUNGARY*

The implementation of the WEEE and RoHS Directives into Hungarian Laws:

264/2004 Decree of the Government

Regulation of collecting of WEEE

15/2004 Decree of Ministry Environment and Water *

Detailed rules for handling of WEEE

16/2004 Decree of Ministry Environment and Water *

Regulation of application of materials according to the RoHS in electrical and electronic devices.*The decrees were amended by changing of EC directives.




RoHS in HUNGARY*

*Source:Ministry of Environment and Water

0,00

20,00

40,00

60,00

80,00

100,00

120,00

140,00

160,00

2003 2004 2005 2006 2007 2008

WEEE in households

(tonns)

collected

recyling

recovering

burnig in power station

WEEEs in Hungary

Waste are collected by a wide networks and alliances, established by the manufacturers under supervision of Environmental authority which will be responsible for the organisation of the WEEE.




RoHS in HUNGARY*

Important deadlines in the Hungarian rules

• 1 of July 2006 to finish the production of equipment contained materials according to the RoHS• 31 of December 2008 to achieve the collecting of 40 000 tons in WEEEs

Guides for the companies

The companies interesting in materials and tools in lead free soldering or in the collecting of WEEE have created guidelines and supporting documents, websites to introduces the new lead free technologies as well as the rules of managing the WEEE.




On behalf of LEADOUT consortium,

THANK YOU for your attention!

Dont’ forget to visit us at:

www.leadoutproject.com

Documents

RoHS Enforcement in LEADOUT EU Member States Low Cost Lead-Free Soldering Technology to Improve Competitiveness of European SME ELFNET Dissemination Event,