Review of REACH. Automotive Industry Challenges. 27 June Timo Unger Chairman ACEA TF REACH

Transcription

1 Automotive Industry Challenges Review of REACH 27 June 2013 Timo Unger Chairman ACEA TF REACH 1

2 The Challenges Staff Working Document, Recommendation 7.1 The Member States and ECHA are encouraged to continue discussing and sharing at an early stage RMOs analysis with the view to coordinate activities in relation to identification of SVHCs, ECHA should conduct information activities to improve the quality and the appropriateness of the information submitted during the public consultation on the draft recommendation for inclusion in Annex XIV. Leadtime Shortage Missing Substance Identifiers Potential Regulatory Overlaps Substitution in low volume articles (spare parts) 2

3 Leadtime shortage SVHC Roadmap: Approx 500 CL- Substances until /a Update: 2/year Today 2020 Approx substances are fulfilling the criteria of REACH, Article 57 for SVHCs + several other substances with a potential unacceptable risks to human health or the environment Challenge: 2080 potential SVHCs Source: Federal Environment Agency (Germany) - UMWELTBUNDESAMT Today, nobody knows exactly the substance(s) to come next... Lead time for Industry is too short to fulfill related legal obligations 3

4 Leadtime shortage Experience out of 13 years of data collection throughout complex supply chains: Under normal conditions a reliable investigation can be performed within 2-6 month= up to 180 days! But only if the substance is identified already ONE year before* * Time needed for the adjustments of existing tools and processes 360 days days = 540 days => Time needed if substance is not identified! 4

5 Substance Example: First indication on which substance(s) possibly to come next Recommended start of data evaluation Substance Leadtime shortage Examples Publication on the ROI Publication of the Annex XV Dossier (Start of Public Consultation (45 days)) Delta [days] (A-B) Publication of the CL Delta [days] (A-C) DecaBDE Bis(pentabromo-phenyl) ether NMP 1-methyl-2-pyrrolidone DBP Dibutyl phthalate A Publication on the ROI B Publication of the Annex XV Dossier (Start of Public Consultation (45 days)) Necessity to know if you are affected by the substance(s) (Voluntary; Only if I want to give input into the the stakeholder consultation) Recommended end of the data evaluation and interpretation Delta [days] (A-B) Time, available for the voluntary data evaluation C Publication of the CL Delta [days] (A-C) Time, available Necessity to know if for the you are affected by the mandatory data substance(s) evaluation (Mandatory to fulfill my legal obligations) Definite end of the data evaluation and interpretation Dichromium tris (chromate) Not sufficient leadtime to provide reliable and appropriate information Especially for industry with very complex product structure = supply chains 5

6 Consequence: Leadtime shortage Consequences and Solutions Questionable quality of stakeholder input during consultation Early industry involvement by Member States is crucial (Benchmark: Nickel discussion in France!) This has to be long before the ROI inclusion Automotive Industry Proposal: We support EC actions to create a chapter on ECHA page for Member States to post their pre-intentions! Usage has to become mandatory for the MS! Substance identity should be know at least 540 days before the start of the public consultation 6

7 The Challenges Staff Working Document (SWD), Recommendation 2.4: Without prejudice to the Commission's legal interpretation of the current legal text on substances in articles in connection to Articles 7 and 33, Member States and stakeholders are invited to provide evidence on what potential environmental or other problems the current REACH provisions on substances in articles. Leadtime Shortage Missing Substance Identifiers Potential Regulatory Overlaps Substitution for low volume articles (spare parts) 7

8 Missing substance identifiers There is an increasing number of SVHCs without any unique identifier (CAS/EC number) falling under authorisation: Aluminosilicate Refractory Ceramic Fibres Zirconia Aluminosilicate Refractory Ceramic Fibres 4-(1,1,3,3-tetramethylbutyl)phenol, ethoxylated Nonylphenol ethoxylates N-pentyl-isopentylphtalate Phenol, 4-nonyl-, branched and linear covering all individual isomers Industry is not able to perform a proper investigation on the usage of these SVHCs (especially not within the given timeframe). Automotive Industry Proposal: Help industry to easily find the corresponding substance identifiers (CAS / EC number) in all relevant documentations 8

9 The Challenges Staff Working Document, Recommendation 1.1. All efforts should be made to minimise or avoid potential overlaps through adoption or amendment of implementing legislation of REACH or of other EU sector specific legislation, where possible Leadtime Shortage Missing Substance Identifiers Potential Regulatory Overlaps Substitution in low volume articles (spare parts) 9

