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ENVIRONMENTAL COMPLIANCE,
RISK AND PRODUCT STEWARDSHIP
 HOW TO STAY ON TOP OF CONFLICT MINERALS,
   REACH, PRODUCT TAKE BACK, AND OTHER
         EMERGING GLOBAL ISSUES


           W e d n e s d a y, M a r c h 3 0 , 2 0 1 1
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Meet the Speakers


Paul E. Hagen
Principle
Beveridge & Diamond, P.C.




Scott Wilson
Content Solution Strategist
IHS
Environmental Compliance, Risk
   and Product Stewardship
                                    March 30, 2011


                                     Paul E. Hagen
                               Beveridge & Diamond, P.C.
                                     (202) 789-6022
                                  phagen@bdlaw.com

                                      www.bdlaw.com

   The purpose of this presentation is to provide you with current information on product law
    policy and regulatory developments. It is not intended as, nor is it a substitute for, legal
    advice. You should consult with legal counsel for advice specific to your circumstances.
Overview

• Product-Focused Environmental Requirements
  and Trends
• Conflict Minerals and Sourcing
• Ensuring Compliance and Market Access
• Expanding Extended Producer Responsibility
  (EPR) Mandates
• Tracking New Requirements



                                               5
Product-Focused Environmental
           Regulations: Overview
• New generation of
  environmental laws aimed at
  products rather than ―end-of-
  pipe‖ pollution
   –   New product design mandates
   –   Substance restrictions
   –   Energy efficiency
   –   Take-back mandates
• Emerging sourcing/CSR
  legislation
• Keeping pace with new and
  evolving requirements in
  multiple jurisdictions
• Identifying and managing risks
                                       6
Expanding Regulation Throughout
              Product Life-Cycle
Raw                                                       Market
             Manufacture          Distribution            Access
Materials
             and Design           / Logistics
Sourcing



 Conflict    Material             Dangerous      RoHS, Energy Efficiency,
 Minerals    Restrictions,        Goods Rules    Safety Standards,
             Energy Efficiency,   Packaging /    Chemical Notifications
             Supply Chain         Labeling


                   Collection,
                   Reuse, Recycling




                    Take-back Laws, Export
                                                                            7
                    Bans, Basel Convention
Key Drivers of Product-Focused
    Environmental Requirements

• Governments
   • RoHS, REACH, Material Bans, GHS, Green Chemistry
• NGOs
   • Greenpeace ―Scorecard‖ and the ―SIN List‖
• Retailers
   • TESCO - Carbon Labeling
• Customers
   • Green Awareness and Preferences Increasing
   • Environmentally Preferable Government Procurement
     (e.g., EPEAT)
                                                         8
Materials Sourcing Requirements

• New focus on materials sourcing
  – Conflict minerals
  – Timber and plant products
  – Conservation concerns (e.g., Palm oil in Indonesia,
    proposed Pebble Mine)


• New supply chain management challenges and
  public expectations


                                                          9
“Conflict Minerals” Law

• Dodd-Frank Act, section 1502

• SEC to promulgate regulations requiring annual
  reporting for manufacturers if
   – ―conflict minerals‖ (or metals derived from them)
   – are necessary for functionality or production of product


• Not a prohibition, but disclosure and transparency in
  supply chain



                                                                10
U.S. Conflict Minerals Legislation
• Concern: Funds from mining of certain minerals providing
  financial support to conflict in Democratic Republic of Congo
• Goal: Use market power of downstream users to limit financing
  for conflict through supply chain transparency and disclosures
• New U.S. law: Section 1502 of the Dodd-Frank Act imposes
  reporting requirements on SEC-reporting companies that make
  products containing certain minerals, if they are necessary for
  functionality or production of products
   –   Columbite-tantalite: Tantulum
   –   Cassiterite: Tin
   –   Wolframite: Tungsten
   –   Gold
• SEC to promulgate rules by April 15, 2011, although delay is
  possible following an extended comment period
                                                                    11
Conflict Minerals - Requirements
1                           2    If Yes or Cannot Tell,     3
Annual SEC Disclosure            Report / Identify:         Other Key Provisions:

                            • Description of measures
                             to exercise due diligence
                               on source and chain of
                                  custody of minerals
                                                              • Reports audited by
     Determine whether          • Any products that are       independent auditor
       products contain          not ―DRC conflict free‖
      ―conflict minerals‖          (i.e., products that          • Audit must be
     produced in DRC or           contain minerals that              certified
     adjoining countries       finance or benefit armed        • Report posted on
                                          groups)               company website
    Reasonable country of          • Facilities used to          • Option: label
        origin inquiry        process conflict minerals      products ―DRC Conflict
                                      (i.e., smelter)                 Free‖
                                   • Country of origin
                              • Information on efforts to
                               determine mine of origin

                                                                                12
Supply Chain Example


                          Product production
                                                                         Connector
                                                                         production
         PCB production


                                        Gold bonding                     Gold plating
Solder paste                                                             solution
production                              wire production
                                                                         production


          Tin refining
                                                              Gold refining


   Tin mining
                                                Gold mining                   Gold recycling



                                                                                        13
Implications
• Minimum due diligence standards still unclear, but:
   – Will require assessment of products that contain conflict minerals, and
     engagement with suppliers
   – Will generally require traceability to ―approved‖ smelters that use
     audited/certified supply chains
   – Industry-wide efforts (EICC and ITRI) to adopt sectoral standards for
     smelter validation
   – OECD Due Diligence Guidance

• Labeling, marketing and competitive differentiation:
   – Companies can label products ―DRC conflict free‖
   – Customers likely to demand ―DRC conflict free‖ products
   – Government procurement – California

• Companies must disclose/report on first fiscal year after
  promulgation of rules
                                                                               14
RoHS and Substance Restrictions
• Concern among governments, NGOs, and
  public re hazardous substances in products

• Proliferation of substance restriction
  requirements for electronics, toys and other
  products (e.g., mercury-containing products)

• Emerging Green Chemistry Initiatives

• Rapid, global expansion of requirements
  presents market access and supply chain
  challenges

• New international initiatives: SAICM and
  Mercury Convention

                                                 15
EU RoHS Directive
•   Imposes concentration limits on 6 substances in
    wide range of electronic products
     – Mercury, 0.1%
     – Lead, 0.1%
     – Cadmium, 0.01%
     – Hexavalent chromium, 0.1%
     – Two types of Brominated Flame Retardants
        (BFRs), 0.1%
•   Very influential – directly incorporated into many
    non-EU legal regimes, and clearly the model for
    many others
•   Exemptions by product application
•   Exclusions based on scope, e.g.
     – Batteries (but see EU Batteries Directive)
     – Spare parts (for pre-July 1, 2006 equipment)


