Compliance and Risks       
       Compliance and Risks       
               
       Quarterly newsletter  August 2017       
               
               
      
In this issue →

Letter from Joe Skulski, CEO
News Alerts
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What's Trending in
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RoHS Compliance
  Terminology

China Gets Busy on EH&S
UAE RoHS Translation
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Welcome to the latest edition of Connect!

As we monitor regulatory developments across the world for our clients, Compliance & Risks is in a great position to discern insights into trends across industries.

Joe Skulski CEO
Compliance & Risks
In relation to Environmental, Health & Safety (EH&S) regulations we are seeing a lot of changes around the world; from China to the Middle East and North Africa (MENA). Make sure you read our ‘China gets busy on EH&S’ article for more information on how the country is changing its approach to regulation. Also our recent webinar on ‘EH&S Challenges and Opportunities in the MENA Region’ highlighted the major trends in this area, and you can still view it here.

For anyone selling to consumers in Europe, regardless of where in the world you manufacture, don’t miss our free webinar on ‘Consumer Product Safety Reporting in the EU – What Manufacturers Need to Know’ which is taking a look at the requirements of the EU General Product Safety Directive, as well as its proposed replacement, the Draft Product Safety and Market Surveillance Package.

Our knowledge partner, Michael Kirschner of Design Chain Associates, has written a thought provoking article for us on RoHS terminology which is well worth the read.

In addition, we have a round up on what's trending in compliance, as well as a sample of regulatory activity across areas like chemicals / hazardous substances, climate change, conflict minerals, product safety, energy efficiency, wireless and e-waste.

Please enjoy the read!

Yours in compliance
Joe Skulski


 


 
 
 
 
 
 
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       Quarterly newsletter  August 2017       
               
               
      
In this issue →

Letter from Joe Skulski, CEO
News Alerts
Free Webinars
What's Trending in
  Compliance?

RoHS Compliance
  Terminology

China Gets Busy on EH&S
UAE RoHS Translation
Contact us

News Alerts

Our compliance team track regulatory changes around the world to keep our clients up to date on exactly what they need to know. Here are some samples from the last few months.
Chemicals, Substances and Materials

12 new substances were recently added to the REACH Authorisation List (Annex XIV), bringing the total to 43. The EU also enacted the long-awaited Conflict Minerals Regulation establishing a supply chain due diligence system in order to prevent trade in tin, tantalum and tungsten (3Ts), their ores, and gold from armed groups and security forces in conflict affected or high-risk regions. In addition, the EU Commission enacted Decision (EU) 2017/1210 which identifies four phthalates (DEHP, DBP, BBP, and DIBP) as Substances of Very High Concern (SVHCs) due to their endocrine disrupting properties.

South Korea published an announcement proposing to amend the Enforcement Decree of Registration and Assessment of Chemical Substances, which would place restrictions on the use of SVHCs and improve the chemical substances registration process.

Taiwan published a Notice Requiring Additional Handling Information for Certain Priority Management Chemicals.

In Turkey, the long-awaited Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (KKDIK) was enacted which is modeled on the EU REACH Regulation in both form and content.

Climate Change

The big news on the climate change front this quarter was the announcement by US President Donald Trump that his Government was withdrawing from the UN Paris Climate Change Agreement. Formal notification was deposited with the UN on 4 August.

On a more positive note, Sweden enacted its Climate Policy Framework Act which legally binds them to reach net-zero emissions by 2045.

Croatia announced the launch of a public debate on the draft Strategy for Low-Carbon Development for the period up to 2030.

In South America, Chile published its National Action Plan on Climate Change 2017-2022.

Consumer Protection

Singapore launched a public consultation on draft amendments to the Consumer Protection Regulations. The proposed changes aim to remove obsolete products and introduce product risk levels to the existing measures.

The Philippines issued a draft amendment to the Consumer Protection Act which will strengthen consumer rights, and require foreign product labels to carry English or Filipino translations.

The UK issued a study on the consequences for consumer protection in the wake of Brexit. It examines the impact of the UK’s withdrawal from the bloc on consumer protection under the possible outcomes of European Economic Area (EEA) membership, a relationship governed by WTO rules, or a relationship based on a tailor-made agreement, and concluded that EEA membership is the most favourable scenario.

