Material Compliance Worldwide

Some countries have introduced regulations similar to the EU’s REACH Regulation. Turkey, for instance, has enacted a regulation called KKDIK (Registration, Evaluation, Authorization, and Restriction of Chemical Substances), which controls the registration process and monitoring of chemicals in the country. Additional countries are:

• USA
• China
• Australia
• Canada
• South Africa
• South Korea
• Taiwan
• Malaysia
• Thailand
• Vietnam

and many others.

Even though the requirements are similar to those of the EU REACH Regulation, in very many countries it remains a challenge to determine what specific obligations they involve for foreign product manufacturers.

When it comes to restricting dangerous substances in electrical and electronic devices, the EU RoHS Directive is a global role model. Countless countries (including China, Japan, South Korea, Vietnam, India, Turkey, Saudi Arabia, etc.) have enacted RoHS-like provisions that usually refer to the same substances.

However, although these regulations seem similar at first glance, the details can vary widely when it comes to implementing the requirements. Sometimes material analyses and certifications by third parties are required. And there can be just as many differences between affected products. Since, in addition, there is frequently no labelling required in this context, background knowledge is paramount.

Adopted back in 1976, TSCA is the main law regulating chemical substances in the USA. The Frank R. Lautenberg Chemical Safety for the 21^st Century Act updated the law and equipped the Environmental Protection Agency (EPA) with new powers to perform risk assessments for existing and new chemicals and enact corresponding provisions to ban or restrict “high risk substances”. At the beginning of 2021, this resulted in the enactment of new regulations for five persistent, bioaccumulative toxic substances (PBTs) (including PIP 3:1, a substance frequently occurring in electrical components, which was previously unregulated around the world). In the near future, we can expect further regulations that will affect all companies exporting products to the USA.

California Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act 1986, is a Californian law that aims to protect against harmful chemicals that are known to cause cancer or reproductive damage. The current substance list includes more than 1,000 substances. Exposure to these chemicals can occur when products are used (e.g. through skin contact, inhalation, etc.). Exposure can also arise in apartments, in the workplace, or in other environments (e.g. theme parks, hotels, gas stations, etc.). Clear and appropriate warnings aim to give Californian citizens the option of deciding whether to accept the exposure or not. Manufacturers of components, too, may have to pass on warning messages to the manufacturers of end products. Are staff exposed to listed chemicals during assembly? Is it necessary to have a warning on the finished product? The risks to companies are immense, as any public institution, but also any Californian citizen, can bring an action against them in a court of general jurisdiction.