                                                         16
EU RoHS II
• RoHS Recast agreed
   – Approved by Parliament Nov. 2010
   – Council expected to approve in 2011
   – Binding when transposed by Member States, by late-2012
• Recast will not expand the list of restricted substances
• But will streamline process for future amendments
• Monitoring & control instruments, medical devices and cables
  in scope
• New open scope covers all EEE unless specifically exempted
• New mandatory disclosure obligations will require ―immediate‖
  reporting of non-compliant EEE
• New CE-marking requirements for manufacturers
• Not superseded by REACH: must be ―coherent‖
                                                             17
RoHS Worldwide




                 18
US RoHS Laws
• RoHS in government procurement standards
  – Federal EPEAT
  – NYC Procurement Standards

• State RoHS Legislation
  – California RoHS
  – New Jersey RoHS
  – Various RoHS reporting requirements

• State-level substance-specific restrictions

                                                19
U.S. State-Level Materials Restrictions –
             Total Enacted Laws
140


120


100


80


60


40


20


 0
      2001   2002     2003   2004   2005   2006   2007   2008   2009   2010/2011



                    Source: EIATRACK (http://www.eiatrack.org/p/416)               20
Comprehensive Mercury Legislation




                                21
BFR Restrictions




                   22
Toxics in Packaging




                      23
Batteries Restrictions




                         24
DOT Rulemaking on Transport of
          Lithium Batteries
• U.S. DOT engaged in rulemaking that is likely to impose
  substantial new requirements on transport of lithium
  batteries, especially by air (including if shipped in
  products)

• Draft final rule now at OMB for review
   – Final rule expected soon for part of proposal (bringing rule in line
     with international standards)
   – New proposed rule will re-propose controversial issues (e.g.,
     dropping exemptions for small batteries)



                                                                       25
EU REACH Regulation

•   Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals
•   Not just chemicals: has implications for electronics importers:
     – Registration of substances if >1 tpy and intended for release
     – Notification of substances of very high concern (―SVHCs‖) in articles, if >1 tpy,
       and >0.1% (6 months after SVHC listing, beginning June 1, 2011)
•   Electronics ―suppliers‖ (includes retailers) must communicate to recipients (other
    than consumers) regarding SVHCs in articles, if >0.1%, effective upon listing
     – Must include name of substance and info on safe use when provide the article
     – Must provide info to consumers within 45 days of request
•   Authorization requirements for certain high-risk substances
•   Effect is to broaden supply chain management requirements beyond RoHS,
    because companies need content and concentration information for broad range
    of substances
•   Currently 46 SVHCs, 15 of which have been recommended for authorisation,
    including several in electronics (4 phthalates, HBCD, diarsenic trioxide &
    pentaoxide, short-chain chlorinated paraffins, and tributyltin oxide)

                                                                                           26
END-OF-LIFE AND
PRODUCT TAKE-BACK ISSUES




                           27
Product Take-Back
• European Union
   – EU Directive 2002/96/EC on Waste Electrical and Electronic
     Equipment (WEEE) (recast currently underway)
• United States
   – 24 distinct state laws
• Canada
   – Provincial laws create take-back obligations
   – No mandatory federal law
• Latin America
   – Rapidly expanding federal, state, or municipal laws
• Asia / Pacific
   – China (China WEEE)
   – South Korea (Resource Recycling Act)
   – India (Draft E-Waste (Management and Handling) Rules 2010)

                                                                  28
Product Take-Back

• Targeted Products
  – Batteries
  – Waste Electrical and Electronic Products (WEEE)
• Common Elements
  –   Condition for sale of new products
  –   Registration (manufacturers, collectors, recyclers)
  –   Administrative and/or implementation fees
  –   Labeling and consumer information
  –   Collection programs
  –   Performance requirements & reporting

                                                            29
U.S. State E-Waste Legislation




                                 30
Key Elements of EPR in
                 Latin America
•   E-Waste Focus, Increasing to WEEE
•   Manufacturer/Importer Responsibility
•   Limited Government/Distributor Role
•   Management Plans (Permit)
•   Consortia/Individual Entity
•   Hazardous Waste Presumption
•   Registration/Certification Requirements
•   Free of Charge to Consumer
•   Take-Back Quotas
•   Waste Minimization/DfE


                                              31
EPR in Latin America, Enacted
•   Brazil
     – National Solid Waste Policy (Aug. 2010): framework law, establishes ―reverse
       logistics‖ requirements
     – National Solid Waste Policy Regulation (Dec. 2010): establishes rulemaking
       process
     – CONAMA Draft WEEE Resolution: status unclear
•   Colombia
     – 3 Producer Take-back Resolutions (July/Aug. 2010): Batteries, Computers &
       Fluorescent Lamps: take-back quotas
•   Costa Rica
     – E-Waste Management Regulation (May 2010): comprehensive producer take-
       back program
     – National Solid Waste Law (July 2010): proposed hazardous waste regulation
       potentially overlaps with e-waste regulation
•   Mexico
     – General Waste Law (2003) and Regulation (2006): framework for take-back of
       special management wastes, including some e-wastes
     – Pending regulations on management of hazardous and special management
       wastes, expected in 2011

                                                                                      32
EPR in Latin America, Pending
• Argentina
   – Several proposed WEEE-RoHS bills on national & provincial
     levels
• Chile
   – National Waste Bill in draft from includes e-waste take-back
• Ecuador
   – Hazardous waste regulation proposed in 2009 included some e-
     wastes; little progress in 2010
• Peru
   – E-waste regulation, with producer take-back, proposed Feb.
     2011
• Venezuela
   – National Solid Waste Management Law (Dec. 2010): framework
     law, includes e-waste take-back; regulation due by Dec. 2011

                                                                    33
Latin America – E-Waste Take-
       Back Initiatives




                                34
EPR in Latin America: Conclusions

• E-waste take-back here to stay
• Dynamic regulatory atmosphere
• Key final (or near final) initiatives
   – Brazil, Colombia, Costa Rica, Mexico
• Key pending initiatives, possible advance this year
   – Argentina, Chile, Ecuador, Peru, Venezuela
• Infrastructure key regulatory compliance barrier
• Export logistics can be challenging
• Allow significant lead time for compliance


                                                        35
Compliance Challenges
• Challenges in Tracking & Managing Disparate Programs:
   – Where are there laws?
   – What products are covered?
       • WEEE, Computers, Monitors (> 9‖ or > 4‖ in size), Televisions, Printers . . .
   – How does the program work?
       • Manufacturer-operated? Shared Responsibility? Advance Recovery?
       • What level of collection is required?
   – When are requirements ―due‖?
       • Each law operates on its own timeline - effective date, registration, fees,
         reporting, program year
   – Who must the recovery program serve?
       • Consumers, businesses, non-profits, school districts
   – Additional Requirements?
       • RoHS-like provisions
       • Responsible Recycling Provisions

                                                                                         36
Exports of Used and EOL Products

• Basel Convention parties moving to
  classify more used/end-of-life products as
  hazardous wastes

• Draft technical guidelines on electrical
  and electronic waste to be considered at
  COP-10

• Increased logistical challenges, trade
  bans and compliance costs for managing
  used and end-of-life electrical and
  electronic equipment world-wide



                                               37
New E-Waste Guidelines

• Draft Technical Guidelines on Transboundary Movement
  of Used Electronic and Electrical Equipment and E-
  waste, in Particular Regarding the Distinction Between
  Waste and Non-waste Under the Basel Convention
  (comments due June 30, 2011)


• Draft PACE Overall Guidance Document on
  Environmentally Sound Management of Used and End-
  of-Life Computing Equipment (forthcoming)


                                                       38
Refurbishment, Reuse,
              Warranty Returns
• Parties to the Basel Convention are deciding whether
  exports of used electrical and electronic equipment for
  repair, refurbishment and reuse are products or wastes
   – Wastes subject to control and trade bans?
   – Used products outside Basel?
   – Warranty returns, refurbishment, off-lease equipment?