Jordan’s new consumer protection law came into effect in June containing provisions on the rights of the consumer, product safety requirements, distance selling, advertising and the establishment of the National Consumer Protection Council.
Energy Efficiency / Ecodesign / Ecolabeling

The new EU Energy Efficiency Labelling Regulation for Energy Related Products (Regulation (EC) No 2017/1369) entered into force on 1 August 2017, providing a new refreshed labelling model by returning to the A to G scale and removing the confusing A+, A++ and A+++ categories. Another major update is that suppliers must register their energy labelling information in a new product database.

The EU ecodesign preparatory study for low pressure and oil free compressors (LOT 31) was finalized in June, and will be used by the EU Commission to establish whether ecodesign implementing measures are required for these products.

In June 2017, both Turkey and Montenegro published ecodesign regulations based on EU legislation. Montenegro published 3 ecodesign regulations, two for lighting products and the third on electric motors, whereas Turkey published a draft regulation aiming to further align Turkish legislation with the EU Ecodesign Directive in a bid to strengthen its accession application to the EU.

New energy efficiency regulations for electrical or hydrocarbon-fuelled appliances in Quebec, Canada, entered into force in August 2017, approving requirements for numerous products, including water heaters, air conditioners, boilers and heat pumps.

EPEAT which is a leading ecolabel for IT products, now offers ecolabeling for mobile phones.

US ENERGY STAR has proposed a revised testing procedure for imaging equipment, a revised program and testing criteria for automatic commercial ice-makers, and updated program requirements for set-top boxes.

The Vietnamese green label has proposed criteria for photocopiers and LED lamps, while the German Blue Angel environmental label has issued revised criteria for photocopiers.
E-Waste / WEEE

Ukraine proposed a draft law on the management of WEEE which is modeled on the EU WEEE Directive.

Brazil proposed Bill PL 7789/2017, establishing a national policy for the disposal and reconditioning of electrical and electronic equipment (EEE), in particular computer equipment. An amendment to the National Omnibus Waste Law 2010 was also proposed requiring manufacturers, merchants and suppliers to establish a system of discounts for customers who take-back their used products when buying new products.

Chile approved a resolution requiring producers of EEE as well as other priority products (batteries, packaging etc.) to report on quantities placed on the market and waste management activities by using the Registry of Emissions and Transfer of Pollutants.

Portugal proposed an enormous draft decree-law in order to aggregate its existing laws on the handling of waste from packaging, batteries, EEE and end-of-life vehicles into one unified text.

In Italy, Ministerial Decree No. 68/2017 entered into force on 11 June 2017 which sets out the procedures for the provision of annual financial guarantees by producers of EEE.
Hazardous Substances (RoHS)

In June, China finally published its first draft RoHS 2 catalogue, introducing new products on a phased basis, including refrigerators, air-conditioners, washing machines, water heaters, photocopiers, printers, fax machines, monitors, personal computers, cell phones, telephones and televisions. A draft RoHS Exemption Catalogue has also been released, providing 39 exemptions.

Taiwan RoHS reached a milestone in July, when marking of the presence of restricted substances in certain products on the product itself, the packaging, a label or instruction booklet became mandatory. In addition to the safety and EMC mandatory conformity assessments, automatic data processing machines, printers, photocopying machines, televisions, monitors and monitors used in automatic data processing must indicate the presence of lead, cadmium, mercury, hexavalent chromium, PBB and PBDE and must follow the new inspection requirements.

Taiwan also published a draft amendment to the mandatory commodity inspection rules set out in Announcement 10530006420, with regard to 24 types of audio and visual equipment. The draft would postpone the RoHS compliance date for speakers, amplifiers, CD players, AV receivers, radio broadcast receivers and other audio and visual equipment to 1 July 2018.
Product Safety

The EU Commission has reassured worried manufacturers that goods lawfully placed on the single market before the UK’s withdrawal can continue to be made available on the UK market and on the single market thereafter, under conditions set out in the relevant Union law on product rules applicable on the withdrawal date. Directive (EU) 2017/898 was also published on the safety of toys, decreasing the allowed migration limit for bisphenol A in toys from 0.1 to 0.04 mg/l.

