RoHS 2 GIGREL (The French Generating Set Association) Draft position FAQ Consultation Submission

Transcription

1 RoHS 2 GIGREL (The French Generating Set Association) Draft position FAQ Consultation Submission Introduction Directive 2011/65/EU (RoHS 2) entered into force on 21 st July 2011 and required Member States of the EU to enact into local legislation by 2 nd January To help interpretation of the Directive concerning the various product groups it affects, the Directorate General for the Environment published an FAQ document dated 15 th June 2012 on its website on 11 th July Limited consultation on this document has started and is due to close on 14 th September Euromot has been invited to prepare a submission to DG Environment and has in turn invited Europgen WG1 to assist in the preparation of a paper and proposals. GIGREL (The French Generating Set Association), member of Europgen, has in turn prepared the present position. The mission of GIGREL is to represent and defend the interests of French Generating Set manufacturers and suppliers of major components, maintenance and installers which represent an annual production of groups. For any further information, you may contact in GIGREL, Mr Nadi Assaf nassaf@gimelec.fr The FAQ document is principally intended to help interpretation of the provisions of RoHS 2 in order to ensure consistency in compliance with the Directive s requirements. This paper is intended to focus on the content in the FAQ document that relates to generating sets and associated products and components in order that representation may be made through the various Trade Associations and particularly, EuroMot and EuropGen. Definitions The following terms are defined for use in this paper: DG Environment Directorate General for the Environment of the European Commission EEE Electrical and Electronic Equipment FAQ(s) RoHS 2 FAQ document dated 15 th June 2012 published by the European Commission via the DG Environment web site: NRMM Non Road Mobile Machinery RoHS 1 Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 RoHS 2 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 WEEE Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003

2 Determination of Scope of RoHS 2 The FAQs state (Q1.2.1) that the intention of the RoHS 2 Directive is to provide a gradual extension of the requirements to all EEE, cables and spare parts by 22 nd July In RoHS 1, scope was taken from the WEEE Directive and in Annexes 1A and 1B of the WEEE Directive; examples of EEE that was deemed to be in scope were given. No mention of generator sets or their associated products appeared in this document. The wider definition of EEE in the RoHS 2 Directive indicates that, unless exclusions apply, some generator set products may be classified as EEE under the new Directive, by virtue of Article 3, paragraphs 1 and 2: (1) electrical and electronic equipment or EEE means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields and designed for use with a voltage rating not exceeding volts for alternating current and volts for direct current; (2) for the purposes of point 1, dependent means, with regard to EEE, needing electric currents or electromagnetic fields to fulfil at least one intended function; Generating sets potentially fall into the...equipment for generation... definition in (1) above and also need electric currents and electromagnetic fields defined in (2) in order to fulfil their function. Although there is no mention of generator set products in Annex 1 of RoHS 2 (Categories of EEE covered by this Directive); item 11 in this list Other EEE not covered by any of the categories above applies. Therefore unless specific exclusion clauses exist either in the Directive or can be established in the FAQs during the consultation period, or specific product exclusions made following the adoption of the Directive, under Annex V; generating set products may fall into scope of the RoHS 2 Directive Application of transitional period Since, as stated above, generating set products were not included in the scope of RoHS 1, Article 2, paragraph 2 should apply: 2. Without prejudice to Article 4(3) and 4(4), Member States shall provide that EEE that was outside the scope of Directive 2002/95/EC, but which would not comply with this Directive, may nevertheless continue to be made available on the market until 22 July Thus by this date, all EEE except that covered by exemption clauses is required to comply with the requirements of RoHS 2. FAQ Q2.3 reinforces this position: Q2.3 Which products benefit from this provision? (Articles 2(2), 2(1), 3(1), 3(2), 4(3), 4(4)) All category 11 products may benefit from the transitional period of Article 2(2), but also products in other categories that only now fall within the scope of RoHS 2 due to a new scope related provision, such as the clarified definition of EEE, which comprises any piece of equipment that needs electric currents or electromagnetic fields for at least one intended function.*