• Risk of new export bans on shipments for legitimate repair
  and refurbishment from the U.S. and EU to non-OECD

                                                          39
Risk Mitigation: Regulatory Tracking

• EIATRACK http://www.eiatrack.org/
   – Web-based regulatory tracking tool
   – Directed by leading electronics manufacturers
   – Product-related environmental measures in key
     markets world-wide

• Facilitates communications and compliance:
   – Internal teams (global, regional, country, product)
   – Trade and business working groups
   – Technical consultants and legal counsel
                                                           40
Beveridge & Diamond, P.C.

• Largest firm focused primarily on environmental law and
  litigation
• Longstanding product stewardship practice
• Counsel to leading IT companies and trade associations
• Global network of local environmental counsel
• More at www.bdlaw.com




                                                        41
Scott Wilson
Content Solution Strategist
March 2011




  Copyright © 2011 IHS Inc. All Rights Reserved.   42
About IHS Inc.
  A Leading Information Provider




 • Founded in 1959, IHS is a leading source of information and expert analysis in pivotal
      areas shaping today’s global businesses

 • Employs 4,400 colleagues in 30 countries who speak 50 different languages

 • IHS customers include nearly 70% of the US Fortune1000 and 80% of the Global
      Fortune 500

 • Tens of thousands of customers and hundreds of thousands of end-users in over 100
      countries
             • Public (2005)                     NYSE: IHS

             • FY10 revenue                      $ 1,075 million




Copyright © 2011 IHS Inc. All Rights Reserved.                                              43
Compliance needs are Explicit and Implicit
a disruptive shift in the market changes supply chain behaviors

                 Explicit Needs
                                                                                              •Demonstrate Sustainability
                                                                                              •Comply with Regulations
Explicit
Requirements                                                                                  •Prove Ethical Supply Chain Management
                                                                                              •Meet Contract Obligations

                                                                                Customer
                                                                              Requirements

                                                                                              •Design and Redesign the Supply Chain
                                                                                                   e.g. Regulations  Standards  Parts

Implicit Needs                                                                                     e.g. EU ROHS  IPC  IPC 175x



                                        Indirect Materials,   Counterfeits   Obsolescence     •Navigate Constrained Supply
Implicit                               MRO and Chemicals      Management     Management


Requirements                                                                                  •Mitigate Obsolete Part & Manufacturing
                                                                                              •Manage Rising Price & Lead Times

                                       Semiconductors and     Standards &    Design Methods
                                                                                              •Avoid Counterfeit Parts
                                          Components          Regulations




Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                            44
Example: Japan scenarios addressed by IHS
   What are the supply chain impacts of the Japan earthquake?

                                       Client Scenario(s) : “How will this impact my supply chain?”
                                               What are my regulatory obligations and        Conflict Minerals Origin: Conflict-free tantalum.
                                               exposure to U.S. or California conflict
                                               minerals positions?
                                                                                              Supply Flow: Tantalum capacitors, have already
                                               Which commodities do I use that rely on       been in short supply now for over 12 months.
Explicit: Conflict                             tantalum, gold, tin, or tungsten? What
Minerals Tracking                              products do I use these in?                    Impact and Implications of Global Production:
                                                                                              • Global Reaction to Crisis will See Panic Buying
                                               Where are my raw materials,
                                                                                                Creating Shortage and Pricing Issues
                                               manufacturers, and suppliers located? Was
                                                                                              • Rolling Power Outages and Logistical Issues
                                               any Japan production ceased or
                                                                                                Expected for the Next Several Weeks
                                               compromised?
                                                                                              • Production Disruption of Critical Materials such
                                                                                                as Poly Silicon, Photo Resists & Resins
                                               What shortages should I expect? Will price
                                                                                              • Components Impacted Include
                                               and lead time increase? Should I buy parts I
                                                                                                      NAND
                                               need immediately to mitigate risk?
                                                                                                      DRAM
                                                                                                      Standard Logic
                                               If needed, where can I locate and secure
                                                                                                      Filters
                                               alternate sources of these parts? Should I
                                                                                                      Inductors
                                               redesign my product?
                                                                                                      High-Value and High-End Aluminum and
                                               What parts will be discontinued by                    Ceramic Capacitors
                                               manufacturers? Have any been discontinued              MOSFETs
                                               already? Which ones?
                                                                                              Likely Rise in Counterfeit Part Activity:
                                               How do I avoid counterfeits? Do I have any    Just prior to Japan quake, the senate launched
                                               today that I don’t know of? What specific      congressional investigation counterfeit parts risk.
                                               lots of parts are counterfeit?                 Among reasons, a 2010 study by the Commerce
                                                                                              Department found the problem of counterfeit parts
                                               If a highly constrained supply chain          touched nearly 40% of the DoD's parts supply
Implicit: Risk of                              persists – or parts were discontinued – what   chain, and was getting worse.
Counterfeit Parts                              safer open market part sources exist?

  Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                                    45
We’ll Show You: Free Offer for Attending Today
   Must email ProductMarketing@IHS.com or our exit survey to qualify.

