CONSULTATION BRIEF
Start date: 14 August 2020
Closing date: 11 September 2020
Title of the public consultation: The Waste Management (End of Life Vehicles) (Amendment) Regulations, 2020
Ministry: Ministry for the Environment, Climate Change and Planning
Entity: Environment & Resources Authority (ERA)
1. Background
The Waste Management (End of Life Vehicles) (Amendment) Regulations, 2020 transpose the obligations arising from Commission Delegated Directive 2020/362/EU and Commission Delegated Directive 2020/363/EU, both revising Annex II of Directive 2000/53/EC on End-Of-Life vehicles (ELVs) in relation to certain exemptions for lead and lead compounds and hexavalent chromium as anti-corrosion agent of the carbon steel cooling system in absorption refrigerators in motor caravans.
The Directive on ELVs was transposed into national legislation by the Waste Management (End of Life Vehicles) Regulations, as published by Legal Notice 99 of 2004 under the Environment Protection Act (CAP. 549), which designate the Environment and Resources Authority, the Malta Competition and Consumer Affairs Authority and the Authority for Transport in Malta as the national competent authorities for the different provisions of these regulations according to their designated responsibilities.
In order to increase reusability, recoverability and recyclability of ELVs, Article 4(2)(a) of the ELV Directive requires Member States to “ensure that materials and components of vehicles put on the market after 1 July 2003 do not contain lead, mercury, cadmium or hexavalent chromium other than in cases listed in Annex II under the conditions specified therein”. In this context, the entries in Annex II represent those materials and components exempted from this Article and is subject to regular reviews and amendments.
2. Implications
It is to be noted that Article 4 and Annex II of the ELV Directive are implemented nationally through Regulation 4(2) and Schedule 3 of S.L 549.36. In this regard, the updated regulations bring forth an updated Schedule, taking into consideration technical and scientific developments which are related to the exemptions on lead and lead compounds and hexavalent chromium. The new obligations are set as follows:
- Item 8(e) substituted with the following wording “Lead in high melting temperature type solders (i.e. lead based alloys containing 85% or more lead by weight)” – This exemption will be reviewed again by 2024.
- Item 8(f)(b) substituted with the following wording “Lead in compliant pin connector systems other than the mating area of vehicle harness connectors Lead in compliant pin connector systems other than the mating area of vehicle harness connectors”- This exemption will expire for vehicles type-approved before 1 January 2024 and spare parts for these vehicles.
- Item 8 (g) substituted by the following sub-entries:
- 8(g)(i): “Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages” – This exemption will expire for vehicles type-approved before 1 January 2022 and spare parts for these vehicles.
- 8(g)(ii): “Lead in solders to complete a viable electrical connection between the semiconductor die and the carrier within integrated circuit flip chip packages where that electrical connection consists of any one (1) of the following:
(i) a semiconductor technology node of 90 nm or larger;
(ii) a single die of 300 mm2; or larger in any semiconductor technology node;
(iii) stacked die packages with dies of 300 mm2; or larger, or silicon interposers of 300 mm2; or larger”
– This exemption is valid for vehicles type-approved from 1 October 2022 and spare parts for these vehicles.
- Item 8(k) added immediately after item 8(j) with the following wording: “Soldering of heating applications with 0.5 A or more of heat current per related solder joint to single panes of laminated glazing not exceeding wall thickness of 2.1 mm. This exemption does not cover soldering to contacts embedded in the intermediate polymer”- This exemption will expire for Vehicles type approved before 1 January 2024 and spare parts for these vehicles.
- Item 14 substituted with the following wording: “Hexavalent chromium as an anti-corrosion agent of the carbon steel cooling system in absorption refrigerators up to 0.75% by weight in the cooling solution:
(i) Designed to operate fully or partly with electrical heater, having an average utilised electrical power input < 75W at constant running conditions – This exemption will expire for Vehicles type approved before 1 January 2020 and spare parts for these vehicles.
(ii) Designed to operate fully or partly with electrical heater, having an average utilised electrical power input ≥ 75W at constant running conditions – This exemption will expire for Vehicles type approved before 1 January 2026 and spare parts for these vehicles.
(iii) Designed to fully operate with non-electrical heater
3. Comments
The Waste Management (End of Life Vehicles) (Amendment) Regulations, 2020, were published by virtue of article 55(2) of the Environment Protection Act (Cap 549). In line with article 55(3) of Cap 549, the public is invited to make submissions to ERA with their comments as to why and how these regulations could be amended.
The Waste Management (End of Life Vehicles) (Amendment) Regulations, 2020 may be viewed from the following link.
Any comments must be submitted by 11th September 2020 at the latest on the following email address: [email protected].
The Ministry for The Environment, Climate Change and Planning and the Environment and Resources Authority shall take into consideration your concerns and comments as far as possible.
Documents
Publication of information
Please be informed that comments submitted, together with the identity of the contributor, may be published online at the end of the public consultation, unless the contributor objects to the publication of his/her personal data. In this case, the contribution may be published in anonymous form.
