RoHS Problems on the Horizon

This is the Recycling Policy NewsBriefs Email Bulletin for Raymond Communications, Inc. College Park MD, publishers of State Recycling Laws Update and Recycling Laws International.

All material copyright 2004, Raymond Communications; permission to reprint or forward with credit.
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June 28, 2004
RoHS Implementation Called a 'Disaster'

While it could cost the electronics industry $1 billion to re-design products to comply with the heavy metals ban in Europe (RoHS), the effect could be even more devastating for many smaller suppliers, according to a new article in the June online edition of Recycling Laws International online. (http://www.raymond.com ).

RLI Publisher Raymond Communications is holding a teleconference July 14, to provide a status report on RoHS implementation, and give suppliers an opportunity to question a UK regulator on the issues. (http://www.raymond.com/conference ) The teleconference is co-sponsored by RETROBOX (http://www.retrobox.com/rbwww/home/Asset_Retirement_Services/index.html ) *

"This is the biggest compliance issue the industry has ever faced.," says Harvey Stone, a consultant with the GoodBye Chain Group, which specializes in RoHS compliance issues. "However, the vast majority of the smaller suppliers are not aware of the directive."

Component suppliers that cannot provide heavy metal-free product will not be able to sell to their international OEMs, he says. He predicts a shakeout. "Out of compliance may mean out of business in the future," he warns.

Meanwhile, compliance managers from a number of top electronics firms are discouraged that the Technical Adaptation Committee at the European Commission seems no closer to making any decisions on clarifying exactly which products and components have to be heavy metal-free by July 2006 under RoHS.

The European Commission has not reached a consensus on the definition of "homogenous materials." This issue is critical to circuit board designers, because the definition will tell them if, for example, they have to reduce the lead to 1000 ppm in the entire circuit board assembly, in components of the board, or in all materials, including the coatings.

"This is a disaster," comments Kris Pollet, a lobbyist with White and Case who represents Japanese electronics makers. "Distressing," comments Paul Quickert, a compliance manager with Hewlett Packard, Palo Alto, CA. "The EC has abrogated its responsibility to establish RoHS as an Article 95 Directive!" This is the Article which harmonizes the standards across the EU. In the absence of clarity, the 25 member states are left to their own interpretation , and Quickert fears an impossible patchwork of country-level requirements.

He also expressed concern that in the absence of clarity from the EC, other countries -- including China -- will move forward with various RoHS definitions that are more stringent. (See full story online.) The UK Department of Trade & Industry plans on issuing some guidance by early July.

Steven Andrews, the RoHS expert at DTI, will provide new information on how the DTI is proceeding to implement RoHS by at the July 14 teleconference. Compliance experts at Dell Computer will provide a summary on the status of industry's efforts to phase out the heavy metals, including NEMI initiatives, as well. To register, go to http://www.raymond.com/conference or call 301-345-4237

Issue Background:
A Brief Summary of some of the RoHS issues that remain unclear:

1. Whether the six heavy metals (lead, cadmium, mercury, chromium VI, Octa- & Penta-BDEs) need to be phased out (no more than 1000 ppm) in:

a. The assembly (eg: a circuit board)

b. The component (eg: each part of a board that can be disassembled eg: each chip; the plastic board ,etc.)

c. In materials - each material used in the board

2. Whether deca-BDEs will be banned, or whether the EC will accept new recommendations from its own study.

3. Definition of a "server," (it could mean all manner of PCs)

4. Testing: Exactly how far companies must go to test their components -- grind them up? Some say yes, but the ARA study implies the environmental benefits does not merit grinding up all parts!

5. Testing standards - not set - Quickert says they cannot have testing standards until the EC clarifies the other issues.

6. Forms - will companies have to use the long forms drafted by EIA/EICTA and Japanese companies? This involves 40 substances delcarations, and many pages. Will different countries require different declarations?

7. Labeling: Will countries start requiring different labels to show compliance?

8. Enforcement: Numerous experts have told RLI the member states are not prepared to enforce RoHS. In fact, one board maker says its not possible to test for chromium, because the directive only bans Chromium VI, but not the others * the breakdown is not readily checkable. Moreover, there is a concern over 'free riders' and Internet sales.

* RetroBox is the leading provider of IT disposal and recycling services that helps companies lower their TCO and mitigate privacy and environmental risk associated with e-waste.

Special Thanks to our regular sponsor - Foresite Systems Ltd. (http://www.foresite.org ) Foresite's extensive software system now includes modules to help you manage your waste electronics fees, and RoHS material declarations as well.
Sincerely,
Michele Raymond
Publisher
michele@raymond.com
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