                                       Client Scenario(s) : “How will this impact my supply chain?”
                                               What are my regulatory obligations and             Conflict Minerals Origin: Conflict-free tantalum.
                                               exposure to U.S. or California conflict
                                               minerals positions?
                                                                                                   Supply Flow: Tantalum capacitors, have already
                                               Which commodities do I use that rely on            been in short supply now for over 12 months.
Explicit: Conflict                             tantalum, gold, tin, or tungsten? What
Minerals Tracking                              products do I use these in?                      Impact and Implications of Global Production:
                                                                                                •Global Reaction to Crisis will See Panic Buying
                                               Where are my raw materials,
                                                                                                Creating Shortage and Pricing Issues
                                               manufacturers, and suppliers located? Was
                                                                                                •Rolling
                                                                             EXPLICIT: FREE ACCESS TO Power Outages and Logistical Issues
                                               any Japan production ceased or
                                                                             IHS EIATRACK REGULATORY for the Next Several Weeks
                                                                                                Expected
                                               compromised?
                                                                             TRACKING SOLUTION. •Production Disruption of Critical Materials such as
                                                                                                Poly Silicon, Photo Resists & Resins
                                               What shortages should I expect? Will price
                                                                                                •Components Impacted Include
                                               and lead time increase? Should I buy parts I
                                                                                                         NAND
                                               need immediately to mitigate risk?
                                                                                                         DRAM
                                                                                                         Standard Logic
                                               If needed, where can I locate and secure
                                                                                                         Filters
                                               alternate sources of these parts? Should I
                                                                                                         Inductors
                                               redesign my product?
                                                                                                         High-Value and High-End Aluminum and
                                               What parts will be discontinued by                       Ceramic Capacitors
                                                                             IMPLICIT: FREE ANALYSIS OF
                                               manufacturers? Have any been discontinued                 MOSFETs
                                               already? Which ones?          ELECTRONICS FOR EXISTING
                                                                             COUNTERFEIT RISK. Likely Rise in Counterfeit Part Activity:
                                               How do I avoid counterfeits? Do I have any      Just prior to Japan quake, the senate launched
                                               today that I don’t know of? What specific        congressional investigation counterfeit parts risk.
                                               lots of parts are counterfeit?                   Among reasons, a 2010 study by the Commerce
                                                                                                   Department found the problem of counterfeit parts
                                               If a highly constrained supply chain               touched nearly 40% of the DoD's parts supply
Implicit: Risk of                              persists – or parts were discontinued – what        chain, and was getting worse.
Counterfeit Parts                              safer open market part sources exist?

  Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                                       46
Dynamic Nature of Extended Supply Chains
  Your supply chain operates in the dynamic context of external forces…

Regulations:                                       Part Trends                   Product Trends:                Application Markets
• RoHS                                             • Technology                  • Technology                   Unique Trends & Pressures
• WEEE                                             • Demand                      • Features                     • A&D
• REACH                                            • Supply                      • Cost                         • Consumer
• Conflict                                         • Obsolescence                • Energy Efficiency            • Medical Dev.
  Minerals                                         • PCNs                        • Competitive                  • Telecom




            Material                               Component Mfrs.      Demand     Product Mfrs.                 End Users
            Mfrs.                                                                  (OEMs and EMS)
                                      Supply

                                       Materials
                                                                                                   Products



                                                                     Components




Product Stewardship and                                   Economy                     Supply                  Costs
Extended Producer                                         • Market volatility         • Natural Disasters     • Supply
Responsibilities                                          • Product demand            • Raw Materials         • Energy and Shipping costs
                                                                                      • Regulated Materials

              Dynamic Context
  Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                            47
Electronics Example: EU RoHS Transition
Continuity of product lifecycles, supply chains, and markets


                       Product Lifecycle Stages
                                           Maturity
                                                      Decline

                            Growth                              Phase-Out

 Introduction                                                           Obsolete




                     The Supply Chain Problem
                        Optimizing supply to meet demand.
                                                                                   Business Pressures Influencing
                                                                                             Products
     Products                                                                      Drivers of innovation and lifecycle decisions.




    Parts/Materials




Copyright © 2010 IHS Inc. All Rights Reserved.                                                                                      48
RoHS Transition Forced Lifecycle Changes
2M+ new parts, major part changes, and over 20% of EOL in ‘06-07
                                                                           End of Life (EOL)
                                                        Specific to RoHS/Pb-free Environmental Compliance

                                                 EOL




      Transition to RoHS
                                                           2003     2004     2005    2006   2007   2008    2009



                                                             Product Change Notices (PCN)
                                                       Specific to RoHS/Pb-free Environmental Compliance


                                                 PCN




                                                             2003    2004     2005   2006   2007   2008   2009



                                                           New Product Introductions (NPI)
                                                       Specific to RoHS/Pb-free Environmental Compliance




                                                 NPI


                                                            2003     2004     2005   2006   2007   2008   2009




                                                                               RoHS in Force July 1, 2006
Copyright © 2010 IHS Inc. All Rights Reserved.                                                                    49
The Ripple Effect of RoHS was Costly
Ripple effect of product trimming to shortages and counterfeits…


Ripple Effect                                                          Economic downturn…                                          …shortage…                  …fake parts…
                                                                        … RoHS compliance




                                                                                                                                                                  …mission failure!




As Shown By Key Performance Indicators (KPI)
        Product Lifecycle Planning,                                             KPI: Increase in EOL,                                 KPI: Rise in     KPI: Rise in Counterfeit
          Predict Obsolescence                                                   Indicate Shortages                                  Price/Lead Time          Incidents
                                                                                              End of Life (EOL)
                                                                             Specific to RoHS/Pb-free Environmental Compliance


                               Maturity
                                          Decline

                      Growth                        Phase-Out

       Introduction                                         Obsolete


                                                                               2003    2004     2005   2006   2007   2008   2009




Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                                                                        50
EU REACH is Expected to be MORE Costly
European Commission roadmap includes 106 priority SVHC by 2012

                                                   “Airbus UK’s director of operations and
                                                   compliance, said the cost of REACH had
                                                 been evaluated at several million Euro over
                                                 three years, with provisions up to hundreds
                                                     of millions of Euro over five years”…




                                                    “…[He] said there is a level of ambiguity
                                                   because it will depend ‘on the substances
                                                   that will finally be added to the candidate
                                                  list and in Annex XIV’. Airbus UK has set its
                                                 2009 REACH budget at some EUR12 million.”
                                                    Source: “EU and industry REACH different conclusions”, Jane’s, September 2009




Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                      51
Explicit: Fines for REACH non-compliance
by country and type (administrative vs. criminal)




Copyright © 2011 IHS Inc. All Rights Reserved.      52
Implicit: REACH supply implications felt already
Materializing within manufacturer EOL decisions

                       Gross EOL by MONTH 2008                                                          Gross EOL by YEAR ENDING 2004 - 2009

                                                                                                                                  EOL by MFR due solely to
                                                                    EU REACH SVHC          619                                      demand/sales forecast.
                                         Lehman files                 Published
                                           Chapter 11




           206




 0

            Jan     Feb     Mar     Apr     May       Jun   Jul   Aug   Sep   Oct   Nov   Dec    2004       2005   2006        2007         2008         2009




Economic Recession and Chemical Restrictions:
The two most dominant factors in the 300% increase of End of Life (EOL) for electrical components exiting 2008.
                                                                                                                   Source: IHS Component Insight, 2010



     Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                                             53
But… This goes way beyond RoHS & REACH
Disruptive ripple effect throughout global supply and demand balance

