Distag Compliance Program

Distag QCS periodically investigates product compliance with its Suppliers to assess the worldwide compliance of our products. Specifically, Distag QCS is providing this communication and request in regards to compliance with the EU REACH Regulation, EU SCIP Database, EU RoHS 2 Directive, EU POPs Regulations, China RoHS 2 Regulation, Asbestos Regulations and California’s Perchlorate Contamination Prevention Act.

The information you provide to Distag QCS is critical for us to evaluate the compliance of our products.

For your reference, Distag QCS may provide summaries of our understanding of the EU REACH Regulation, EU SCIP Database, EU RoHS 2 Directive, EU POPs Regulation, China RoHS 2 Regulation, Asbestos Regulations and California’s Perchlorate Contamination Prevention Act to assist your company in completing this survey.

Supplier certifies that it gathered the provided information and such information is true and correct to the best of its knowledge and belief, as of the date that Supplier completes this form. Supplier acknowledges that Company will rely on this certification in determining the compliance of its products. Company acknowledges that Supplier may have relied on information provided by others in completing this form, and that Supplier may not have independently verified such information. However, in situations where Supplier has not independently verified information provided by others, Supplier agrees that, at a minimum, its suppliers have provided certifications regarding their contributions to the part(s), and those certifications are at least as comprehensive as the certification in this paragraph. If the Company and the Supplier enter into a written agreement with respect to the identified part(s), the terms and conditions of that agreement, including any warranty rights and/or remedies provided as part of that agreement, will be the sole and exclusive source of the Supplier’s liability and the Company’s remedies for issues that arise regarding information the Supplier provides in this form.

The EU REACH Regulation requires that all chemical substances produced in or imported into the EU in quantities greater than one (1) metric ton per year be registered with the European Chemicals Agency (ECHA). Substances that are contained within mixtures, preparations, pre-charging liquids or residues are also subject to registration.

Under certain conditions, REACH requires the registration of substances when present in articles[1]. An article may be a final product, an assembly or a part. The registration of substances in articles is required when a chemical is intended to be released from articles during normal or reasonably foreseeable conditions of use if the substance is present in those articles in quantities greater than one (1) metric ton/year per manufacturer/importer per article type.

Article 33 of REACH has an aim to ensure that sufficient information is communicated down the supply chain to allow the safe use of articles by workers, professional and industrial end-users, consumers and waste recyclers due to the presence of Candidate List substances in articles. It requires manufacturers, importers and suppliers of an article containing more than 0.1% weight by weight of a Candidate List of Substances of Very High Concern (SVHC) for Authorization substance to:

• Provide the recipient with information (including the name of the substance) to allow safe use of the article, within 45 days of request.
• Provide safe use information that will cover all relevant life cycle stages of the article, including disposal and the waste stage.

[1] Article: means an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition. Source: REACH Regulation (EC) No 1907/2006.

The New EU Waste Framework (WFD) Directive legally requires Companies that place articles, found in final products, assemblies or parts. containing Substances of Very High Concern (SVHCs), greater than 0.1% weight by weight (w/w), on the EU / EEA Market, to submit specific relative data to ECHA via the SCIP database. The SCIP Database ensures that the information on articles containing candidate list substances is available throughout the whole lifecycle of products and materials, including at the waste stage.

Article 33 of REACH supports the EU WFD aim to ensure that sufficient information is communicated down the supply chain to allow the safe use of articles by workers, professional and industrial end-users and consumers due to the presence of Candidate List substances in articles. It requires manufacturers, importers and suppliers of an article containing more than 0.1% weight by weight of a Candidate List of Substances of Very High Concern (SVHC) for Authorization substance to:

1. Provide the recipient with information (including the name of the substance) to allow safe use of the article.
2. Provide safe use information that will cover all relevant life cycle stages of the article, including disposal and the waste stage.

Persistent organic pollutants (POPs) are organic substances that persist in the environment, accumulate in living organisms and pose a risk to our health and the environment. They can be transported by air, water or migratory species across international borders, reaching regions where they have never been produced or used. International risk management is necessary as no region can manage the risks posed by these substances alone. POPs falls under Regulation (EU) No 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants.

The POPs Regulation aims to protect human health and the environment with specific control measures that:

• prohibit or severely restrict the production, placing on the market and use of POPs;
• minimise the environmental release of POPs that are formed as industrial by-products;
• make sure that stockpiles of restricted POPs are safely managed; and
• ensure the environmentally sound disposal of waste consisting of, or contaminated by POPs.

