This article is a follow-up to my previous article, Buzzword Compliance, Electronics, and the Circular Economy.
I’ve spent more time looking into where the European Union is regarding their definition and implementation of the Circular Economy since my last article was published in early February. A draft regulation (an implementing measure under the Ecodesign Directive, 2009/125/EC) is currently wheeling its way through the approval process that would restrict the entire class of brominated flame retardants (BFRs) in display, monitor and television enclosures (and associated stands) due to recyclability concerns. In fact, these enclosures – large pieces of PC/ABS (generally) plastic – have no post-recycling market due to the BFR content so end up being incinerated; this is antithetical to material circularity. My assessment, while still entirely valid, must take this and related developments into account.
The European Commission mandated the CEN-CENELEC JTC10 joint technical committee to develop a series of standards related to “material efficiency aspects for ecodesign” covering the scope of the recast Ecodesign Directive (2009/125/EC). While initially scoped (in Directive 2005/32/EC) to cover “energy-using products”, the recast directive covers any manufactured product that has benefited from the use of energy at any point during its (or its constituents’) lifecycle…so it effectively covers everything that’s manufactured, regardless of whether the manufactured product consumes (or generates) energy during its use phase or not. CENELEC is the EU’s standards body for electronics, while CEN covers everything else (one can consider them the EU analogs of IEC and ISO, respectively).
- JT10 is producing the following standards:
- prTR 45550 - Definitions related to material efficiency
- prEN 45552 - General method for the assessment of the durability of energy-related products
- prEN 45553 - General method for the assessment of the ability to re-manufacture energy related products
- prEN 45554 - General methods for the assessment of the ability to repair, reuse and upgrade energy related products.
- prEN 45555 - General methods for assessing the recyclability and recoverability of energy related products.
- prEN 45556 - General method for assessing the proportion of re-used components in an energy related product
- prEN 45557 - General method for assessing the proportion of recycled content in an energy related product
- EN 45558:2019 - General method to declare the use of critical raw materials in energy related products (released)
- EN 45559:2019 - Methods for providing information relating to material efficiency aspects of energy related products (released)
These identify an interesting range of material efficiency/content, energy efficiency and recyclability/reuse aspects. As they are all “baselines”, the intent is to develop product/product-category-specific standards based on these. So we have a long way to go, in this regard.
In addition, the Commission will use these standards and the data obtained because of them to develop and implement legislation that will drive their agenda and change how you do business.
Forward-thinking manufacturers should review this “shot across the bow” against your product development processes and product definition and management methodologies. Understanding these potentially highly disruptive requirements will help you get ahead of this juggernaut, develop your supply chain and build market share.
An EU RoHS Update
While I covered the first step toward RoHS 3 in December, the opportunities for stakeholder involvement in two key developments step into high gear in the coming months:
· Oeko Institute will be holding a stakeholder meeting and the public stakeholder consultation for input on the substance selection methodology soon. The Commission expects this project to be completed by November 2019.
· The “Preparatory Study” on the RoHS review process defined by Article 24(2), which will lead to either a recast Directive to replace 2011/65/EU (which will properly be known as RoHS 3) or to another solution should RoHS as a Directive and process not be meeting its goals, was started last month. The public stakeholder consultation will also be starting soon.
Keep your fingers on the pulse of this one. DCA is offering a 2 hour training/education webinar on the RoHS Directive on April 23 (also available after that date for download). While part will be review, this is a critical time to ensure you have a solid and complete understanding of the RoHS Directive today and are prepared for the upcoming opportunities and obligations.
San Francisco Flame Retardant Ordinance
The Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products Ordinance, No. 211-17 ("Ordinance") was signed by San Francisco’s Mayor (Lee, RIP) on November 3, 2017 and partially came into effect on January 1, 2019. For Covered Products with electrical or electronic components containing or made with a flame retardant chemical at a level above 1,000 parts per million, this sales ban will go into effect beginning July 1, 2019. Such products include massage chairs, gaming chairs with embedded speaker and effect systems, motorized infant swings, and so on.
The regulations implement the ordinance, define compliance requirements and establish the mechanism for manufacturers and others to petition for a waiver. Beginning July 1, 2018, petitioners could use this form to submit a petition for a waiver from strict compliance from the ordinance.
Note that manufacturers of upholstered furniture or juvenile products that contain electronics should determine whether they will need to petition for a waiver since flame retardants are broadly used in electrical and electronic components and materials. Most manufacturers are going through their industry associations; if your products are in scope, and you have not yet addressed this, I recommend getting in touch with your favorite industry association or stop selling covered products in San Francisco.
Note, too, that the state of California passed legislation (AB 2998) that effectively extends San Francisco’s ordinance state-wide, but it excludes electronics contained in such products.
Contact
Visit DCA at www.DesignChainAssociates.com or email me with any questions or comments on this post.