Sweden published regulations to streamline and clarify rules on the use and control of pressure equipment covering equipment such as boilers for power or heat, pressure vessels, storage tanks for gas, and more.

In the Philippines, a draft Administrative Order sets out new rules on product certification under their product safety technical regulations. It covers both manufactured and imported products subject to mandatory certification (including EEE products, lamps and wiring devices) or mandatory labeling.

Qatar also regulated on the issuance of conformity certificates for both imported and locally- produced products satisfying standard specifications, outlining procedures to secure a conformity certificate, along with information on the validity of certificates and inspections.

Mexico is revising its mandatory safety and testing requirements for control gear used in artificial light sources for general lighting purposes.
Textiles

The US issued a draft amendment to the Textile Products Identification Labeling Rules to remove provisions that require marketers to attach a label to textile products.

MERCOSUR released a draft Resolution on labeling requirements for textile products. It will not affect products destined for export outside of Member States, and will repeal Resolution GMC/RES No. 33/07 upon entry into force. It covers the labeling of yarns, trimmings and fabrics destined for trade, products intended for the processing industry, and information to be submitted by producers for commercialization approval.

Saudi Arabia issued a draft Technical Regulation on Textile Products stipulating substance restrictions, supplier obligations, labeling and conformity assessment procedures, among other matters.

The EU’s amending Decision on the Ecological Criteria for the Award of the Ecolabel for Textile Products came into effect in June, reworking the wording in section 1 to clarify exceptions applicable when recycled fibres or organic cotton fibres are used, and in calculating the percentage cotton required.
Wireless

The EU issued a guidance document for compliance with the new Radio Equipment Directive (RED), whilst Bahrain issued a decision on the certification of short range radio equipment.

Pakistan issued a decision exempting certain wireless devices from requiring type approval/noc from PTA and which may be directly imported as per customs procedure. These devices include networking equipment, tablet PC with wifi only functionality (non-SIM based devices), laptop/desktop/personal computers, GPS only devices, smart watches with bluetooth / wi-fi functionality only (without SIM or tracking features), RFID/Bluetooth/NFC devices, Wi-Fi Access Points operating in ISM Band (2.4-2.5 GHz, 5.725-5.875 GHz) and conforming to PTA ISM Band Regulation SRO 287(I)/2016.
 
 
 
      
      
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Compliance and Risks Compliance and Risks
      
               
       Quarterly newsletter  August 2017       
               
               
      
In this issue →

Letter from Joe Skulski, CEO
News Alerts
Free Webinars
What's Trending in
  Compliance?

RoHS Compliance
  Terminology

China Gets Busy on EH&S
UAE RoHS Translation
Contact us

Free Webinars

Sign up now for our complimentary webinars or check out the on-demand section on our website
Consumer Product Safety Reporting in the EU – What Manufacturers Need to Know

Presenter: Joanne O’Donnell, Global Regulatory Compliance Specialist, Compliance & Risks

On: Tuesday September 19th, 2017

Time: Live 8:00 PDT – 11:00 EDT – 16:00 BST

This webinar will give an overview of the EU General Product Safety Directive (GPSD), and the specific notification requirements for producers selling products on the EU market, regardless of whether they are based in or outside the EU. The presentation will give a brief overview of RAPEX – the EU Rapid Alert System for non-food dangerous products – and review some examples of reportable incidents previously notified. It will also address the notification procedure (by who? to whom? how? when?) and will touch upon penalties for breach of the regulatory requirements.

Finally, it will briefly look at the Draft Product Safety and Market Surveillance Package which proposes to repeal the GPSD.



EH&S Challenges and Opportunities in the MENA Region

Presenter: Robert Riley, MA Law, has twenty-five years’ experience of managing EH&S in both developed and developing markets across multiple industry sectors.

Time: ON DEMAND

Managing Environmental Health & Safety (EH&S) can be a challenge in developed markets with a history of enforced regulations and an established EH&S culture – but even more so in emerging and developing markets that have yet to create regulatory and procedural certainty in this particular field.

However, significant health and safety advances have been made in a number of such jurisdictions in recent years, particularly in the Middle East and North Africa (MENA) region, where there is now a real disparity in how the different countries manage these issues.

This webinar looks at and compare new and existing laws, regulations and policies in the MENA region, as well as current trends in local EH&S enforcement.