                                                   Bisphenol-A “BPA Free”                        China RoHS                 Customer RFP
   Full Material Disclosure
                                                   EU RoHS Recast                      Energy          Priority Declarable Substances List
                                                                                                                    (ASD PDSL)
  Toxic Substances Control Act (TSCA)                             Waste                                                                Greenpeace
                                                                                                   Health Canada / Canada’s Chemical
                                                               SIN List - Substitute It Now!                 Management Plan
            EU REACH & SVHC
                                                                                                   Security            US California Proposition 65
Hazardous ISO 14064 GHG Standards
                                                                           DEHP-Free                             Norway PoHS
                                                                         UN Stockholm Persistent
 Substances                                                              Organic Pollutants (POPS)           Air                         Safety
                                             Argentina RoHS                                                          Product Content Disclosure
                  EU RoHS and WEEE                                             Thailand’s ―RoHS‖
                                                                                                           EU Battery Directive
                       Directives Japan Green                                       ENERGY STAR              Carbon Disclosure Project (CDP)
                                                          Volatile Organic Compounds
                                                                                                  US FDA
                                                             Electronic Product Environmental                               Natural Resources
                                                                                                     Regional Greenhouse Gas Initiative (RGGI)
                                                                Assessment Tool (EPEAT)
                                                 Health
                                                                                                PCF - Product Carbon Footprint
                                                           Conflict Minerals
                                                                                                  Water                        Lifecycle Assessment (LCA)
                                  EU Medical Device Directive
                                                                   Environmentally Preferred Products (EPP)
                                              US EPA Executive Orders


Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                                              54
Product Implications: Redesign & Innovation
      Supply Chain, Lifecycle, Engineering, Sales, Operations
                                                  REACH                                      REACH                               REACH
                                                  SVHC Reporting Starts                      Phase 1 Reg. Deadline               Phase 2 Reg. Deadline
RoHS Directive
Requirements Start                                                                                                      RoHS
                                                                 REACH
                                                                          Pre-Registration                              Recast



 2006                           2007                     2008              2009               2010               2011              2012                  2013


                                                                      Past                                 Today                                  Future

                         Existing Product                                                                                  Future Product
                         Portfolio                                                                                         Portfolio


                         Analysis of existing portfolio products with respect                                   Design / Redesign with respect to
                         to:                                                                                    • Environmental Compliance
                           • Environmental Compliance                                                           • Supply Chain
                           • Supply Chain                                                                       • Product Sustainability
                           • Product Sustainability                                                             • Brand
                                                                                                                • Social Responsibility
                                                                                                                • Inventory optimization (avoid E&O)
                                                                                                                • Risk Avoidance and Management

      Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                                            55
What to do: Regulations Tracking with EIATRACK
Currency and P-D-C-A change management are essential




                                                 • What regulations affect your products?
                                                    • Proposed, pending, enacted legislation?
                                                 • Challenge:
                                                     • What regulations must your products comply
                                                       with?
                                                     • What are your state’s take-back requirements?


Copyright © 2011 IHS Inc. All Rights Reserved.                                                         56
What to do: Mitigate Risk—Parts and Materials
Content Sourcing or Assessment of parts and materials

      PLM, BOM                                                                                               Product
      Mgmt.,                                                                          Info Sync,             Mfr.
      Compliance                                             Internal             Mfr. Trending DB
      Mgmt.                                               Database Corp
                                                              Parts



     Processing                                                                                XRF
     and
     Clarifications                                  Reference Databases
                                                        (3rd Party and                                     Incoming
                                                         Consortiums)                                      Inspection
 Internal or 3rd Party



                                                   www.url.com
                                                                      Direct
                                                   Mfr.
                                                                      Sourcing
                                                   Web Sites
                                                                                                             Part
                                                                                                             Mfr.
                                                 Internal or 3rd Party Sourcing
       Parts Lists
                                                                   Information Flows      Physical Flows
Copyright © 2011 IHS Inc. All Rights Reserved.                                                                          57
What to do: Mitigate Obsolescence and Design Risk
 Track and manage risk due to material composition changes, EOL Notices
                                                    IHS® PCNalert Summary Index for Mar 29, 2011 ( 9 Notices )
                                                                                                                       Countdown From
Manufacturer                         Alert Type                   Affected Parts      DocumentID         Action Date
                                                                                                                       Mar 29, 2011 (days)

                                     PCN -Assembly
Vishay Dale                                                                        PCN-DR-003-2011
                                     Process Product         40                                      Sep 04, 2011             159
Electronics                                                                        Rev 0
                                     Families

Description
1) Resistive Ink Material obsolescence: Replace Dibutyl Phthalate with Dibutyl Sebacate as the solvent; and replace Antimony
with Titanium as the TC modifier. 2) Dielectric Glass material change: Continuous Improvements for improved acid-resistance.
REASON FOR CHANGE:1) Resistive Ink Material obsolescence driven by RoHS and SVHC initiatives. 2) Continuous
Improvement on the dielectric glass (passivation over the resistive layer) for increased acid-resistance during plating.

International         Suspected
                                         1                                         20110321-01       ,
Rectifier Corporation Counterfeit Notice
Description
IHS & ERAI would like to inform you of reported substandard or suspected counterfeit part activity in the market concerning
the part.
                                     PCN -
                                     Molding Other
EPCOS                                                        48                    110315IN1e        Jul 31, 2011             124
                                     RoHS/WEEE
                                     Compliances
Description
Discontinuation of present molding material in yellow color announced by the material supplier. Switch over to new, black molding
material to ensure continuous supply of products to customers. New molding material has halogen content level below 900
ppm and black color.

   Copyright © 2011 IHS Inc. All Rights Reserved.                                                                                            58
What to do: Mitigate and Avoid Counterfeit Risk
Track and Manage Counterfeit Part Risk




Copyright © 2011 IHS Inc. All Rights Reserved.    59
What to do: Electronics Compliance
Steps to take to mitigate implicit and explicit risk



                                                 • Regulations Tracking with EIATRACK
         Track Regulations                         Currency and P-D-C-A change management are essential




      Mitigate Compliance                        • Mitigate Risk of Non-Compliance —Commercial Off the Shelf
                                                   (COTS) Parts
      Risk for COTS Parts                          Information Sourcing



    Mitigate Compliance                          • Mitigate Risk of Non-Compliance—Custom Mechanical Parts
   Risk for Custom Parts                           Internal Specification; Industry Standard or Branded Sourcing




  Mitigate Obsolescence                          • Mitigate Obsolescence and Design Risk
                                                   Track and manage risk due to material composition changes,
       & Design Risk                               EOL Notices



                                                 • Mitigate and Avoid Counterfeit Risk
        Avoid Counterfeits                         Track and Manage Counterfeit Part Risk



Copyright © 2011 IHS Inc. All Rights Reserved.                                                                     60
In Summary: Manage Explicit and Implicit
It is critical


     • What is industry’s role in this?

                • ―We must all hang together, or
                     assuredly we shall all hang
                     separately‖
                •                                    —Benjamin Franklin


     • Why the supply chain?


                • ―Ninety percent of leadership
                     is the ability to communicate
                     something people want‖
                                                    —Dianne Feinstein     Well-known public quotes referenced to reinforce
                                                                          themes in this presentation. They should not be
                                                                          construed as agreement or endorsement.




