1. Substance Bans
It is our position that substance regulation should not be included in the WEEE Directive but should be dealt with pursuant to existing horizontal legislation and should be based on comprehensive risk assessments. The 10th May draft WEEE Directive, however, still requires the use of lead, mercury, cadmium, hexavalent chromium, PBB and PBDEs be substituted by 2008. If the Commission decides, notwithstanding the above arguments, to deal with substance regulation within the WEEE Directive, JBCE believes that the following science-based and realistic approaches are taken in order that the WEEE Directives does not pose any unjustified trade and business barrier in the European market.

(1) For most cases, it is impossible to achieve substitution of specified substances above by 2008. We strongly request that the date for substitution of listed substances should be postponed at least to 2010.

(2) The exemption list in Annex II should be expanded in order to reflect substitutability of substances. We have analyzed the substitutability of substances by application by 2010 and made a list of applications. The attached list, "Items to be added in Annex II of the 10th May draft for WEEE Directive," should be exempted.

(3) As we claimed in the Position Paper which was submitted on 18 April 2000, spare parts for maintenance of and consumables for finished products put on the market before specified substitution date (2008 in the draft) should be exempted from substance bans. Normally, it is very difficult to eliminate the use of substances without changing the design of the whole product and there is a great risk that the spare parts or consumable for the products already in use cannot be supplied if the substance bans extend to these as well. Without this exemption, goods with only minor trouble will have to be replaced, which will create unnecessary waste and will adversely affect environment.

2. Historical Waste
Under the 10th May draft Directive, the financing obligation of historical waste would start five years after entry into force of the Directive, but length of products life varies with products. Some products such as "Large Household Appliances" listed in Annex II have a long life extending 10 to 20 years. In the event that take-back obligation applies to the historical waste, producers will become responsible for recycling the products put on the market 20 years before the implementation of the Directive. Financing obligation of historical waste on products with such a very long life (air conditioner, etc.) should start at least 10 years after entry into force of the Directive.

3. Recycling Rate
Recycling target under the 10th May draft Directive is very high of 70 to 90 % and groundless. In the Explanatory Memorandum, it is indicated that the experimental result demonstrates that 70% of small household appliances are recyclable. If the product contains a large amount of metal components, the recycling rate could reach as high as 70% by separating metal components. With respect to small household appliances, IT & Telecommunication - Equipment and Consumer equipment containing a lot of plastic components, the recycling rate could not be so high.
In Japan, the recycling rates required by the law are 50% for refrigerators and washing machines, and 55% for television sets, and 60% for air conditioners including incineration. In comparison with these Japanese levels, the recycling rates of 70 to 90% required by the draft Directive are far too high. Also, IT & Telecommunication - Equipment was added to the 10th May draft with 90% recycling rate which is too high figure and unrealistic. It should be requested to have consultation with industrial association for realistic figure. At voluntary bases, 60% recycling rate for this category is targeted by industrial association in Japan.
The Directive should provide, therefore, that the recycling rate, be determined based on the considerations given by the government and industry together after a certain period of time subsequent to the implementation of the Directive, taking into account other environmental loads, technical feasibility, and the data to be accumulated henceforth.

4. Removal of specified substances and components from waste equipment
(1) The 10th May draft Directive added Printed Circuit Boards, Toner Cartridges, Plastic containing halogenated flame retardants, etc. as what should be removed from waste equipment in Annex III. It is illogical that components without specified dangerous substances such as lead, mercury, cadmium, hexavalent chromium, PBB and PBDEs are included in the list which shows substances, preparations and components subject to be removed from waste equipment. Furthermore, removal of these parts would impose heavy burden on industry because it needs a lot of human works and time, thus requirement for selective treatment should be kept to the minimum from the standpoint of removing dangerous substances. Specified substances, preparations and components in Annex III should be limited by describing certain element that would be regarded as dangerous. "Plastic containing halogenated flame retardants" should be revised to "plastic containing PBB and PBDEs."
Also, "Batteries" must not be regulated in Annex III to avoid the overlap with the battery directive.

(2) As we insisted in the position paper of 30 November 1999, LCD per se, devoid of back light and drive circuit board in the liquid crystal module, does not contain dangerous substances such as mercury, lead, and hexavalent chromium that are listed under Annex II. There is no reason to consider LCD to be toxic. While in the 10th May draft Annex III "Gas discharge lamps" are specified, "Liquid Crystal and all those back lighted with gas discharge lamps" are added. These are duplicated requirements. Therefore we request that all references to LCD should be deleted from Annex III.
Also we would like to note that "Gas discharge lamps" may not be always contained with toxic material such as mercury. "Gas discharge lamps with mercury contained" should be only considered in the draft.
Items to be added in Annex II of the 10th May draft for WEEE Directive

The applications of substances 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. At least the applications in 3) should be listed in the exemption list. The categories of 1) and 2) should be listed in the "interim exemption list" where the technological review shall be made in 2006 to decide whether those will be technologically substitutable by 2010.

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
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.
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
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
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 oxidation 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

Spare parts and consumables

Spare parts for maintenance of and consumables for finished products put on the market before specified substitution date