It remains the basic position of all JBCE members that substance regulation should not be included in the WEEE Directive, but should be dealt with pursuant to existing horizontal legislation, should be based on comprehensive risk assessments, and should not hinder the free movements of goods within the European Union.
We understand, however, that the option currently being worked on within the European Commission would require member states to ensure that use of lead, cadmium, mercury and hexavalent chromium in electric and electronic goods is reduced in accordance with descending targets.

We strongly oppose to this approach for the following reasons,
(1) Given the diversity of electric and electronic goods and the rapid introduction of new-concept products such as the fusion of IT and consumer technologies, any solution to the question such as, the subcategories of the products, allocation of the burden among different subcategories or producers or calculation of the basis will lead to the distortion to the market and will impede the technological innovation. The implementation and the monitoring procedures will create a very cumbersome burden for the industry and authorities as well.
(2) Any regulation should be based on a sound technological basis. To our knowledge there is no technological data nor technological background at all justifying the reduction target considered to be referred to.
(3) It will totally destroy the functioning of internal market. For example, if the subcategories of the products, allocation of the burden among different subcategories or producers are different among member states, this will create a serious barrier for the movements of good.

If the European Commission decides, notwithstanding our arguments for use of horizontal legislation, to deal with substance regulation within WEEE Directive, JBCE strongly believes that the Commission should take the following science-based approach, in order to ensure a pan-European, transparent and realistic legal framework on which industry can base its research, development and marketing efforts.
(1) Regulation by Applications. Use of substances should be regulated by applications and not by product group. This can be a combination of general ban and publication of a realistic exemption list.
(2) Based on Sound Science. Use of substances in certain applications as well as exemptions should be based on periodic technological assessment in accordance with technological development. From that point of view, the exemption list should also be subject to review and if necessary, subject to change at some stage, based on the technological development.
(3) Realistic Time-Frame. The exemption list should work as an effective objective for the industry in terms of development of technologies and designing of products. Accordingly, the phase-out dead line should be set out in the realistic time frame such as 2010 so that the industry can make effective effort to meet the deadline.

In June 1999, JBCE submitted the position paper "Impact of substance bans on electrical and electronic components", including the analysis on the technological substitutability of substances by applications at 2004. But as the time available until 2004 is rather short, it is apparent that much cannot be substituted by 2004.
From the point of view stated above, we have analysed the substitutability of substances by application by 2010. The applications are divided in 3 categories, that is, the substance is 1) highly possible to substitute but uncertain in 2010, 2) possible to substitute but uncertain in 2010, 3) impossible to substitute in 2010. We ask that at least the applications in the third category should be listed in the exemption list. The first and second categories should be listed in the "interim exemption list" where the technological review shall be made at 2006 to decide whether this will be technologically substitutable by 2010.

We understand that an option of dealing with the substance bans in a new approach directive is being considered within the European Commission. We would like to emphasize that JBCE has taken no position on this option and thus this position paper does not intend to undermine the option.

Yours sincerely,

Hajime Tsuruoka
President
Japan Business Council in Europe
ANNEX

Items to be added in Annex II of the 3rd draft for WEEE Directive

Lead

Applications Related products
Highly possible
But uncertain to
Substitute in
2010 Lead (Pb) in solder plating layer of lead wires or terminals of electronic parts General leaded components, Plating for connectors and terminals of electrical parts
Lead(Pb) used for optical lenses and other optical components A. Lens for optical communication,
Optical pickups, Cameras,
Camcorders, Facsimiles,
Scanners, Copiers, Projectors,
Optical filters, etc.
B. For professional instruments and
Specific use
-Zoom lens for broadcast television camera
-Optical beam lens (laser) transceiver
-Zoom lens for cinema camera (35mm, super 16mm, etc.)
-Zoom/fixed lens for projector
-Lens for semiconductor
equipment
C. Paint on glass for protection of
Evaporated coating
-Lens, Mirror, Prism and other
optical parts
Alloys containing a small amount of Lead(Pb)
Copper alloy: Lead content up to 4.5wt% shall be exempted.
Steel alloy : Lead content up to 0.35wt% shall be exempted.
Aluminum alloy: Lead content up to 0.6wt% shall be exempted. Metal parts
Lead in glass fibres used for plastic reinforcing material

