Tuesday, 17 April 2018

EU ELV Annex II Status

Revisions of Annex II

CLEPA MATERIALS REGULATIONS EVENT 2018

STUTTGART

Reinhard Hoock

Pilot Expert Group Heavy Metals

2

EU ELV Annex II Status of Revisions

OVERVIEW

• Introduction

• ELV Directive Heavy Metals Ban and Annex II Revisionso 8. Revision Annex II released

o Upcoming Revisions

9. Revision

10.Revision

• Revision of ELV Directive

• Other Topicso Material Compliance

o Market Surveillance

o Reach: Metallic Lead Proposed as SVHC

• Summary and Conclusion

3

INTRODUCTIONELV Directive 2000/53 ECArticle 4.2 Material Restrictions

… Member States shall ensure that materials and components of vehicles put on the market after 1 July 2003 do not contain Lead, hexavalent Chromium, Cadmium and Mercury other than in cases listed in Annex II under the conditions specified therein.

Annex II is amended on a regular basis according to scientific and technological progress.…in order to exempt unavoidable uses … or to delete avoidable uses from Annex II.

§ 4.2a

Mercury in HID bulbs Lead in solder Lead as additive in elastomers Cr(VI) coating

4

REVIEWS ELV ANNEX IIDevelopment Since Year 2000

3. Revision2008/689/ EC

Aug.

2008

23

Directive 2000/53/ EC

Sept.

2000

13Amount of

Exemptions

Date

4. Revision 2010/115/ EU

Feb.

2010

31

8a -> 10 subentries

8a,c,d,e,f,g,h,

8b -> 8i, j

5. Revision2011/37 EU

March 2011

36

10 ->

10a,b,c,d

2. Revision2005/673/ EC

Sept.

2005

21

„repair as

produced“

principle

1. Revision2002/525/ EC

June

2002

22

background

concentration

levels considered

7. Revision

May

2016

37

8. Revision

Nov.

2017

39

2019 2021 ?

9. Revision 10. Revision6. Revision2013/28 EU

May

2013

36

8i exp. date

revised

8f 8f (a)

8f(b)

8h end date

8j end date

10d end date

review for

entries 8e, 8f(b)

and 8(g)

(EU) 2016/774

2c

split

5

split

Trend: Split of entries, more application specific scope

Review

scheduled

for entries

8(e)

8f(b)

8(g)

(EU) 2017/ 2096

5

8TH REVISION OF ELV ANNEX IIPublished Autumn 2017. Source: (EU) 2017 /2096 16.11.2017

Exemption 3: “ Copper alloys containing up to 4% Lead by weight ” review 2021

(1a) Applies to aluminium alloys where Lead is not intentionally introduced but is present due to the use of recycled aluminium.

Exemption 2(c)(ii): “Aluminium alloys not included in entry 2(c)(i) with a Lead content up to 0.4% by weight ” (1a)

Old Exemption 2(c) “ Pb in Al < 0,4% ” was split into 2(c)(i) and 2(c)(ii) :

Exemption 2(c)(i): “Aluminium alloys for machining purposes with a Lead content up to 0.4% by weight ”

review 2021

review 2024

6

8TH REVISION OF ELV ANNEX IIPublished Autumn 2017.

Exemption 5: Old exemption “Pb and Pb compounds in batteries” was split into 5(a) and 5(b)

(2a) Systems that have a voltage of >75V DC as defined in Directive 2006/95/EC of the European Parliament and of the Council of 12 December 2006 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (OJ L 374, 27.12.2006, p. 10).

Exemption 5(a): “ Lead in batteries in high voltage systems (2a) that are used only for propulsion in M1 and N1 vehicles ”

review 2021

expires for vehicles type approved after 1 January 2019

Exemption 5(b): “ Lead in batteries for battery applications not included in entry 5(a) ”

ANNEX II REVISIONS 9 &10

7

Source: Wikimedia Commons, free media archive

After revision is before nextrevisions…

New revisions are yetscheduled :

2019

2021

2024

9TH REVISION OF ANNEX II

8

• 3 entries scheduled for review by 2019

8(e). Lead in “high temp. solders” (numerous low amount uses today)8(g). Lead in flip chips (amount or uses to be clarified)

8f(b). Lead in “compliant pins” (numerous low amount uses today)

It is possible that additional items will be reviewed.

Start of stakeholder consultation is expected for summer 2018.

Three industry experts groups are active under umbrella of CLEPA to be prepared for the consultation and to work on items addressed in the last consultant report.

The expert group are open for all association members and support is welcomed.

9TH REVISION OF ANNEX II

9

8(e). Lead in high melting temperature type solders

• Required information

- technical / scientific based arguments for need of exemption- quantities of Lead used for entry 8(e).

typical applications for high melting temperature type solders (source IMDS ELV Annex II Interpretation Guide)

9TH REVISION OF ANNEX II

10

8(g). Lead in solders for “Flip Chips” 1)

• Required information

- technical / scientific based arguments for need of exemption- quantities of Lead used for entry 8(g).

1) Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages

typical applications for Lead solder within flip chip packages (source IMDS ELV Annex II Interpretation Guide)

9TH REVISION OF ANNEX II

11

8(f)(b). Lead in compliant pin connector systems other than the mating area of vehicle harness connectors

• Required information ”same procedure”

- technical/scientific based arguments for need of exemption- quantities of Lead used for entry 8(f) (b).- assessment of potential substitutes

typical applications for Lead in 8 (f) (b) (source IMDS ELV Annex II Interpretation Guide)

10TH REVISION OF ANNEX II

12

• Scheduled 10th revision looks similar to 8th revision

o Yet fixed is review for entries #3 Lead in copper alloys

# 2(c)(i) Lead up to 0,4 % in aluminium for machining purposes

#5 (b) Lead in batteries for battery applications not included in entry 5(a)

o Further revision of entries possible

o Last consultant report addressed a lot different items to be investigated for next revision

o Industry expert groups under umbrella of ACEA, JAMA, KAMA,VDA and well supported by further associations and as well by material or component producers are active to prepare the answers for the given tasks.

o If you would like to support the working groups contact your association. Support with technical expertise is very welcomed.

• Start of stakeholder consultation is expected for summer 2020.

9TH & 10TH REVISION OF ANNEX II

13

o In case of missing convincing technical, scientific based information,an exemption will be terminated.

o A big thank you to all who are supporting with their expertise the drafting of the applications for the stakeholder consultations.

END NEAR FOR LEAD BASED SOLDERING

14

source: WIKI commons Sanduhr

In volume production for EU vehicle production supply chain should be awarethat Lead-based soldering of electronic circuit boards is a phase-out model.

Availability of components suitable for Lead-based soldering may also becomechallenging.

REVISION OF ELV DIRECTIVE ANNOUNCED

15

• In a congress presentation from the EU COMM from March 2018 availability of a review proposal for the ELV directive was announced for end of 2020. More details are said to be included in waste package (adoption expected in April 2018).

Further statements:

“ELV directive De facto: an instrument to drive circularity in the automotive sector”

“Reduction of hazardous substances largely achieved”

• It is assumed that beginning of 2020 more information on the scheduled ELV directive review will be available. Changes in the directive before that time are not very likely.

MATERIAL COMPLIANCE

16

Developments:

• More reporting obligations for material compliance in manymarkets

• Disclosure of substance uses

• Intensified market surveillancee.g. in Asia and Europe

EU MARKET SURVEILLANCE IN UPDATE

17

“Article 1 Subject matter “…rules and procedures for the provision of compliance information about certain products, ……harmonising the conditions for the marketing of those products. …framework for cooperation with economic operators …This Regulation also provides a framework for controls on such products entering the Union market. ”

Proposed Regulation((2017/0353 (COD) )

… “Article 3 DefinitionsFor the purposes of this Regulation, the following definitions shall apply:

(1) ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(2) ‘placing on the market’ means the first making available of a product on the Union market;

(3) ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements under Union harmonisation legislation and do not endanger health, safety or any other aspect of public interest protection;

EU WTO Notification of Regulation G/TBT/N/EU/542 16 February 2018

METALLIC LEAD PROPOSED AS SVHC UNDER REACH

18

Metallic Lead is proposed by Swedish authority KEMI to be put on SVHC list of REACH.

Intention: - Knowledge of Lead uses- Triggering of substitution

Both targets are achieved for vehicles yet today via ELV directive material restrictions.

- Known uses: Look into Annex II is sufficient- Substitution: Yet ongoing since 15 years

Is there a need for more EU Legislation on Lead in Vehicles ?How to avoid double regulation ?

This and other questions will be part of an ACEA /Joint Associations statement tocurrent stakeholder consultation.

19

HEAVY METALS EMISSIONS 1990 – 2016 EU

source: https://www.eea.europa.eu/data-and-maps/daviz/emission-trends-of-heavy-metals-6#tab-chart_3

CONCLUSIONS.

20

Annex II Revisions will be ongoing. Currently 39 sharp cut exemptions allow limited HM uses.

Without giving evidence in stakeholder contributions for their need, and based on solid and convincing technical arguments, the exemptions will be deleted.

Careful creation of material data sheets helps to identify the need of exemptions.

The support of suppliers, associations, OEMs in the industry expert groups heavy metals is very appreciated and essential to obtain exemptions. Thank you to all for their contribution.

For being prepared towards the next revisions the work has started. The joint associations industry expert groups are open to welcome new members.

Back Up Slides

22

BACK UP INFORMATION

Sources:

Draft regulation laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation on products http://ec.europa.eu/transparency/regdoc/rep/1/2017/EN/COM-2017-795-F1-EN-MAIN-PART-1.PDF ; last accessed 03.04.2018

ECHA REPORT REF-4 REACh Annex XVII market surveillance

https://echa.europa.eu/documents/10162/13577/ref_4_report_en.pdf/b53f5cd9-64a4-c120-1953-e9e176b9c282

published 8.2.2018; last accessed 19.2.2018

8 Revision of Annex II ELI: http://data.europa.eu/eli/dir/2017/2096/oj last accessed 03.04.2018

COMM webpages

http://ec.europa.eu/environment/circular-economy/index_en.htm

http://ec.europa.eu/environment/waste/target_review.htm

http://ec.europa.eu/environment/waste/elv_index.htm

Waste package: http://data.consilium.europa.eu/doc/document/ST-6514-2018-INIT/en/pdf

EUROSTAT webpages

http://ec.europa.eu/eurostat/data/database

The information contained in this file is intended solely for the addressee.

Access to this document by anyone else is unauthorized. If you are not the

intended recipient, any form of disclosure, reproduction, distribution

or any action taken or refrained from in reliance on it, is prohibited

and may be unlawful. Please notify the sender immediately.

The content of this presentation is not legally binding.

Thank you for your attentionwww.acea.be@acea_eu