   Copyright © 2011 IHS Inc. All Rights Reserved.                                                                            61
We want your feedback!
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                                           Everyone who completes the survey will be entered into a
                                           drawing for to win an iPad




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                                                           Sign-up via the survey or send email to
                                                           ProductMarketing@ihs.com with ―Webinar
                                                           Offer‖ in the subject line

                                                             • 30 day subscription to EIATrack
                                                             • Counterfeit Risk Assessment for your parts


Copyright © 2011 IHS Inc. All Rights Reserved.                                                        62
Questions & Answers


Paul E. Hagen
Principle
Beveridge & Diamond, P.C.




Scott Wilson
Content Solution Strategist
IHS
For More Information


Send questions and requests for information to:
            Webcasts@ihs.com

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Environmental Compliance, Risk and Product Stewardship

  • 1. ENVIRONMENTAL COMPLIANCE, RISK AND PRODUCT STEWARDSHIP HOW TO STAY ON TOP OF CONFLICT MINERALS, REACH, PRODUCT TAKE BACK, AND OTHER EMERGING GLOBAL ISSUES W e d n e s d a y, M a r c h 3 0 , 2 0 1 1
  • 2. We want your feedback! Win prizes for completing today’s webinar survey At the end of today’s webinar… Everyone who completes the survey at the conclusion of today’s live event will be entered into a drawing for to win an iPad AND the first 25 survey respondents will receive a $10 Amazon gift card! Copyright © 2011 IHS Inc. All Rights Reserved. *This offer is valid until March 31st, 2011. 2
  • 3. Meet the Speakers Paul E. Hagen Principle Beveridge & Diamond, P.C. Scott Wilson Content Solution Strategist IHS
  • 4. Environmental Compliance, Risk and Product Stewardship March 30, 2011 Paul E. Hagen Beveridge & Diamond, P.C. (202) 789-6022 phagen@bdlaw.com www.bdlaw.com The purpose of this presentation is to provide you with current information on product law policy and regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances.
  • 5. Overview • Product-Focused Environmental Requirements and Trends • Conflict Minerals and Sourcing • Ensuring Compliance and Market Access • Expanding Extended Producer Responsibility (EPR) Mandates • Tracking New Requirements 5
  • 6. Product-Focused Environmental Regulations: Overview • New generation of environmental laws aimed at products rather than ―end-of- pipe‖ pollution – New product design mandates – Substance restrictions – Energy efficiency – Take-back mandates • Emerging sourcing/CSR legislation • Keeping pace with new and evolving requirements in multiple jurisdictions • Identifying and managing risks 6
  • 7. Expanding Regulation Throughout Product Life-Cycle Raw Market Manufacture Distribution Access Materials and Design / Logistics Sourcing Conflict Material Dangerous RoHS, Energy Efficiency, Minerals Restrictions, Goods Rules Safety Standards, Energy Efficiency, Packaging / Chemical Notifications Supply Chain Labeling Collection, Reuse, Recycling Take-back Laws, Export 7 Bans, Basel Convention
  • 8. Key Drivers of Product-Focused Environmental Requirements • Governments • RoHS, REACH, Material Bans, GHS, Green Chemistry • NGOs • Greenpeace ―Scorecard‖ and the ―SIN List‖ • Retailers • TESCO - Carbon Labeling • Customers • Green Awareness and Preferences Increasing • Environmentally Preferable Government Procurement (e.g., EPEAT) 8
  • 9. Materials Sourcing Requirements • New focus on materials sourcing – Conflict minerals – Timber and plant products – Conservation concerns (e.g., Palm oil in Indonesia, proposed Pebble Mine) • New supply chain management challenges and public expectations 9
  • 10. “Conflict Minerals” Law • Dodd-Frank Act, section 1502 • SEC to promulgate regulations requiring annual reporting for manufacturers if – ―conflict minerals‖ (or metals derived from them) – are necessary for functionality or production of product • Not a prohibition, but disclosure and transparency in supply chain 10
  • 11. U.S. Conflict Minerals Legislation • Concern: Funds from mining of certain minerals providing financial support to conflict in Democratic Republic of Congo • Goal: Use market power of downstream users to limit financing for conflict through supply chain transparency and disclosures • New U.S. law: Section 1502 of the Dodd-Frank Act imposes reporting requirements on SEC-reporting companies that make products containing certain minerals, if they are necessary for functionality or production of products – Columbite-tantalite: Tantulum – Cassiterite: Tin – Wolframite: Tungsten – Gold • SEC to promulgate rules by April 15, 2011, although delay is possible following an extended comment period 11
  • 12. Conflict Minerals - Requirements 1 2 If Yes or Cannot Tell, 3 Annual SEC Disclosure Report / Identify: Other Key Provisions: • Description of measures to exercise due diligence on source and chain of custody of minerals • Reports audited by Determine whether • Any products that are independent auditor products contain not ―DRC conflict free‖ ―conflict minerals‖ (i.e., products that • Audit must be produced in DRC or contain minerals that certified adjoining countries finance or benefit armed • Report posted on groups) company website Reasonable country of • Facilities used to • Option: label origin inquiry process conflict minerals products ―DRC Conflict (i.e., smelter) Free‖ • Country of origin • Information on efforts to determine mine of origin 12
  • 13. Supply Chain Example Product production Connector production PCB production Gold bonding Gold plating Solder paste solution production wire production production Tin refining Gold refining Tin mining Gold mining Gold recycling 13
  • 14. Implications • Minimum due diligence standards still unclear, but: – Will require assessment of products that contain conflict minerals, and engagement with suppliers – Will generally require traceability to ―approved‖ smelters that use audited/certified supply chains – Industry-wide efforts (EICC and ITRI) to adopt sectoral standards for smelter validation – OECD Due Diligence Guidance • Labeling, marketing and competitive differentiation: – Companies can label products ―DRC conflict free‖ – Customers likely to demand ―DRC conflict free‖ products – Government procurement – California • Companies must disclose/report on first fiscal year after promulgation of rules 14
  • 15. RoHS and Substance Restrictions • Concern among governments, NGOs, and public re hazardous substances in products • Proliferation of substance restriction requirements for electronics, toys and other products (e.g., mercury-containing products) • Emerging Green Chemistry Initiatives • Rapid, global expansion of requirements presents market access and supply chain challenges • New international initiatives: SAICM and Mercury Convention 15
  • 16. EU RoHS Directive • Imposes concentration limits on 6 substances in wide range of electronic products – Mercury, 0.1% – Lead, 0.1% – Cadmium, 0.01% – Hexavalent chromium, 0.1% – Two types of Brominated Flame Retardants (BFRs), 0.1% • Very influential – directly incorporated into many non-EU legal regimes, and clearly the model for many others • Exemptions by product application • Exclusions based on scope, e.g. – Batteries (but see EU Batteries Directive) – Spare parts (for pre-July 1, 2006 equipment) 16
