Legal Aspects, Standardization and Liability

Abstract

The legal framework concerning reuse of components and systems is sometimes difficult to understand. Fundamentally, every legal standard of a country is binding in that country and also in others if a manufacturer is designing products that will be sold internationally. The following regulations are European-wide and often are very similar in other developed countrsies world-wide.

Key Points, Exercises, Recommended Further Reading, References/Websites

1.1 1. Key Points

• Many directives require actions for take-back and recycling including ecodesign. Most important for product development is the Ecodesign Directive. In the meantime measures are given for many products which require better environmental compatibility. More will follow. The Ecodesign Directive includes not only reuse but also design requirements for the whole lifecycle. Reuse projects are promoted by European Commission and may end in a reuse target.

• Regulations for take back and recycling are part of the WEEE directive. Not only are 10 collection groups formed, but also targets for collection and recovery are set. The volume of reuse will reduce the necessity for recycling rates.

• With the RoHS3 directive 6 substances (Pb, Cd, Cr(VI), Hg, brominated biphenyls and diphenylethers) are prohibited in all E&E products and some phthalates (DEHP, BBP, DBP and DiBP) have been added till 2019. Components with such substances cannot be reused in new products. Some more restrictions have to be observed and conformity must be declared by use of the CE mark. Exemptions to the RoHS are granted but with changing validity (see the homepage of the European Commission). Worldwide, similar law is spreading and should be carefully studied.

1.2 Exercises

• (1) How a company, besides conducting an expensive analysis, can make sure that prohibited substances are not included in a component?

• (2) Which legal requirements do you find about reuse of E&E products? Which volumes should be reused?

• (3) From where do you get information about legal requirements in other countries?

1.3 Recommended Further Reading

Exemptions to RoHS: https://ec.europa.eu/environment/waste/weee/legis_en.htm.

Recommended further reading: Belli and Quella [3],

ReBorn, reuse of factory systems project of EC: www.reborn-eu-project.org.

1.4 References/Websites

• Waste framework directive,

• End-of-life vehicle directive,

• Ecodesign (ErP) Directive [1],

• RoHS2/RoHS3 [33, 34] and WEEE [4] directives,

• Dodd-Frank Act about Conflict Minerals,

• Packaging and packaging waste directive,

• General product safety directive (GPSD) [36],

• EMC directive: Directive relating to electromagnetic compatibility (EMC) [37],

• Battery directive [38].

1.5 2. Key Points

• Standards are the tools enabling industry to do things in the same way. This can happen through acting cooperatively, to save money or to exclude other companies from the market.

• Standards can also be made for the same activity but with less strict requirements, like for all E&E products, or for office equipment. They could also be initiated by governments to persuade industry to unify to do the same things in the same way, such as for environmental protection in ISO 14001, and to increase the pressure on companies to apply the environmental standard. Governments also grant a mandate to a standardization organization to develop a standard, like for an analytical method, as a basis for a chemical law.

• Pressure could be applied on a company to get an independent certification, so that the company fulfills the requirements of the whole standard.

• National standards or publicly available specifications (PAS) are often developed for the test application of a standard before it is presented as a suggestion for an international standard.

1.6 Exercises

• (1) What could be the target of the European Commission in giving the IEC TC 111 the task to develop international standards, although the legislation is valid only in the European Union?

• (2) Please describe some differences between a standard, a PAS (publicly available specification) or a TR (technical report). Use the internet for research.

1.7 Recommended Further Reading

Standards IEC 62309, ANSI RIC 2015 (Remanufacturing Industries Council, RIC), UK, IEC 24700, IEC/PAS 62814, ISO/TR 14 062.

1.8 References/Websites

Unido, Working paper: Role of Standards: https://www.unido.org/sites/default/files/2009-04/Role_of_standards_0.pdf.

ISO: Economic benefits of standards, Volume 1,2, Geneva 2011.

1.9 3. Key Points

• Legislation requires different collection and recycling quota for different equipment. In many countries collection procedures are different.

• So often the conditions for the recycling have to be installed or volumes have to be brought together to get the critical volume for an economical recycling system. Engineers from a producing company therefore must find out how the processes work in their country to adapt it to their product. Examples are plastics, which might not be recycled in one country but are in another country.

• They can also install a collection process themselves to which other companies could join.

1.10 Exercise

Find out by contacting your local recycler which plastics and which metals they collect separately or which they dismantle for a materials recycling.

1.11 4. Key points

The role of software for recycling is still underestimated, especially in legislation

• Safety problems are dealt with in the safety directive.

• Dependability standards are missing, especially for the cooperation of HW and SW. For medical device regulations are available and standardized.

• Best test procedures are available if the product is as-new. In this case all tests for new products are valid.

• SW could extend the life of a product which would otherwise be expired as a result of too high energy consumption.

• Cybersafety is a new task for a reused product.

1.12 Exercise

Using the internet identify examples for reuse of HW and SW together. For example, in the automobile industry. What is required?

Name some products where cyber-safety might play a role during reuse.

1.13 Recommended Further Reading

Standard IEC 62304, check standards for reuse in the automobile industry.

1.14 References/Websites

Recommendations by the FDA and their standards.

https://www.fda.gov/medical-devices/digital-health/software-medical-device-samd.