10 Use/Vehicle Pb (without battery) Heavy metal phase-out from End of Life Vehicle Directive ELV (2000/53/EC) Lead, Chromium VI, Cadmium and Mercury Repair as produced principle established CrVI Cd July 2003 heavy metal ban started today Without Battery, because of closed loop Hg Cd 0 CrVI 0 Hg 0 Pb 0 year ELV Directive with 1st annex II started 1st revison annex II 2nd revision annex II 3. revision annex II revision revision annex II annex II 6. revision annex II 7. revision annex II 8. revision annex II Furhter revison annex II?? Note: Triggered by technology changes, innovations, economics or End of life vehicle directive 2000/53/EC 10

11 MANUFACTURING Protection of the environment (crossindustry) MANUFACTURING Protection of human health (crossindustry) MANUFACTURING, USE & END of LIFE EU legislation for Lead EC legislation protecting human health and environment - during the entire life cycle - applicable to Lead and Lead compounds Source: Eurobat Industrial Emissions Directive (binding Pb AEL) Air Quality Directive (0.5µg/m³ binding ambient air limit) Water Framework Directive (binding Pb EQS) European Waste List and Waste Shipment Regulations Chemicals agents directive with specific rules for your workers and pregnant women in relevant other Directives Binding European OEL of 0.15mg/m3 Binding European biological exposure limit of 70µg/dl blood DNEL of 40µg/dl blood for all workers and 10µg/dl for women in reproductive capacity Battery Directive RoHS End of Vehicle Life Directive Already today existing legislation covers ALL aspects of chemical management described in REACH + R E A C H 11

12 Potential Regulatory Overlap Lifecycle of a car From the cradle to the grave Which legislation is covering EHS* aspects for which step of the life cycle? *EHS: Environment, Health & Safety Material Development Material Production Component Development Component Production Vehicle Development Production Vehicle Production Vehicle Lifetime Vehicle Recycling PPORD Occupational health and safety legislation REACH Authorisation & Restriction ELV (2000/53/EC) - Heavy Metal (HM) Ban Regulatory overlaps for Pb 12

13 Regulatory overlaps on substance restrictions Automotive industry has concerns if lead substances (exempted in ELV Annex II) require Authorisation according to REACH Allowed ELV exemptions could be banned by REACH Double effort for Commission and Industry (unnecessary administrative burden) No planning certainty for automotive development cycles Increase risk to EU SME as key player in supply chain (competitive disadvantage) No improvement for human health or the environment Automotive & Lead Industry Proposal: Avoid double regulation by concentrating on other existing RMOs as an alternative for authorisation 13

14 The Challenges Staff Working Document REACH aims: Enhancing competitiveness and innovation and the single market SMEs appear to lose part of their market share either as a result of the costs, or as a result of withdrawals of substances from the market or reduction of production levels Recommendation 5.2. Impacts on competitiveness, including on producers of articles will be monitored. Leadtime Shortage Missing Substance Identifiers Potential Regulatory Overlaps Substitutions in low volume articles (spare parts) 14

15 Substance Substitution vs. Spare Parts Production Lifecycle of a car From the cradle to the grave Material Development Material Production Component Development Component Production Vehicle Development Production EOP: End of Production EOSP: End of Spareparts Production Vehicle Production Spare Parts Production 3-7 years OEM Vehicle Lifetime Spare Parts Production 8-20 years (after EOP) SME Vehicle Recycling Spare Parts availability 0 - X years (after EOSP) OEM or SME Publication Annex XIV Sunset Date = Substance Substitution Spare parts (still produced in very low volumes mostly by SMEs) have to be re-developed & re-validated (several times?) Not possible Experience from ELV: Will have negative consequences on service parts strategy Results in: Increasing costs for customers or Decrease of the vehicle lifetime Alternative solution: Spare parts are produced outside of Europe 15

16 EC Solution: Repair as Produced Implementation of heavy metal restrictions of ELV directive identified the need to address spare parts issues repair as produced (COM decision 2005/438/EC from ). As product reuse, refurbishment and extension of lifetime are beneficial, spare parts need to be available for the repair of vehicles which were already put on the market on 1 July 03. The use of lead, mercury, cadmium or hexavalent chromium in spare parts put on the market after 1 July 2003 for the repair of such vehicles should thus be tolerated. Applicable for each Annex II revision (2003 today) Another Example: Recast of the Pyrotechnic articles directive: 59) Pyrotechnic articles for vehicles are designed for vehicle life cycles and therefore require special transitional arrangements. It is necessary for such a pyrotechnic article to comply with the requirements of the law applicable at the time it is first made available on the market and for the period of the lifetime of the vehicle in which it is installed. 16