  • 17. EU RoHS II • RoHS Recast agreed – Approved by Parliament Nov. 2010 – Council expected to approve in 2011 – Binding when transposed by Member States, by late-2012 • Recast will not expand the list of restricted substances • But will streamline process for future amendments • Monitoring & control instruments, medical devices and cables in scope • New open scope covers all EEE unless specifically exempted • New mandatory disclosure obligations will require ―immediate‖ reporting of non-compliant EEE • New CE-marking requirements for manufacturers • Not superseded by REACH: must be ―coherent‖ 17
  • 19. US RoHS Laws • RoHS in government procurement standards – Federal EPEAT – NYC Procurement Standards • State RoHS Legislation – California RoHS – New Jersey RoHS – Various RoHS reporting requirements • State-level substance-specific restrictions 19
  • 20. U.S. State-Level Materials Restrictions – Total Enacted Laws 140 120 100 80 60 40 20 0 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010/2011 Source: EIATRACK (http://www.eiatrack.org/p/416) 20
  • 25. DOT Rulemaking on Transport of Lithium Batteries • U.S. DOT engaged in rulemaking that is likely to impose substantial new requirements on transport of lithium batteries, especially by air (including if shipped in products) • Draft final rule now at OMB for review – Final rule expected soon for part of proposal (bringing rule in line with international standards) – New proposed rule will re-propose controversial issues (e.g., dropping exemptions for small batteries) 25
  • 26. EU REACH Regulation • Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals • Not just chemicals: has implications for electronics importers: – Registration of substances if >1 tpy and intended for release – Notification of substances of very high concern (―SVHCs‖) in articles, if >1 tpy, and >0.1% (6 months after SVHC listing, beginning June 1, 2011) • Electronics ―suppliers‖ (includes retailers) must communicate to recipients (other than consumers) regarding SVHCs in articles, if >0.1%, effective upon listing – Must include name of substance and info on safe use when provide the article – Must provide info to consumers within 45 days of request • Authorization requirements for certain high-risk substances • Effect is to broaden supply chain management requirements beyond RoHS, because companies need content and concentration information for broad range of substances • Currently 46 SVHCs, 15 of which have been recommended for authorisation, including several in electronics (4 phthalates, HBCD, diarsenic trioxide & pentaoxide, short-chain chlorinated paraffins, and tributyltin oxide) 26
  • 28. Product Take-Back • European Union – EU Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) (recast currently underway) • United States – 24 distinct state laws • Canada – Provincial laws create take-back obligations – No mandatory federal law • Latin America – Rapidly expanding federal, state, or municipal laws • Asia / Pacific – China (China WEEE) – South Korea (Resource Recycling Act) – India (Draft E-Waste (Management and Handling) Rules 2010) 28
  • 29. Product Take-Back • Targeted Products – Batteries – Waste Electrical and Electronic Products (WEEE) • Common Elements – Condition for sale of new products – Registration (manufacturers, collectors, recyclers) – Administrative and/or implementation fees – Labeling and consumer information – Collection programs – Performance requirements & reporting 29
  • 30. U.S. State E-Waste Legislation 30
  • 31. Key Elements of EPR in Latin America • E-Waste Focus, Increasing to WEEE • Manufacturer/Importer Responsibility • Limited Government/Distributor Role • Management Plans (Permit) • Consortia/Individual Entity • Hazardous Waste Presumption • Registration/Certification Requirements • Free of Charge to Consumer • Take-Back Quotas • Waste Minimization/DfE 31
  • 32. EPR in Latin America, Enacted • Brazil – National Solid Waste Policy (Aug. 2010): framework law, establishes ―reverse logistics‖ requirements – National Solid Waste Policy Regulation (Dec. 2010): establishes rulemaking process – CONAMA Draft WEEE Resolution: status unclear • Colombia – 3 Producer Take-back Resolutions (July/Aug. 2010): Batteries, Computers & Fluorescent Lamps: take-back quotas • Costa Rica – E-Waste Management Regulation (May 2010): comprehensive producer take- back program – National Solid Waste Law (July 2010): proposed hazardous waste regulation potentially overlaps with e-waste regulation • Mexico – General Waste Law (2003) and Regulation (2006): framework for take-back of special management wastes, including some e-wastes – Pending regulations on management of hazardous and special management wastes, expected in 2011 32
  • 33. EPR in Latin America, Pending • Argentina – Several proposed WEEE-RoHS bills on national & provincial levels • Chile – National Waste Bill in draft from includes e-waste take-back • Ecuador – Hazardous waste regulation proposed in 2009 included some e- wastes; little progress in 2010 • Peru – E-waste regulation, with producer take-back, proposed Feb. 2011 • Venezuela – National Solid Waste Management Law (Dec. 2010): framework law, includes e-waste take-back; regulation due by Dec. 2011 33
  • 34. Latin America – E-Waste Take- Back Initiatives 34
  • 35. EPR in Latin America: Conclusions • E-waste take-back here to stay • Dynamic regulatory atmosphere • Key final (or near final) initiatives – Brazil, Colombia, Costa Rica, Mexico • Key pending initiatives, possible advance this year – Argentina, Chile, Ecuador, Peru, Venezuela • Infrastructure key regulatory compliance barrier • Export logistics can be challenging • Allow significant lead time for compliance 35
  • 36. Compliance Challenges • Challenges in Tracking & Managing Disparate Programs: – Where are there laws? – What products are covered? • WEEE, Computers, Monitors (> 9‖ or > 4‖ in size), Televisions, Printers . . . – How does the program work? • Manufacturer-operated? Shared Responsibility? Advance Recovery? • What level of collection is required? – When are requirements ―due‖? • Each law operates on its own timeline - effective date, registration, fees, reporting, program year – Who must the recovery program serve? • Consumers, businesses, non-profits, school districts – Additional Requirements? • RoHS-like provisions • Responsible Recycling Provisions 36
  • 37. Exports of Used and EOL Products • Basel Convention parties moving to classify more used/end-of-life products as hazardous wastes • Draft technical guidelines on electrical and electronic waste to be considered at COP-10 • Increased logistical challenges, trade bans and compliance costs for managing used and end-of-life electrical and electronic equipment world-wide 37
  • 38. New E-Waste Guidelines • Draft Technical Guidelines on Transboundary Movement of Used Electronic and Electrical Equipment and E- waste, in Particular Regarding the Distinction Between Waste and Non-waste Under the Basel Convention (comments due June 30, 2011) • Draft PACE Overall Guidance Document on Environmentally Sound Management of Used and End- of-Life Computing Equipment (forthcoming) 38