3 A footnote applies to this paragraph as follows: * Please note that the RoHS 1 scope was based on WEEE 1. Some Member States took a broader scope interpretation. As a result, how Article 2(2) is applied will also depend on Member States' implementation of RoHS 1. The BioIS study of 2012 has proposed some changes to the Directive based on perceived economic impact of the Directive. In particular, options recommended are: Option 1: Delete Article 2(2) and amend Article 4(3) to include other equipment that was outside of the scope of Directive 2002/95/EC which is placed on the market from 22 July 2019 Option 2: Amend Article 2(2) to exclude categories 8 and 9 Neither change is believed to affect the position of generating sets nor their associated equipment described herein. Based on this information, it is reasonable to assume that generating sets did not fall into the scope of RoHS 1 but will be in scope of RoHS 2 unless it can be shown that exclusions apply. If this is the case then the provisions of Article 2 Paragraph 2 would apply. Specific exclusions for products in certain categories Large Scale Exclusions Certain generating set products may benefit from the Large Scale Exclusions referred to in Section 3 of the FAQ document. These are for Large Scale Stationary Industrial Tools (LSSIT) and Large Scale Fixed Installations (LSFI) and while LSSIT is unlikely to pertain to many generating set installations, LSFI may be of significant relevance to certain product ranges where state of the art does not allow present product to comply. The Directive does not explain the meaning of Large Scale and FAQs Q3.1, 3.2 and 3.3 are aimed at providing greater clarity. Some items in these FAQs pertain to generating sets and associated products and clarify some areas of doubt. Q3.1 restates the Directive in terms of both categories being combinations of various types of items, such as machinery, components, etc., for permanent use at a specific place, installed and deinstalled by professionals. However the FAQs and the Directive go further and draw a distinction between Tools and Installations as follows: In order to benefit from either exclusion the tool (LSSIT) or installation (LSFI) must meet all the respective requirements of the definition contained in the Directive: i.e. they must both be large scale and; For Tools: an assembly of machines, equipment and/or components, functioning together for a specific application; permanently installed and de installed by professionals at a given place; used and maintained by professionals in an industrial manufacturing facility or R&D facility;

4 For Installations: a combination of several types of apparatus and, where applicable, other devices; assembled, installed and de installed by professionals; with the intention to be used permanently in a pre defined and dedicated location; LSFI may well apply to many generating set product installations, where the generator has no intrinsic function without being permanently connected to an overall electrical distribution system. Further clarification is given later in this section. Examples given of LSFIs given are: - Production and processing lines including robots and machine tools (Industrial, food, print media, etc.); - Passenger lifts - Conveyor transport systems - Automated storage systems - Larger fixed installed cooling, air conditioning and refrigerating systems of more than 12 kw nominal cooling capacity, or heating systems with a nominal capacity higher than 70 kw, or ventilating systems with a power input above 125 W, insofar as they are not intended for domestic use. Also important in this discussion is the definition of the term Large Scale" "Large scale" is part of both sets of requirements. Evidently, this draws a line between large tools and installations benefiting from an exclusion, and otherwise similar, smaller equipment. "Large scale" primarily refers to dimensional criteria, although this criterion is not specified in the RoHS 2. Responsibility is delegated to the manufacturer/assembler/user on a case by case basis to assess whether Large Scale exclusions apply as follows: It is the responsibility of the manufacturer/assembler/user's responsibility to assess whether he thinks his tool or installation benefits from either exclusion. Scenarios such as the need for special assembling equipment, required permits, if commissioning is a professional engineering exercise, specialised training, considerable installation time are all cited in the FAQ as clarification of the industrial context and the statement not intended for domestic use all alludes to the fact that larger commercial generating set products and associated equipment are not intended as being in scope. Useful guidance is also given by benchmarking what is large scale against transportation and installation considerations: If, when installing or de installing the installation, it is too large to be moved in an ISO 20 foot container because the total sum of its parts as transported is larger than 5,71m x 2,35m x 2,39m, then it can be considered large scale. The maximum weight of many road trucks is 44 tonnes. Thus if, when installing or deinstalling the installation, it is too heavy to be moved by a 44 tonne road truck, because the total sum of its parts as transported weighs more than the truck's load capacity, it can be considered large scale.