 
 
      
      
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       Quarterly newsletter  August 2017       
               
               
      
In this issue →

Letter from Joe Skulski, CEO
News Alerts
Free Webinars
What's Trending in
  Compliance?

RoHS Compliance
  Terminology

China Gets Busy on EH&S
UAE RoHS Translation
Contact us

What's trending in Compliance?

These are the top 10 topics that generated the most interest in the last month by Compliance & Risks' clients which include manufacturers, retailers and their supply chain partners.

The Top 10:
  1. Egypt:Compulsory Energy Efficiency Labeling of Certain Electrical Appliances and Lighting Modules, Decision No. 912, June 2017
  2. Belarus: Description and Procedure for Application of National Conformity Mark, Decree No. 383, 2017
  3. Ukraine: Approving Technical Regulations on Use of Certain Hazardous Substances in Electrical and Electronic Equipment, Resolution No. 139, 2017
  4. Taiwan: Mandatory Commodity Inspection Rules Including Restricted Substance Labeling for 92 Types of Electrical and Electronic Products, Announcement No. 10530006420, 2016 - Proposed Amendment - (on audio visual equipment) Draft Announcement No. 10630003290, July 2017
  5. EU: Framework for Energy Efficiency Labelling, Regulation (EC) No 2017/1369
  6. Colombia: Approving the Limitation of Lead Use in Commercial Products, Bill No. 026/2017
  7. EU: Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), Regulation (EC) 1907/2006 - Proposed Amendment - (on adding CMR substances to Annex XVII) Draft Regulation, July 2017
  8. Philippines: Energy Efficiency Information Labelling for Appliances, Gadgets and Devices, House Bill No. 5697, 2017
  9. Australia/New Zealand: Regulatory Compliance Mark (RCM) for Electrical and Electronic Equipment, Standard AS/NZS 4417.2:2012
  10. EU: Presentation of Information on Restrictions under RED Directive Regulation 2014/53/EU, Article 10(10), Regulation (EU) 2017/1354

 
      
      
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In this issue →

Letter from Joe Skulski, CEO
News Alerts
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What's Trending in
  Compliance?

RoHS Compliance
  Terminology

China Gets Busy on EH&S
UAE RoHS Translation
Contact us

RoHS Compliance Terminology

By Michael Kirschner, Design Chain Associates and Compliance & Risks’ Knowledge Partner

People like shorthand. EU RoHS is quite complex, so having a shorthand to describe precisely what your product is compliant to seems like a great idea, right? Unfortunately, all attempts at this over the history of RoHS have failed, and they continue to fail.

The most widespread shorthand under RoHS 1, EU Directive 2002/95/EC, I heard was "my product is RoHS 5/6 compliant" or "my product is RoHS 6/6 compliant". RoHS 5/6 was widely misunderstood and seemingly misinterpreted to mean that either the product:
  • contained lead due to a single exemption, which ultimately was the 7(b) exemption for lead in solder for servers, storage and storage arrays, network infrastructure, and so on, or,
  • was almost compliant, or
  • used one or more exemptions for lead.
RoHS 6/6 seemed to mean the product or item complied with restrictions on all six substances without any further explanation of whether or not it took exemptions to achieve that compliance. As we all know, there are many exemptions, some of which just about any EEE of any complexity must include. To single only one out, deny the others exist, ignore the complexity, or simply leave the details unspoken in the interest of shortening the conversation one is having on the subject is ultimately misguided. I constantly counseled against using this vague, unofficial and ultimately meaningless terminology. But I lost that battle. People still say their product is RoHS six-of- six compliant. And it's still meaningless. And I still tell them to stop saying it.

A recent and increasingly widespread shorthand, which came into being in 2015 after the Commission issued Delegated Directive 2015/863 amending the RoHS Directive, 2011/65/EU, to include four additional substances for restriction starting in 2019, is to call this "RoHS 3". This is incorrect and misleading, as this Delegated Directive does not stand alone; it simply amends the existing RoHS Directive.

The RoHS Recast Directive, which the Commission calls "RoHS 2" in the FAQ as well as on their website, is 2011/65/EU. The Commission, and now everyone else, refers to the original RoHS Directive, 2002/95/EC, as "RoHS 1". Article 24(2) of 2011/65/EU says that the general review and, if needed, recast of the current RoHS Directive must occur by 22 July 2021. That recast, should it occur (and why would we think it wouldn't?), will be RoHS 3.

