Document qkpm98g43pMpqO53jbRmjLXQE

These slides have been updated following publication of the COMMISSION DELEGATED REGULATION (EU) 2020/784 "In use in the Union" - This means that there is a differentiation between EU produced parts and parts imported in to the EU. Imported parts in to the EU cannot take advantage of the 6 month window Parts and vehicles making use of the derogations will need to notify the appropriate Member State if their "Stockpiles" exceed 50kg of PFOA. Member States may have a different approach to these Stockpiles - some apply nationally (i.e. the 50kg limit applies to the country) and some apply federally (i.e. the 50kg limit would apply to the specific region / State within a country) The following definitions & assumptions are used in this document (based on the definitions in the EC document "Implementation of Article 4(2) of the POPs Regulation") "In use" - includes "processing, formulation, consumption, storage, keeping, treatment, filling into containers, transfer from one container to another, mixing, production of an article or any other utilisation" Therefore there is no difference between "Produced by" and "In use before" for an article. "Complex Objects" are an assembly of "Articles" and may include "mixtures" Only substances, mixtures and articles have the legal obligation to comply "Complex Objects" comply if the articles and mixtures comply. Once an article, always an article As soon as one article is produced, it is always an article Several articles assembled together in to a component, make that component a "Complex Object" If the article "undergoes a change of shape, surface or design", it is then classified as a new article For Parts Produced in the EU, Placing on the market is... Case 1: Articles produced before 4.7.20 OKAY 4.7.20 OKAY 4.1.21 OKAY Case 2: Articles in use before 4.7.20 OKAY OKAY OKAY Case 3: Articles used to produce a new article (must involve a change in dimensions) OKAY Case 4: Complex Objects assembled anytime OKAY Prohibited (>25ppb) Prohibited (>25ppb) OKAY OKAY Automotive Example 1 - PFOA containing polymer All EU Production - Placing on the market is... 4.7.20 4.1.21 Step 1: Polymer granule production OKAY Prohibited (>25ppb) Prohibited (>25ppb) Step 2: Polymer sheet produced - 1st article produced Step 3a: Polymer sheet assembled in to engine (complex object). OKAY OKAY Prohibited (>25ppb) Prohibited (>25ppb) OKAY OKAY Step 3b: Polymer sheet cut into o-ring - 2nd article produced OKAY Prohibited (>25ppb) Prohibited (>25ppb) Step 4: O-ring is manufactured before 4.7.20 and assembled in to engine (complex object) OKAY OKAY OKAY Automotive Example 2 - PFOA containing resistor All EU Production - Placing on the market is... 4.7.20 4.1.21 Step 1: Resistor production - article Step 2: Resistor add to printed circuit board - Complex Object OKAY OKAY Prohibited (>25ppb) Prohibited (>25ppb) OKAY OKAY Step 3: Printed circuit board added to radio - Complex Object Step 4: Radio added to car - Complex Object OKAY OKAY OKAY OKAY OKAY OKAY Step 5: Radio service part (on stock) - Complex Object OKAY OKAY OKAY Automotive Example 3 - PFOA containing grease in seat All EU Production - Placing on the market is... 4.7.20 4.1.21 Step 1: Grease production - mixture Step 2: Grease added to gear mechanism before 4.7.20 - article Step 2b: Grease added to gear mechanism after 4.7.20 - article OKAY OKAY OKAY Prohibited (>25ppb) Prohibited (>25ppb) OKAY OKAY Prohibited (>25ppb) Prohibited (>25ppb) Step 3: Gear mechanism added to seat - Complex Object Step 4: gear service part (on stock) - article OKAY OKAY OKAY OKAY OKAY OKAY Automotive Example 4 Imports in to the EU- Placing on the market is... Step 1: Radio built outside EU before 4.7.20 OKAY 4.7.20 4.1.21 Prohibited (>25ppb) * OKAY Prohibited (>25ppb) Step 2: Radio built before 4.7.20 but imported after 4.7.20, assembled in to EU vehicle - Complex Object OKAY Prohibited (>25ppb) * OKAY Prohibited (>25ppb) Step 3: Radio built before 4.7.20 but imported before 4.7.20, assembled in to EU vehicle - Complex Object OKAY OKAY OKAY Step 4. Car built outside the EU before 4.7.20 Step 5: Radio built before 4.7.20 in the EU, exported to outside the EU, assembled into a car outside the EU after 4.7.20 OKAY Prohibited (>25ppb)* OKAY Prohibited (>25ppb) OKAY OKAY * acc. to the interpretation of the BAuA Automotive Example 5 - Spare Parts Imports in to the EU- Placing on the market is... 4.7.20 4.1.21 Step 1: Service Part built outside EU before 4.7.20 and enters the EU after 4.7.20 OKAY Prohibited (>25ppb) * OKAY Prohibited (>25ppb) Step 2: Service Part built outside EU before 4.7.20 and enters the EU before 4.7.20 OKAY OKAY OKAY Step 3. Service Part built outside EU after 4.7.20 Prohibited (>25ppb) Prohibited (>25ppb) * according to the interpretation of the BAuA