As a certification body working with manufacturers in the electrical industry to meet the demands of the Restriction of Hazardous Substances and Waste Electronic and Electrical Equipment legislation, ASTA BEAB has been carefully observing the development and implementation of the regulations. Here we take a look at the story so far and try to determine what might happen next.
It seems a long time ago that we were anticipating the implementation of the Restriction of Hazardous Substances (RoHS) and Waste Electronic & Electrical Equipment (WEEE) Directives. Respectively, these two items of legislation are intended to reduce the amount of harmful substances like lead and cadmium in manufactured products and to ensure electrical products are properly processed and recycled to preserve natural resources. They had been delayed by extended discussions as to what was and what wasn’t included in the scope of the Directives and because the necessary infrastructure had still to be developed. However the Directives are now active and some manufacturers have fallen foul of ambiguities of definition.
The implementation of the regulations has not been without a good degree of frustration for many. For example, as RoHS was introduced, the DTI coincidentally chose to reformulate their website, resulting in new locations for documents and broken links for information. Undoubtedly this was a kind of reverse serendipity to those searching for definitive opinions on particular products - and they must have had their sense of humour sorely tested.
The lack of a clearly defined scope also proved a headache for manufacturers. They had plenty of time to address the issues, but remained largely uncertain as to whether their products were or weren’t included under the regulations. Even now, many months into the implementation process there are still applications where substitutes for prescribed substances are sought and exemptions are still under consideration by the technical committees.
A key factor used to define whether a product falls under the remit of the RoHS and WEEE is the concept of a “Fixed Installation”. It has been the attitude that switchgear, and wiring accessories etc. forming the fabric of a building are outside the scope of the directives. However even the use of this basic concept is still under discussion by the authorities and they could yet be included. Manufacturers in particular are encouraged to keep in touch with their RoHS and WEEE service providers to ensure they are aware of any changes of scope within the legislation as soon as they arise. The issue is further complicated by certain grey areas with regard to some electrical installation equipment, as some of them, for example a shower, could be argued to be a complete product in its own right OR part of a fixed installation. In this case how are they categorised?
Anyone who has acted as referee in any sort of activity knows it to be an unenviable position. It is seldom possible to satisfy both, or sometimes either side. Though unpopular, it is a key role - and the appointment of the National Weights and Measures Laboratory (NWML) www.rohs.gov.uk as the UK’s national RoHS enforcement body (or referee!) has brought a degree of clarity and stability to the issues. It seems their view is that a product is included unless specifically excluded. This simple overview cuts through much of the debate that preceded implementation of RoHS.
With RoHS in the vanguard, the responsibilities and implementation of WEEE can also be more easily determined as generally, the same categorisations for products apply to both Directives.
The Role of Third Party Support
There are four areas where the use of independent third party support may be beneficial to producers.
1) With regards to RoHS, many bodies are offering services for risk analysis, tests and reports that can be used as part of a product technical file to support manufacturers’ Declarations of Conformity with the Directive. When a manufacturer chooses a service provider for these essentially scientific services, prudence would suggest selecting one with already proven systems, perhaps using UKAS or similar accreditation as evidence of credibility.
2) Also for RoHS, once the design has been proven, questions of the manufacturing process can be addressed. Are sufficient processes and controls in place to monitor and highlight the entry of hazardous materials into the production process? Are material declarations being completed properly by authorised and qualified personnel? To this end, various auditing bodies have added modules to their ISO9001 activities - usually based on recognised methodology and undertaken at the same time as a quality management audit – this separate certification is aimed at helping a manufacturer support their declaration of conformity with the Directive.
3) As a producer, it is an obligation to join a Producer Compliance Scheme (PCS) to discharge the obligations for EEE. A list of approved schemes is available through the Environment Agency website (www.environment-agency.gov.uk). Examples of the responsibilities are provided for registering as a producer, reporting data on EEE put on the UK market, and financing any costs of collection, treatment, recovery and disposal of WEEE in line with the notified obligations.
4) Finally for WEEE, while a distributor can take responsibility for the take back of WEEE themselves, third party support is available in the form of the Distributor Take-back Scheme for example, like that operated by Valpak - who for a fee, shoulder the logistical burden of the treatment and processing of WEEE and who are also recognised by the enforcement authorities. Documentation from these schemes can also be used to support a Declaration of Conformity.
(http://www.dti.gov.uk/sites/www.voltimum.co.uk/files/file38209.pdf is invaluable for guidance on responsibilities)
It seems that securing compliance with the RoHS legislation has been achieved without the enormous pain and uproar that was anticipated when the legislation was first announced. This may be due to a consultative approach adopted by NWML, however it can be imagined that this “success” will give the legislature confidence to extend the existing scope of the Directive to include more products, tighter limits on restricted substances and a wider list of the substances themselves.
The implementation of the WEEE Directive in the UK has so far been seemingly less successful. At time of writing it has been reported (the figures vary between sources) that less than 50% of those organisations in the UK who have a responsibility under the WEEE Directive (Manufacturers and retailers predominantly) have registered with any of the processing, treatment and recycling schemes that have been set up to help them comply. The deadline for registration has passed, but many companies simply haven’t registered. It could be they have decided to go-it-alone and organise the processing of WEEE themselves, but the UK Environment Agency who are policing WEEE in the UK are working to encourage more companies to register with the schemes. As to what percentage of companies will actually face prosecution for failure to comply (and when) no one can say, but inevitably it will take some prosecutions to jolt others into action.
Is the legislation positive?
Despite the stumblings and issues with RoHS and WEEE implementation so far, the legislation is positive. From the viewpoint of those aiming to create a sustainable environment, this should be welcomed for the long-term benefit of mankind. Using less harmful substances in product production will reduce the amount of potentially hazardous carcinogens that are being put into landfill at the product end of life. WEEE will ensure the volume of material being dumped itself will be reduced and precious raw material will be recycled.
From an electrical manufacturers perspective, RoHS legislation will positively challenge them to refocus their product development to improve products and components for reasons other than safety, performance and of course cost, enabling them to be even more inventive and innovative. For electrical contractors and consumers they can now rest easier that a product or component they purchase is less harmful to the environment (and potentially human health) than it may once have been and that when a product reaches its end of life it will be properly processed and recycled.
While lessons could be learnt from the process of development and implementation of ROHS and WEEE, it has largely been a positive change for the electrical industry and the ongoing achievement of such an ambitious framework should be applauded.