5 If heavy duty cranes are needed for installation or de installation, the installation can be considered large scale. An installation that does not fit within a normal industrial environment, without the environment needing structural modification, can be considered large scale. Examples for modifications are modified access areas, strengthened foundations etc. If an installation has a rated output greater than 375 kw, it can be considered large scale. This is further amplified in the BioIS study, page 63, where further examples are given of equipment which is newly excluded from RoHS 2 as LSFI: Electric energy distribution system Electrical installations designed only for large buildings classified as LSFI Power transmission networks, sub stations, etc. Wind turbine stations (Cabin, wings, equipment in tower) Also pertinent is the content of FAQ Q3.3: RoHS 2 does not apply to equipment which is specifically designed, and is to be installed, as part of LSSIT or LSFI. Therefore it is reasonable to state that a generator and its associated equipment that is designed specifically to be permanently installed within a fixed electrical distribution system that is itself a LSFI would be subject to exclusion. This logic may not, however apply to rental products that are designed to be moved from site to site and these are discussed below. Non Road Mobile Machinery There is a broad difference between the definition of NRMM in RoHS 2 to that given in the Emissions Directive: RoHS 2 defines NRMM in Article 3 (28) as: - non road mobile machinery made available exclusively for professional use means machinery, with an on board power source, the operation of which requires either mobility or continuous or semi continuous movement between a succession of fixed working locations while working, and is made available exclusively for professional use. Whereas Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 (Emissions Directive) states in Article 2: - non road mobile machinery shall mean any mobile machine, transportable industrial equipment or vehicle with or without body work, not intended for the use of passenger or goods transport on the road, in which an internal combustion engine as specified in Annex I section 1 is installed. It is debatable whether the definition of NRMM in RoHS 2 would apply to large rental generator products that are designed to be moved from site to site so that they would be excluded from scope of RoHS 2 as NRMM.

6 This is because to be a NRMM, the operation "requires either mobility or continuous or semicontinuous movement between a succession of fixed working locations while working". This is different to the definition under the Emissions Directive since this definition includes "transportable industrial equipment". There is therefore a possibility that mobile or rental generating set products above the 350 kw threshold are potentially in scope of RoHS 2 since they are not NMRM and for the LSFI exclusion to apply, the products must be permanently installed, which would not be the case. These would, however, still be subject to the transitional period. We would like clarification that large scale mobile / rental generating sets that would otherwise satisfy the criteria of LSFI, but for the fact that they are not "to be used permanently in a pre defined and dedicated location" or which would satisfy the criteria of LSSIT but for the fact that they are not "permanently installed and de installed by professionals at a given place" are also within the definitions of LSFI or LSSIT and / or NRMM, since it does not appear to be the intention to distinguish between similar equipment depending solely on the market for which they are supplied (e.g. installation at one customer's site, or consecutive uses through rental with repeat installations at a succession of customer's sites). Discussion It appears that there is an intention to distinguish between equipment for the domestic and light commercial and therefore mass markets against that equipment which is designed for much more limited production and use in the industrial or larger commercial environment and this can be useful in determining compliance strategy and this has been reinforced in the BioIS study. However as mentioned above in the section on NRMM, certain aspects in this regard are potentially confusing and inconsistent with this aim. The following segmentation is drafted to aid clarity: Generators with rated output below 350 kwe These products were out of scope of RoHS 1 and potentially fall into scope of RoHS 2, and are not generally classed as large scale within the FAQ document. The transitional period to 22 nd July 2019 should apply to these products after which products placed on the EU Market would need to comply. Generators below this size that are permanently installed into an electrical distribution system should be examined on a case by case basis to verify if they form a component of a LSFI and may thus benefit from exclusion. Permanently installed generators with rated output equal to or above 350 kwe. These products were out of scope of RoHS 1. They will normally require a professional installation and will often require cranes, etc., to install generators and also switchgear etc. Although these should be evaluated on a case by case basis, to ensure that they fit all of the requirements, these products would generally be classified as large scale and excluded from the provisions of RoHS 2, being LSFI. Temporarily installed generators with rated output equal to or above 350 kwe.? These products were out of scope of RoHS 1 and potentially fall into scope of RoHS 2. These products will normally require a professional installation and often require cranes, etc., to install. Although the Emissions Directive would class these products as NRMM, the definition of NRMM in the RoHS 2 Directive would not seem to cover these types of products and this particular exclusion is unlikely to apply. Installations should be evaluated on a case by case basis to verify if they are LSFI and are excluded or if compliance is required. These products