Therefore we remain under the regimen of RoHS 2. There are no fractions, either, OK? You can't call it "RoHS 2.1" until and unless the Commission, which hasn't even told us how to pronounce "RoHS" over the nearly 15 years of its existence, defines the vocabulary in the FAQ because otherwise its use and meaning will be inconsistent and likely to be misunderstood. Besides, there are other significant and impactful changes coming to RoHS 2 on exemption renewal and expiration and scope expansion and clarification over the next couple of years; to promote one incremental change over the other shows bias, and we simply cannot have that. Or maybe we can – RoHS 2.1, 2.2, 2.3, 2.4, 2.5…get my point?

Bottom line: stop using shorthand; in particular, stop using vague and unofficial language in print, on your websites, in your newsletters and in official documentation regarding your product’s compliance to EU RoHS.

And stop saying it in webinars!

Finally, in related notes, please do not start saying your product is ten-of- ten compliant in a couple years. And stop referencing Delegated Directive 2015/863 as the Directive your product is compliant to. Reference 2011/65/EU only. See above.







 
      
      
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What's Trending in
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China Gets Busy on EH&S
UAE RoHS Translation
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China Gets Busy on EH&S

Environmental, Health & Safety (EH&S) regulations and compliance in China appear to be undergoing a major review with the centralized government simplifying administration and delegating power to a more local level.

The regulatory changes appear to already have had an impact on groups such as the Administration of Work Safety, the Ministry of Environmental Protection and other essential ministries, in simplifying the administration and management of EH&S.



This means that organizations and companies are becoming more self-regulated and no longer need to seek clarity or permission from central government.

It also means that the Chinese government has amended its role from supervising every step, to focusing more on implementing supervision following an incident or accident, and increasing the penalties in the case of violations.

It is expected that this policy will continue to affect EH&S compliance in China, and place the onus of responsibility onto companies and individuals. This will require companies to change their overall approach towards EH&S at a local and operational level, driving an increase in the training, qualifications and understanding of EH&S managers operating in China to ensure compliance.

Additionally, there has been a streamlining of mandatory standards with an estimated 50% consolidation across all operations. This is evident in the amendments to existing regulations in force.

Noticeable regulatory changes include:
  • China: Risk Management Guidelines for Occupational Noise Hazard, Standard AQ/T 4276-2016 (In-force)
  • China: Directive for Development of Guidelines of Pollution Prevention and Control Available Techniques, Draft Standard, July 2017 (Proposed)
  • Work Safety Law, 2002 - Proposed Amendment - (on supervision and administration of work safety) Draft Notice No. 56, June 2017 (Proposed)
  • China: Environmental Tax Law, Presidential Order No. 61, 2016 (Approved)


To find out how you can maintain your Global EH&S Legal Register and stay on top of constantly changing regulations, contact us for a free consultation today!

 
      
      
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       Quarterly newsletter  August 2017       
               
               
      
In this issue →

Letter from Joe Skulski, CEO
News Alerts
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What's Trending in
  Compliance?

RoHS Compliance
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China Gets Busy on EH&S
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Translations - UAE RoHS Regulation

With global compliance comes the challenge of receiving regulations in many languages. At Compliance & Risks we provide all new legislative summaries in English for our C2P clients.

We also offer a translation services to clients to better support access to English language translations of foreign language regulations. UAE RoHS Regulation

As a Connect reader, Compliance & Risks would like to offer you a translation of the official UAE RoHS Regulation at a discounted price.

Arabic to English Translation Prices:
  • For Compliance & Risks clients (including C2P users) = $999
  • Non Compliance & Risks clients = $1,199
Normal price = $1,400

Offer ends 21 September 2017. Please email translations@complianceandrisks.com to place your order, or for further details.

 
      
      
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       Quarterly newsletter  August 2017       
               
               
      
In this issue →

Letter from Joe Skulski, CEO
News Alerts
Free Webinars
What's Trending in
  Compliance?

RoHS Compliance
  Terminology

China Gets Busy on EH&S
UAE RoHS Translation
Contact us


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