1. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 1 Elaboration of a RoHS market surveillance methodology in Belgium Denis POHL Head of Product Policy Unit Directorate-general Environment Federal Public Service of Public Health, Food Chain Security and Environment

2. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 2 Introduction Since July 2006, electrical and electronic equipment (EEE) brought on the European Market, has to be RoHS Compliance. This compliancy implies the restriction of six hazardous substances i.e. lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) and polybrominated diphenyl ether (PBDE) in EEE. To support the Belgian Inspectorate with the enforcement of this legislation, with the support of specialised consultants, an inspection campaign was worked out as training to gain experience in the different aspects of RoHS inspection. o

3. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 3 The different issues in this inspection process were sub-divided in 4 parts dealing with: 1.Context 2.Products and sampling guidelines 3.Analytical methods 4.Market surveillance

4. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 4 Context A representative of the industry in 2003: « You will never be able to enforce RoHS » Legal context: Article 4 of Rohs Directive (2002/95/EC):  “Member States shall ensure that, from 1 July 2006, new electrical and electronic equipment put on the market does not contain lead (Pb), mercury (Hg), cadmium (Cd), hexavalent chromium (Cr VI), polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE).” But there is no specification or recommendation in term of enforcement or market surveillance

5. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 5 2005/618/EC: Commission Decision of 18/8/ 2005 amending Directive 2002/95/EC for the purpose of establishing the maximum concentration values (MCV) for certain hazardous substances in electrical and electronic equipment –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 % by weight in homogeneous materials for cadmium shall be tolerated."

6. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 6  “Homogeneous material” = a material that can not be mechanically disjointed into different materials  “Homogeneous” = “of uniform composition throughout”  “Mechanically disjointed” = The materials can be, in principle, separated by mechanical actions (unscrewing, cutting, crushing, grinding and abrasive processes)

7. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 7 A plastic cover consisting exclusively of one type of non-coated plastics = homogeneous material An electric cable that consists of metal wires surrounded by non-metallic insulation materials = non-homogeneous material Components (transistors, diodes, capacitors,…) are not considered as homogeneous materials

8. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 8 Example of a semi-conductor package:

9. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 9 The interpretative documents: From EU Commission: Frequently Asked Questions on Directive 2002/95/EC on the Restriction of the Use of certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) and Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) From “EU RoHS Enforcement Authorities Informal Network”: “RoHS Enforcement Guidance Document” “The scope of the RoHS-Directive: Manual of decision”

10. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 10 Belgian legislative background: RoHS legislation was transposed through Belgian law on products norms aiming the promotion of sustainable consumption and production and the environment and health protection (Published on 21/12/1998) Inspectorate of the federal environmental administration is the enforcement body for the Belgian market Chapter VI of 21/1/1998 law defines the sanction For RoHS, foreseen sanctions are jail (from 8 days until 3 years) and/or fines (from 160€ until 4 000 000€) Possibilities of administrative transactions: from 160€ until 2 000 000€

11. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 11 Belgian technical background Inspectorate has experience with low concentrations of heavy metals in packaging (Dir 1994/62), but no experience with EEE’s which are complex products. A first study was realised in 2005: « RoHS substances (Hg, Pb, Cr(VI), Cd, PBB and PBDE) in electrical and electronic equipment in Belgium »

12. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 12 Logic of the study: –For which applications do we need the RoHS substances in the EEE? => risky applications/materials –Where do we find those applications? => risky components? risky products –In which products do we find those components? => risky products? –Complementary question: availability and cost of substitutes

13. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 13 Results and missing elements We know roughly the risky products and which part of them to check We still don’t know where to intercept the product, how to realise preliminary testing and the sampling, which analytical method in which laboratory,…  We need a specific external support for a first “testing” campaign Testing products but also methodology

14. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 14 Testing campaign Working assumption –Approach based on risky products and components –Cover a certain diversity in term of inspected components –To test two inspection ways: 1.declarations 2.testing products as far as possible (sampling issue) by XRF screening (and laboratory analysis) –Declarations: what is the added value of declaration? No declaration = no idea of product composition –Portative XRF screening: What is its reliability? Exactness of measurements and size limit

15. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 15 Products and sampling guidelines Objectives: –Define : product profiles for inspection Places for interception Components (and materials) to screen Product profiles –Cheap products from different categories (cheap = low quality control?) –For each product, test several brands including major brands –Components easy to scan (with XRF) => exclusion of compact lamps –Variety of typical EEE components

16. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 16 Selected products:

17. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 17 Clock radio and portable radio/CD player represent consumer electronics with many electronic components. The ink-based printer represents ICT-appliances, with many mechanical parts and the mobile phone represents one of the main groups of ICT appliances. The remote-controlled car represents toy and preferably it should be in bright red or yellow colours. The washing machine represents the large household appliances with extensive metal framework and many turned metal parts.

18. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 18 A garden lamp with solar cell is selected for the presence of opto- electronic semiconductors (solar cells). The hair dryer and the electric kettle represent the small household appliances and are most probably equipped with thermo fuses. The electric rechargeable screwdriver represents the electrical tools

19. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 19 Components or materials to check:

20. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 20 Examples of risky components Examples of labels that may contain lead or cadmium pigments: Coloured cables:

21. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 21 Lead solders: Mercury switches:

22. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 22 Sampling strategy:

23. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 23 Places to intercept the products B2C products No specific associated marketing (internet, temporary offers, profesional marketing, distance sales,…) => for this campaign: interception in the shops

24. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 24 Analytical methods Screening with portative XRF gives a first estimation –Need some precautions/recommendations –Not sufficient as legal evidence –Need a confirmation by laboratory

25. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 25 Draft IEC 62321 –IEC 62321 = compilations of EU and international standards –Analytical standards are commonly recognised as reliable –Still problems for Cr VI (quantity / surface  quantity / weight) PBB and PBDE (proposed method can cause thermal degradation => DecaBDE degradation?) Sampling (how to deal with the “homogeneous material” notion)

26. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 26 Type of laboratory –Accredited laboratory It’s the best option for obtain legal evidences Only one IEC 62321 lab in Belgium! lab’s are recalcitrant for investing in this method –ISO 17025 laboratories Are useful if they can demonstrate their capacity for the analyse of ROHS substances in the different matrixes (EEE materials as plastics, metals, composites,…)

27. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 27 Market surveillance Based on former steps, a market surveillance program was worked out. The complete inspection process was covered dealing with: on-site screening of RoHS related products with the portative XRF system selection of critical products and their components, confirmative analysis by an accredited laboratory documentation checking and final evaluation of the obtained results

28. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 28 Screening of products on-site:

29. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 29 A total of 88 electrical and electronic equipment was (non-destructively) screened on-site with the portative XRF system 112 XRF-scans were performed On 22 XRF scans (20 %) a measured concentration for one or more hazardous substances above the maximum allowed concentration was found 27 products were intercepted for further inspections (dismantling + lab)

30. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 30 Dismantling of the products

31. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 31 About 120 XRF measurements were performed with the portative XRF system on the products and dismantled parts 17 (14%) tested positive for Cd, Cr, Pb or Br/Sb (as indicator for the presence of flame retardants) using the spot-test screening procedure for detecting the presence of Cr(VI) on screws, 5 test samples indicate the presence of Cr(VI)

32. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 32 Analytical results Lead: All the exceedings of the limit value of 0.1 % Pb identified with the XRF screening were confirmed by the reference methods. The deviation of the results between XRF and the reference methods can always be related to the fact that the XRF measurements could not be performed under ideal conditions: –sample thickness –coverage of the XRF measurement window (1 cm x 2 cm)

33. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 33 Cadmium and mercury: Only 1 positive result for the presence of cadmium and none for the presence of mercury were observed with the portative XRF system on the selected products. These results were confirmed by the laboratory analysis on 2 samples, indicating that the XRF screening is applicable for testing the presence or absence of cadmium and mercury.

34. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 34 Cr VI: The spot test is a good and specific method for screening the presence of Cr(VI) in chromate coatings (of screws). But, an interpretation of obtained results with regard to the potential of the original sample to sustain the excess of Cr(VI) is needed.

35. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 35 PBB and PBDE: The Br/Sb ratio of these parts ranged from 1.7 to 2.8 for the four samples Three of the other samples had relatively high Br/Sb of respectively 4.5, 4,6 and 6.9 and did not contain PBDE The dataset is however too small to make any clear conclusions between the Br/Sb ratio and the presence of PBDE

36. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 36 Documentation checking: Most of the concerned companies do not have a comprehensive description of their RoHS Compliance system The absence of comprehensive descriptions may indicate that efficient Compliance Assurance Systems (CAS) are actually not in place for many producers (manufacturers or importers) For one product only, both CAS description and the product documentation was considered comprehensive

37. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 37 Useful documentation for inspectorate: RoHS Compliance Certificate from the importer and/or the producer of the product Test results supporting the Compliance Certificate for the specific product A general description of the RoHS Compliance Assurances System of the company placing the products on the Belgian market: for importers: including procedures for control of producers' CAS For manufacturer: including procedures for control of the component suppliers' CAS

38. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 38 Conclusions 27 seven products were intercepted and tested in laboratory after on-site screening 12 (44%) where non-compliant Portative XRF is a valuable screening tool No available documentation = non-compliant product (for this campaign) During 2009 campaign it was hard to find non-compliant products! Is the market +/- clean? Must we already adapt our method? For product selection on the market?

39. FPS PUBLIC HEALTH FOOD CHAIN SAFETY AND ENVIRONMENT 39 Thank for your attention More information? Please contact: Denis POHL / Johan Daniels Product Policy Unit PFS Health and Environment – DG Environment Place Victor Horta, 40 Box 10 B-1060 Brussels denis.pohl@health.fgov.be Johan.daniels@health.fgov.be