2. presented by Steve Andrews UK BERR The RoHS and EuP Directives - Latest Developments

3. The Restriction of Hazardous Substances (RoHS) Directive - EC Review and Other Developments

4. Background to the Review Article 6 of the original Directive Mandatory issues to be included: - - potential inclusion of WEEE Categories 8 and 9 in scope of RoHS - potential amendment to the list of substances, RoHS 6+

5. Additional Issues Relationship between WEEE and RoHS WEEE derogations applying to RoHS – Annex 1B, military exemption, Article 2.1 Other definitions – putting on the market, spare parts, EEE Enforcement Demonstration of Compliance The Mechanism for the approval of Exemptions

6. Two EC Consultation Papers Published March & December 2007 Attracted a range of responses (both within & outside Europe) from: – - EEE companies & trade associations - NGOs - Governments & Standardisation Bodies - Individuals

7. Outcome WEEE Categories 8 & 9 could be included, but..... WEEE and RoHS should be separated Need to clarify difference between REACH and RoHS Exemption process needed to be overhauled Market surveillance provisions should be in text Self-declaration & use of standards for compliance Global RoHS

8. Studies ERA report on Categories 8 and 9, published September 2006 http://ec.europa.eu/environment/waste/pdf/era_study_final_report.pdf ECB report on alternatives to Deca BDE – published January 2007 http://ecb.jrc.it/documents/Existing- Chemicals/Review_on_production_process_of_decaBDE.pdf Arcadis (formerly Ecolas) – draft final report published December 2007 http://ec.europa.eu/enterprise/environment/reports_studies/studies/dr aft_rep_study_rohs_directive_dec07.pdf

9. Timetable Direct stakeholder exercises now complete ECs Impact Assessment due to be finalised & followed by inter Services Consultation – July to September 2008 Publication of proposals – November 2008?, (TAC meeting scheduled for 24 November) Negotiations in Council & Parliament – 2009 New Directive coming into force – 2011/2012?

10. Other RoHS Developments ECJ Judgment on the Deca Decision – April 2008 Review of existing exemptions UK RoHS Enforcement

11. ECJ quashes the exemption for Deca BDE Mid-2006 - Denmark and the European Parliament bring case against EC to remove exemption for Deca BDE in polymeric applications Claim of technical irregularities in the way the exemption was adopted in October 2005 1 April 2008 – judgment published by the European Court of Justice (ECJ) 1 July 2008 – effective date for exemption annulment No appeal

12. Review of Existing Exemptions Requirement of Article 5.1(c) of the Directive October 2007 - EC appoint Öko-Institut and Fraunhofer IZM to study the current exemptions & assess a few new applications January, May and August 2008 – Publication of three consultation exercises. Latest closes on 8 October 30 October 2008 – Final report to EC due

13. RoHS Enforcement - UK Activities Over 250 investigations Issue of more than 20 Improvement Plans 10 Formal Compliance Notices Issued 2 Cases Brought to Justice End of First Year Report Published - www.rohs.gov.uk

14. RoHS Enforcement - UK Experience Investigations are usually complex Due Diligence Always Needs Testing Most Identified Breaches Tend to Result in Multiple Investigations Industry is Generally Cooperative and Responsive Investigations are often International Value of Documentation

15. RoHS Enforcement - EU Activities UK aware of Investigation Activity and Positive Action in most Member States, (through EC RoHS Informal Network) At least 8 Product Withdrawals Reported Cross Border Co-operation on Enforcement

16. The Ecodesign for Energy-using Products (EuP) Directive - Latest Developments

17. Reminder – Whats the EuP Directive? Its a framework Directive …outlining the requirements which EuPs must meet before being placed on the EC market …setting the eco-design parameters for energy- using products (EuPs) The framework will be applied to individual products through Implementing Measures – probably EC Regulations

18. EuP Scope In PRINCIPLE, very wide! Any energy using products… …except the means of transport Also covers parts which are intended to be incorporated into energy-using products

19. Implementing Measures can contain The scope of products covered Relevant application dates Generic and specific design requirements Measurement standards / methods Conformity assessment procedures Information requirements, (CE marking)

20. What form will they take? EC Directives – agreed at EU level and transposed into national legislation Commission Decisions – agreed at EU level and amend the framework Directive EC Regulations – agreed at EU level and directly applicable as national legislation in each Member State Note – new comitology provisions mean right of scrutiny for the European Parliament

21. First preparatory studies Boilers Water Heaters Personal Computers and monitors Imaging Equipment Televisions Domestic Refrigeration Washing Machines and Dishwashers Simple set-top boxes Battery chargers and external power supplies Office lighting Public (street) lighting Residential air conditioners Commercial refrigeration Motors, pumps, fans and circulators Solid fuel Boilers Laundry driers Vacuum cleaners Complex set top boxes Domestic lighting AND Standby Losses

22. Consultation Forum - update Eight meetings held to date: - First (June 2007) – Public Street Lighting Second (October 2007) – Standby proposals Third (December 2007) – Office lighting, plus boilers and water heaters Fourth (February 2008) – External power supplies, plus simple set top boxes

23. Consultation Forum - update Fifth (February 2008) – Boilers and water heaters again! Sixth (March 2008) – General lighting equipment, (domestic lighting part one!) Seventh (May 2008) – Fans, electric motors and pumps & circulators Eighth (July 2008) – Water heaters

24. Regulatory Committee First meeting held on 7 July 2008 Agreement amongst MSs on first IM EC Regulation for the Standby and off mode electric power consumption for electrical and electronic household and office equipment Similar (but narrower) scope than WEEE/RoHS Text now goes to Council and European Parliament for scrutiny

25. Regulatory Committee – IM Agreement Two phase introduction One year after Regulation has come into force -One Watt for off mode; One Watt for standby in reactivation mode; Two Watts for standby mode with information displays Four years after Regulation has come into force -O.5 Watt for off mode; O.5 Watt for standby in reactivation mode; One Watt for standby mode with information displays

26. Commission Work Plan Article 16 of framework - work plan due to established by July 2007 Intended to set out an indicative list of product groups to be considered as priorities for IMs for the following 3 years Draft Study published in December 2007 and contained 100+ products Revised list of 10 areas discussed at workshop – 28 May 2008

27. Commission Work Plan Air conditioning systems and heat pumps Machine Tools Electric and fossil fuelled heating equipment Refrigerating equipment Food preparing equipmentSound and image processing machines and equipment In house networking and data processing, storing and providing equipment Transformers Industrial and laboratory furnaces and ovens Water-using equipment

28. Timetable First Meeting of European Parliament Committee – 10 September 2008 Second Meeting of Regulatory Forum -scheduled for 26 September 2008 on tertiary lighting & simple set top boxes Third Meeting of Regulatory Forum – scheduled for 17 October 2008 on external power supplies Ninth Meeting of Consultation Forum – provisionally scheduled for September/October 2008 on Televisions

29. EuP Implementing Measures – Adoption Process

30. Websites for further information Europa web pages – http://ec.europa.eu/energy/demand/legislation/eco_design_en.htm and http://ec.europa.eu/enterprise/eco_design/index_en.htm BERR website - www.berr.gov.uk/sectors/sustainability

31. Finally, an update on Scope New proposals agreed as SCP package The scope of the EuP framework to be extended to energy-related products! These are any products having an impact on energy consumption during use

32. Thank you! Steve Andrews Sustainable Development & Regulation Directorate Department for Business, Enterprise & Regulatory Reform 1 Victoria Street London SW1H 0ET United Kingdom Email - sustainability@berr.gsi.gov.uk Website - www.berr.gov.uk/sectors/sustainability