17 WHY AN EXEMPTION FOR SPARE PARTS IS NEEDED UNDER REACH? Type approval legal requirements and minimum 10 year warranty obligation must be fulfilled. Most OEMs offer spare parts up to years after End of Production. Stockpiling not possible: Storage capacity, expiry dates e.g. for rubber parts. Substitutions of substances can cause changes in function, geometry, thermal durability. Lead free additive variant after 1000 h temperature load test. Low demand volumes cause enormous not appropriate efforts & costs for change if possible at all. Automotive Industry Proposal: Add an similar exemption to REACH Annex XIV + REACH Annex XVII 17

18 REACH is a tour de force......but the Automotive Industry is well prepared!!! 18

19 The Automotive Industry Guideline on REACH (AIG V3.1) The Automotive Industry has developed a REACH Guideline especially for (automotive) End- Users Downloads since 2008 Free Download of Version 3.1 under: Available languages (Released: 05/12) English German Chinese Japanese French Korean 19

20 Thank you! European Automobile Manufacturers Association 20

21 Backup 21

22 Underestimated communication challenges Spare parts & REACH Article 33 Re-manufactured spare parts Produced: Remanufactured: Producer: Population: SMEs hundreds New spare parts Produced: Producer: Population: 1970 OEM 6 Re-used spare parts Produced: Producer: Population: since 1908 not known by Recyclers 1-X 22

23 VEHICLE CABLE HARNESS MATERIAL SUBSTITUTION TRIAL LEAD ADDITIVE (1999) The single wires made with substitute material faced the temperature test for 3000 h without degradation. In combination with other materials, like rubber grommets, adhesive tapes a fatal interaction between the materials occurred. By thermo oxidative degradation the insulation material was destroyed. Leadfree additive variant after 1000 h temperature load test. Changing of substances may require changes of ambient components also and may require chances in packaging (Not possible for vehicles out of production). It took more than 3 years time to develop harnesses with lead free additives 23

24 BEARING SHELLS - EXAMPLES OF MEASURES NEEDED TO CHANGE THE MATERIAL Changing of bearing shells from lead containing to leadfree layers required: changes in oil supply system oil volume, oil pump characteristics, oil temperature, oil cooling system, oil filter system changes in bearing geometry (not possible for legacy vehicles). changes in crank shaft geometry. Change of engine construction was required to enable lead free solution! Change required several years of R&D 24

25 The Challenges Staff Working Document, Recommendation 4.5. ECHA together with the industry associations should continue developing REACH-related support such as multilingual databases for SDS-phrases, harmonisation tools for esds format, databases about uses of SVHCs and IT tools for the communication in the supply chain. Improve practical usability and readability of (e)sdss by cooperating with industry stakeholders. In particular monitor development of esdss and ES for mixtures. Underestimated communication challenges Lead Time Shortage Potential Regulatory Overlaps Excessive requirements vs. poor knowledge 25

26 PCs Excessive demands vs. poor knowledge ECETOC TRA SUs??? OCs REACH Annex II: 0.2 General requirements for compiling a safety data sheet The information in the safety data sheet shall be written in a clear and concise manner The language used in the safety data sheet shall be simple, clear and precise, avoiding jargon, acronyms and abbreviations DU Industry (especially SMEs) need a solution which enables non chemical experts to understand their chemical suppliers, and to fulfill their legal obligations! Solution: End users shall not receive esds but only consolidated SDS incl. the for the customer relevant content from the ES & written in an easy understandable language. ECHA may support and promote a harmonised xml format for SDSs 26

27 Excessive demands vs. poor knowledge Sector recommendation to process SDSs Current standard Process: S/P * Supplier 1 SDS Transfer PDF (SDS Format 2006) S/P Supplier 2 S/P Supplier 3 S/P Supplier 4 Excel (SDS Format 2009) Word (SDS Format 2010) Print out (SDS Format Korea) Customer (e.g. OEM) Manual SDS Creation Manual SDS Processing (Analyzing, Checking, Implementing, ) *S/P: Substances / Preparations Agreed future Process: S/P*Supplier 1 S/P Supplier 2 esdscomxml esdscomxml esdscomxml +EuPhraC S/P Supplier 3 S/P Supplier 4 esdscomxml esdscomxml Customer (e.g. OEM) Semi Automatic SDS Creation -> In House Tool or esdb Semi Automatic SDS Processing (Analyzing, Checking, Implementing, ) -> In House Tool (e.g VW, BMW, Daimler) -> Already existing IHTs can be adjusted with low internal effort. 27