305
Typically, producers must consider at least fi ve different factors when assessing
the applicability of substance restrictions to their products:
• Which categories of products are in scope e.g. electronic, batteries, packaging?
• What is the limit value (allowable concentration per homogenous material or
part)?
• When will restrictions be implemented?
• Which countries does it apply to?
• Which materials are affected e.g. plastics, solders, etc.?
The impacts of non-compliance, if caught, are severe. In the last year alone over
370 products were withdrawn from the market due to enforcement actions on hazardous substances within the EU (European Commission 2015 ). As well as halting
sales, there is a reputational impact on brands, with governments and nongovernmental organisations (NGOs) generating exposure by naming and shaming companies in the media. To ensure they comply with such regulations, producers must
(Martin 2008 ):
• Monitor and track continually evolving legislation
• Ensure products can meet prescribed limits
• Check that suppliers and factory management understand applicable
requirements
• Plan phase-out of substances ahead of regulatory deadlines
• Check and approve parts and materials before shipping
• Retain technical documentation as evidence of compliance
• Correct non-compliance incidents
• Determine preventative and proactive measures to minimise risk of
non-compliance
Supply chains can be extremely complex, involving networks of tens or hundreds
of actors. Manufacturing activities are most commonly outsourced by brand holders
to third parties. As a result, specifi c production processes may not be even known to
or under the control of producers and brand-holders. Even if suppliers make stated
commitments to phase out hazardous substances, and include requirements in documented specifi cations for new products, they may struggle to track and correctly
interpret the plethora of different regulations globally. It may be challenging to fi nd
substitute materials, and so some companies may simply manufacture products that
only comply with local or selected legislation. Upstream changes in suppliers or
materials can result in unexpected changes to substance concentrations. Producers
may also be unaware of chemical contaminants not deliberately added to their products e.g. black pigments may contain soot, which may contain a wide variety of
heavy metals. Also, different laboratories may sample products differently with differing results. Finally, national authorities often take differing approaches to compliance and enforcement (Martin et al. 2007 ). In some countries, enforcement
agencies test products selected from retail outlets to detect non-compliance ; in others, a lack of technical documentation available from producers is considered to be
an offence.
16 Practical Implications of Product-Based Environmental Legislation
Typically, producers must consider at least fi ve different factors when assessing
the applicability of substance restrictions to their products:
• Which categories of products are in scope e.g. electronic, batteries, packaging?
• What is the limit value (allowable concentration per homogenous material or
part)?
• When will restrictions be implemented?
• Which countries does it apply to?
• Which materials are affected e.g. plastics, solders, etc.?
The impacts of non-compliance, if caught, are severe. In the last year alone over
370 products were withdrawn from the market due to enforcement actions on hazardous substances within the EU (European Commission 2015 ). As well as halting
sales, there is a reputational impact on brands, with governments and nongovernmental organisations (NGOs) generating exposure by naming and shaming companies in the media. To ensure they comply with such regulations, producers must
(Martin 2008 ):
• Monitor and track continually evolving legislation
• Ensure products can meet prescribed limits
• Check that suppliers and factory management understand applicable
requirements
• Plan phase-out of substances ahead of regulatory deadlines
• Check and approve parts and materials before shipping
• Retain technical documentation as evidence of compliance
• Correct non-compliance incidents
• Determine preventative and proactive measures to minimise risk of
non-compliance
Supply chains can be extremely complex, involving networks of tens or hundreds
of actors. Manufacturing activities are most commonly outsourced by brand holders
to third parties. As a result, specifi c production processes may not be even known to
or under the control of producers and brand-holders. Even if suppliers make stated
commitments to phase out hazardous substances, and include requirements in documented specifi cations for new products, they may struggle to track and correctly
interpret the plethora of different regulations globally. It may be challenging to fi nd
substitute materials, and so some companies may simply manufacture products that
only comply with local or selected legislation. Upstream changes in suppliers or
materials can result in unexpected changes to substance concentrations. Producers
may also be unaware of chemical contaminants not deliberately added to their products e.g. black pigments may contain soot, which may contain a wide variety of
heavy metals. Also, different laboratories may sample products differently with differing results. Finally, national authorities often take differing approaches to compliance and enforcement (Martin et al. 2007 ). In some countries, enforcement
agencies test products selected from retail outlets to detect non-compliance ; in others, a lack of technical documentation available from producers is considered to be
an offence.
16 Practical Implications of Product-Based Environmental Legislation