California Proposition 65 (CA Prop 65), officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The proposition protects the State of California’s drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to such chemicals.

Proposition 65 requires the state to maintain and update a list of chemicals known to the state to cause cancer or reproductive toxicity and also requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.

Worldwide, 60 countries (including those in the European Union) have banned the use of asbestos, in whole or in part. Asbestos is listed as a category of controlled waste. Specifically, any waste streams having asbestos (dust and fibres) as constituents are controlled.

It is the responsibility of importers and exporters to ensure they do not import or export asbestos and Asbestos Containing Materials (ACM). It is a legislative requirement that all importers and exporters comply with the regulations governing the potential importation or exportation of asbestos or ACM.

Perchlorate is a regulated drinking water contaminant in parts of the U.S. and has been reported in at least 20 states. Perchlorate greatly impacts human health, therefore, the California Legislature passed the Perchlorate Contamination Prevention Act of 2003 requiring the Department of Toxic Substances Control (DTSC) to adopt best management practices regulations for perchlorate materials. DTSC adopted the Perchlorate Best Management Practices (BMP) regulations, which became effective on July 1, 2006.

Perchlorate (ClO4) is both a naturally occurring and manmade contaminant increasingly found in groundwater, surface water and soil. Most perchlorate manufactured is used as an ingredient in solid fuel for rockets and missiles. In addition, perchlorate-based chemicals are also used in common batteries and automobile restraint systems, i.e., machines, parts, components, and assemblies.

All products containing perchlorate, above the given threshold of 6 parts per billion (ppb), are within the scope of this regulation.

The new EU RoHS Directive (RoHS 2), officially known as Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (recast) entered into force on July 21, 2011. The RoHS Directive restricts the use and thresholds of Lead, Mercury, Cadmium, Hexavalent chromium, Polybrominated biphenyls, and Polybrominated diphenyl ethers in manufacturing of certain electrical and electronic equipment sold in the European Union.

The new RoHS Directive scope has been extended to all electrical and electronic equipment (EEE), including monitoring and control instruments, and EEE products not covered under the previous categories (unless specifically excluded).

China’s “Management Methods for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products” Regulation (China RoHS 2) went into effect on July 1, 2016 and applies to Electrical and Electronic Products (EEP). Similar to new EU RoHS Directive, the regulation restricts the use and thresholds of Lead, Mercury, Cadmium, Hexavalent chromium, Polybrominated biphenyls, and Polybrominated diphenyl ethers in products. This regulation applies to products imported into China for sale in China and products manufactured in China and sold in China.

The EPA (Environmental Protection Agency) under the under the Toxic Substances Control Act (TSCA) section 6(h), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA issued five final rules on January 6, 2021 to reduce exposures to certain chemicals that are Persistent, Bioaccumulative and Toxic (PBT). These chemicals build up in the environment over time and can therefore have potential risks for exposed populations, including the general population, consumers and commercial users, and susceptible subpopulations (such as workers, subsistence fishers, tribes and children).

The EPA have regulated and restricted the below chemicals for use in parts and components.

• Decabromodiphenyl ether (DecaBDE): A flame retardant in plastic enclosures for televisions, computers, audio and video equipment, textiles and upholstered articles, wire and cables for communication and electronic equipment, and other applications. CAS Number 1163-19-5
• Phenol, isopropylated phosphate (3:1) (PIP (3:1)): A plasticizer, a flame retardant, an anti-wear additive, or an anti-compressibility additive in hydraulic fluid, lubricating oils, lubricants and greases, various industrial coatings, adhesives, sealants, and plastic articles. CAS Number 68937-41-7
• 2,4,6-tris(tert-butyl) phenol (2,4,6-TTBP): An intermediate/reactant in processing, and is incorporated into formulations destined for fuel and fuel-related additives; CAS Number 732-26-3
• Hexachlorobutadiene (HCBD): A chemical used as a halogenated aliphatic hydrocarbon that is produced as a by-product during the manufacture of chlorinated hydrocarbons. CAS Number 87-68-3
• Pentachlorothiophenol (PCTP): A chemical used to make rubber more pliable in industrial uses. CAS Number 133-49-3

There are certain exemptions, for example Phenol, Isopropylated Phosphate (3:1) (PIP 3:1), is allowed in lubricants and greases. The end customer must be notified that their product contains any PIP (3:1).

There are currently another 34 substances under review by TSCA this list is subject to change.