In order to protect the environment and health of consumers, we advocate for the introduction of a systematic approach for restriction of harmful brominated and chlorinated organic substances in RoHS. This approach should take into account the direct impact of substances as well as the impact of transformation products  at end of life. This approach is necessary in order to address the impacts of the most hazardous substances used in Electrical and Electronic Equipment today. It will also enable industry to predict and assess potential new materials and substances and avoid investing in materials that are later identified as hazardous and then banned.

Leading manufacturers of electronic products will be invited to support the up-coming position to encourage EU-regulators to strengthen the RoHS proposal.

We ask EU regulators to leverage this unique opportunity to strengthen RoHS, and thereby drive innovation and reward those companies who have made early investments in safer materials —many of which are based in Europe, but all of which have a large market presence in Europe!

Proposal to the Council and the European Parliament

Amend the European Commission proposal for a revised RoHS Directive to:

• Consider both the direct impact of substances and the impacts of transformation products at end of life.
• Thereby supporting a general phase-out* of brominated and chlorinated organic substances in Electrical and Electronic Equipment (EEE).

Motivation for the proposal

Substance by substance approach is insufficient

• When addressing harmful substances in Electrical and Electronic Equipment a substance by substance approach is often insufficient. By slightly modifying a harmful substance, a new substance with similar structure and similar harmful effects is created. Accordingly, regulators will always be one step behind, as individual actors can simply shift to new, modified substances, not yet covered by regulation, but with the equivalent hazardous properties as previously regulated chemicals.
• The substance by substance approach is also insufficient since all brominated and chlorinated material has the potential to form dioxins and furans when incinerated.

Dioxins and furans can be formed at the end of life treatment of EEE

• Dioxins and furans are extremely toxic. All types of brominated and chlorinated organic substances have the potential to form dioxins and furans when incinerated.
• Electronic products are often handled inappropriately at end of life. Incineration of e-waste within the EU can form dioxins and furans.
• E-waste produced in the EU is to a great extent transported to developing countries with sub-standard waste-management capacity. Incineration of e-waste under these conditions forms dioxins which is both a local and global problem as dioxins are persistent.
• Dioxins produced in countries outside of the EU can contaminate food chains that reach the EU as well as directly impacting local populations.
• Dioxins have been recognized as priority contaminants in the Stockholm Convention which seeks to eliminate POPs (persistent organic pollutants) from the global environment.
• When incinerating brominated and chlorinated organic compounds mixed chloro-bromo dioxins and furans are often formed. Mixed chloro-bromo dioxins and furans are a group of compounds that are closely related to their far more well known chlorinated analogues, both in terms of their mode of formation and their potential toxicity . Recently, studies have provided further evidence that the mixed dioxins and furans is a far larger group compared to its chlorinated or brominated analogues.

Halogenated organic substances are harmful and complicate recycling

• Halogenated organic substances are harmful with e.g. PBT (persistent, bioaccumulative, toxic) properties.
• Phthalates are used as softeners in halogenated plastic material (such as PVC). Phthalates may amount to up to 50% of the plastic material in EEE products and leach out of the products throughout their lifetime. Many phthalates are classified as CMR substances.
• After use, part of the EEE products goes into the recycling industry. The plastic material from this type of products is difficult to reuse in other products since it is often contaminated with halogenated organic compounds.

Smart verification of organic halogen levels is needed

• Testing for specific halogenated compounds such as PBDEs has proven to be difficult and expensive for regulators and manufacturers. Better market surveillance has been identified as a key issue to address in the next iteration of the RoHS Directive.
• Establishing verification procedures for elemental bromine and chlorine eases verification for regulatory authorities and is cost effective and consistent. This inexpensive and non destructive method of XRF analysis is used to monitor conformance with heavy metal restrictions in the current RoHS Directive. This method is also accepted within the EEE industry.

* Bromine and chlorine content maximum 0,1%.