Applications Related products
Possible but
Uncertain to
Substitute in
2010 Lead(Pb) contained in solder (with approx. 40wt% of Lead) for general electrical connection purpose General printed circuit boards and so on
Lead(Pb) in thermal fusing materials used for electronic components Fuse resistor, Thermal cut off, Ta electrolytic capacitor with fuse, etc.
Lead(Pb) contained in low melting point glass for packaging for CCD or Laser diodes and for sealing semiconductor packages Light emitting, Receiving devices or Semiconductor diodes such as CCD, Laser diodes
Fluorine resin containing 3-4% lead Dry bearing in various machines as well as medical equipment
Lead(Pb) in "Table Glass" for copier and printer
Impossible to
Substitute in
2010 Lead(Pb) contained in high melting temperature type solder used within an electronic component for internal connection purpose between functional element and wires, terminals, heat sinks, etc. Resistors, Capacitors, Chip coil, Resistor networks, Capacitor networks, Power semiconductors, Discrete semiconductors, ICs, Chip EMI, Chip beads, Chip inductors, Chip transformers etc.
Lead(Pb) contained in high melting temperature type solder used for mounting electronic components onto sub assembled module or sub-circuit board. Hybrid ICs, Modules, etc.
Lead(Pb) in high melting temperature type solder to seal metal roof and ceramic package, etc. SAW (Surface Acoustic Wave)
Filters, Quartz resonators and filters, etc.
PbS(Lead-Sulfur) detector for near infrared spectrophotometer
Lead(Pb) contained in glass for fluorescent or other light housings
Lead(Pb) in glass flit used for electronic parts Chip resistor networks, Chip RC networks, Chip capacitor networks, Chip resistor array, Resistor networks, Magneto resistive elements, Trimmer, Potentiometer, etc.
Lead(Pb) contained in glazing glass as thick film insulators High voltage resistors, Hybrid ICs, Resistors, Resistor networks, RC networks, Capacitor networks, Resistor, Resistor networks, RC networks, Capacitor networks, Resistor arrays, Magneto-resistive elements, Ceramic heaters, etc.
Lead(Pb) contained in bonding glass for magnetic head Magnetic heads

Applications Related products
Impossible to
Substitute in
2010 Lead(Pb) in glass passivation for semiconductor chip Diode, Thyristor, Power transistor, etc.
Lead(Pb) contained in thick film resistive layers RC networks, Potentiometers, Hybrid Ics, Chip Resistors, Chip resistor networks, Chip RC networks, Chip capacitor networks, Chip resistor arrays, Trimmer potentiometers, etc.
Lead(Pb) in video head glass
Lead in glass of Plasma Display Panel
PZT film high dielectric layer for
semiconductor memory chip
FeRAM, piezo electronic
components, etc.
Lead(Pb) used for lens for contact
sensor and nonmydriatic retinal camera

Mercury

Applications Related products
Impossible to
Substitute in
2010 Mercury in hour meter
Back light for LCD LCD display for PC, LCD units
MCT (Mercury-Cadmium-Tellur)
Detector for FTIR microscope
High intensify discharge lamp
especially developed for projectors
(LCD, DLP, etc.)
Mercury in the fluorescent lamp, 400 mm or longer in length, equipped in copiers for drawings and large-size sheet readers
Mercury(Hg) contained in new type lamp, metal halide lamp and lamp of D-ILA.

Cadmium

Applications Related products
Highly possible
But uncertain to
Substitute in
2010 Cadmium in optical solid filters used for optical beam splitting system
Possible but
Uncertain to
Substitute in
2010 Cadmium contained in thick film resistive layer of potentiometers Potentiometers
Cadmium contained in electric contacts Switches, Relays, Thermal fuses, Thermal cutoff, and other electric contacts
Impossible to
Substitute in
2010 Cadmium contained sensor TV, CdZnTe for CT equipment,
CdWO4 for CT equipment,
CdTe for X-ray equipment, etc.
MCT (Mercury-Cadmium-Tellur)
for FTIR microscope
ZnCdS as additive for fluorescent
body in image amplifier
Rechargeable battery Nickel Cadmium (NiCd) Battery used in security systems, Medical equipment, Electrical tools and other electrical and electronic equipment.
Cadmium contained in bonding glass for magnetic head
Welding material for HID lamp
Cadmium contained in plating
material of connector shell (in order to
prevent oxidisation of the surface
finishing)
Cadmium(Cd) contained in new type lamp, metal halide lamp and lamp of D-ILA.
Cadmium(Cd) contained in CdTe
as a shield film

Hexavalent Chromium

Applications Related products
Highly possible
But uncertain to
Substitute in
2010 Coated sheet which considers production process and electrical conductivity
Chromium family dye used for plastic colourant
Possible but
Uncertain to
Substitute in
2010 Hexavalent Chromium in chromate treatment and chromium plating anticorrosion Loudspeaker, Loudspeaker system, Loudspeaker system with amplifier, Sounder, Bolts, Nuts, Screws,
Steel sheets, Shafts, other metal parts, etc.
Impossible to
Substitute in
2010 Hexavalent Chromium contained in back light lamp for LCD panel viewfinder of Camcorder

Other

Spare parts for maintenance of finished products put on the market before specified phase out date