7 may not generally be classified as LSFI because of the need to satisfy all of the requirements for LSFI stated in the Directive and FAQ 3.1 and the inability comply with the used permanently in a pre defined and dedicated location even though they will often fulfil all the other requirements to be LSFI. Therefore RoHS 2 would be likely to apply to these products, although the transitional period would apply. System controls, Switchgear and Transfer Switches designed for use with generating sets These are fixed parts of the electrical distribution system and are indistinguishable from the remainder of the system. These products were out of scope of RoHS 1. The BioIS study of 2012 has indicated that electrical distribution systems should be excluded and therefore provided that the distribution system satisfies the LSFI requirements, these products should be outside of the scope of RoHS 2. System controls are not normally placed on the market separately from the generating set installation and are normally heavily tailored for particular installations, thus are also outside of the scope of RoHS 2. If these items are placed on the market separately a case by case evaluation should be made to verify if the RoHS 2 Directive applies. Arguments to support generators, controls and switchgear that are permanently installed into an electrical distribution system being classed as LSFI. We propose that a generator and its associated equipment installed in an electrical distribution system is a component of an LSFI for the following reasons: a) The electrical distribution system as a whole is EEE...equipment for the generation, transfer and measurement of such currents and fields... b) The electrical distribution system is a large scale fixed installation in its own right a largescale combination of several types of apparatus and, where applicable, other devices, which are assembled and installed by professionals, intended to be used permanently in a predefined and dedicated location, and de installed by professionals; c) In most buildings the electrical distribution system is large in scale and could not be transported in a 44 tonne truck, nor would it fit within a 20 foot container. d) The generator set, control and switchgear in this situation are components of the Large Scale Fixed Installation. These products would have no intrinsic function if removed from the LSFI, which will have been tailored to accept the products which will also likely have been tailored to suit the LSFI in some cases extensively so. e) In addition where a generator is a part of an electrical distribution system, the machine will have been installed with a heavy duty crane, by professionals. In many situations, foundations have been placed to install the generator and building components will have required strengthening. Proposed Strategy for EuropGen 1. Seek further clarification in FAQs on items that are components of industrial and commercial electrical distribution systems. With the exception of final distribution components, electrical distribution systems are specifically designed for their application, are a large scale combination of several types of apparatus, installed professionally and intended to be used permanently in a pre defined location. It therefore follows that apparatus that is incorporated into an LSFI should be

8 subject to the same dispensation. Such apparatus, for example, switchgear, transfer switches, transformers, generators, etc., will require professional installation and de=installation and are thus extremely unlikely to be casually discarded and are not of a domestic product style. The BioIS study, page 63 advises that electric energy distribution systems should be classed as LSFI and we should lobby for this to be incorporated into the FAQs. Thus a proposal for an FAQ might read as follows: QUESTION: Does the LSFI scope exclusion also cover equipment intended for incorporation into electrical distribution systems such as switchgear, transformers and generators? ANSWER: In most cases, electrical distribution systems are combinations of several types of apparatus, assembled, installed and de installed by professionals and used permanently in a predefined location. In addition, many will exceed 375 kw and can therefore be classed as Large Scale Fixed Installations although each must be considered on a case by case basis. Components of electrical distribution systems are often manufactured and selected specifically for the installation and thus are covered under Article 2(4) (c) exclusion. Even where the component is not manufactured specifically for the application, if incorporation into the installation is unique, leading to a high degree of tailoring that can only be satisfied with similar specifically designed equipment, then it is likely to be within the scope of the Article 2(4) (c) exclusion, although this must be verified on a case by case basis. 2. Lobby for a change to the NRMM definition in the Directive to be made consistent with the Emissions Directive. This would reduce confusion surrounding our mobile/rental equipment since it will then be effectively in scope of both definitions of NRMM. Alternatively, the following FAQ could be tabled: QUESTION: Where products that would otherwise be excluded under the LSSIT/LSFI definition are provided for use in non permanent installations, such as generators, transformers and switchgear that are used in large scale construction or repowering projects, does the requirement to be used permanently in a pre defined and dedicated location" still apply? ANSWER: It is not the intention to distinguish between similar equipment depending solely on the market for which they are supplied (e.g. installation at one purchaser's site, or multiple use through rental with repeat installations at a succession of customer's sites). Large scale electrical distribution products such as mobile / rental generating sets, transformers and switchgear that would otherwise satisfy the criteria of LSSIT/LSFI, but for the fact that they are not to be used permanently in a pre defined and dedicated location"; or which would satisfy the criteria of LSSIT/LSFI but for the fact that they are not permanently installed and de installed by professionals at a given place" are also within the definitions of LSFI or LSSIT and / or NRMM.