  • 39. Refurbishment, Reuse, Warranty Returns • Parties to the Basel Convention are deciding whether exports of used electrical and electronic equipment for repair, refurbishment and reuse are products or wastes – Wastes subject to control and trade bans? – Used products outside Basel? – Warranty returns, refurbishment, off-lease equipment? • Risk of new export bans on shipments for legitimate repair and refurbishment from the U.S. and EU to non-OECD 39
  • 40. Risk Mitigation: Regulatory Tracking • EIATRACK http://www.eiatrack.org/ – Web-based regulatory tracking tool – Directed by leading electronics manufacturers – Product-related environmental measures in key markets world-wide • Facilitates communications and compliance: – Internal teams (global, regional, country, product) – Trade and business working groups – Technical consultants and legal counsel 40
  • 41. Beveridge & Diamond, P.C. • Largest firm focused primarily on environmental law and litigation • Longstanding product stewardship practice • Counsel to leading IT companies and trade associations • Global network of local environmental counsel • More at www.bdlaw.com 41
  • 42. Scott Wilson Content Solution Strategist March 2011 Copyright © 2011 IHS Inc. All Rights Reserved. 42
  • 43. About IHS Inc. A Leading Information Provider • Founded in 1959, IHS is a leading source of information and expert analysis in pivotal areas shaping today’s global businesses • Employs 4,400 colleagues in 30 countries who speak 50 different languages • IHS customers include nearly 70% of the US Fortune1000 and 80% of the Global Fortune 500 • Tens of thousands of customers and hundreds of thousands of end-users in over 100 countries • Public (2005) NYSE: IHS • FY10 revenue $ 1,075 million Copyright © 2011 IHS Inc. All Rights Reserved. 43
  • 44. Compliance needs are Explicit and Implicit a disruptive shift in the market changes supply chain behaviors Explicit Needs •Demonstrate Sustainability •Comply with Regulations Explicit Requirements •Prove Ethical Supply Chain Management •Meet Contract Obligations Customer Requirements •Design and Redesign the Supply Chain e.g. Regulations  Standards  Parts Implicit Needs e.g. EU ROHS  IPC  IPC 175x Indirect Materials, Counterfeits Obsolescence •Navigate Constrained Supply Implicit MRO and Chemicals Management Management Requirements •Mitigate Obsolete Part & Manufacturing •Manage Rising Price & Lead Times Semiconductors and Standards & Design Methods •Avoid Counterfeit Parts Components Regulations Copyright © 2011 IHS Inc. All Rights Reserved. 44
  • 45. Example: Japan scenarios addressed by IHS What are the supply chain impacts of the Japan earthquake? Client Scenario(s) : “How will this impact my supply chain?” What are my regulatory obligations and Conflict Minerals Origin: Conflict-free tantalum. exposure to U.S. or California conflict minerals positions? Supply Flow: Tantalum capacitors, have already Which commodities do I use that rely on been in short supply now for over 12 months. Explicit: Conflict tantalum, gold, tin, or tungsten? What Minerals Tracking products do I use these in? Impact and Implications of Global Production: • Global Reaction to Crisis will See Panic Buying Where are my raw materials, Creating Shortage and Pricing Issues manufacturers, and suppliers located? Was • Rolling Power Outages and Logistical Issues any Japan production ceased or Expected for the Next Several Weeks compromised? • Production Disruption of Critical Materials such as Poly Silicon, Photo Resists & Resins What shortages should I expect? Will price • Components Impacted Include and lead time increase? Should I buy parts I NAND need immediately to mitigate risk? DRAM Standard Logic If needed, where can I locate and secure Filters alternate sources of these parts? Should I Inductors redesign my product? High-Value and High-End Aluminum and What parts will be discontinued by Ceramic Capacitors manufacturers? Have any been discontinued MOSFETs already? Which ones? Likely Rise in Counterfeit Part Activity: How do I avoid counterfeits? Do I have any Just prior to Japan quake, the senate launched today that I don’t know of? What specific congressional investigation counterfeit parts risk. lots of parts are counterfeit? Among reasons, a 2010 study by the Commerce Department found the problem of counterfeit parts If a highly constrained supply chain touched nearly 40% of the DoD's parts supply Implicit: Risk of persists – or parts were discontinued – what chain, and was getting worse. Counterfeit Parts safer open market part sources exist? Copyright © 2011 IHS Inc. All Rights Reserved. 45
  • 46. We’ll Show You: Free Offer for Attending Today Must email ProductMarketing@IHS.com or our exit survey to qualify. Client Scenario(s) : “How will this impact my supply chain?” What are my regulatory obligations and Conflict Minerals Origin: Conflict-free tantalum. exposure to U.S. or California conflict minerals positions? Supply Flow: Tantalum capacitors, have already Which commodities do I use that rely on been in short supply now for over 12 months. Explicit: Conflict tantalum, gold, tin, or tungsten? What Minerals Tracking products do I use these in? Impact and Implications of Global Production: •Global Reaction to Crisis will See Panic Buying Where are my raw materials, Creating Shortage and Pricing Issues manufacturers, and suppliers located? Was •Rolling EXPLICIT: FREE ACCESS TO Power Outages and Logistical Issues any Japan production ceased or IHS EIATRACK REGULATORY for the Next Several Weeks Expected compromised? TRACKING SOLUTION. •Production Disruption of Critical Materials such as Poly Silicon, Photo Resists & Resins What shortages should I expect? Will price •Components Impacted Include and lead time increase? Should I buy parts I NAND need immediately to mitigate risk? DRAM Standard Logic If needed, where can I locate and secure Filters alternate sources of these parts? Should I Inductors redesign my product? High-Value and High-End Aluminum and What parts will be discontinued by Ceramic Capacitors IMPLICIT: FREE ANALYSIS OF manufacturers? Have any been discontinued MOSFETs already? Which ones? ELECTRONICS FOR EXISTING COUNTERFEIT RISK. Likely Rise in Counterfeit Part Activity: How do I avoid counterfeits? Do I have any Just prior to Japan quake, the senate launched today that I don’t know of? What specific congressional investigation counterfeit parts risk. lots of parts are counterfeit? Among reasons, a 2010 study by the Commerce Department found the problem of counterfeit parts If a highly constrained supply chain touched nearly 40% of the DoD's parts supply Implicit: Risk of persists – or parts were discontinued – what chain, and was getting worse. Counterfeit Parts safer open market part sources exist? Copyright © 2011 IHS Inc. All Rights Reserved. 46
  • 47. Dynamic Nature of Extended Supply Chains Your supply chain operates in the dynamic context of external forces… Regulations: Part Trends Product Trends: Application Markets • RoHS • Technology • Technology Unique Trends & Pressures • WEEE • Demand • Features • A&D • REACH • Supply • Cost • Consumer • Conflict • Obsolescence • Energy Efficiency • Medical Dev. Minerals • PCNs • Competitive • Telecom Material Component Mfrs. Demand Product Mfrs. End Users Mfrs. (OEMs and EMS) Supply Materials Products Components Product Stewardship and Economy Supply Costs Extended Producer • Market volatility • Natural Disasters • Supply Responsibilities • Product demand • Raw Materials • Energy and Shipping costs • Regulated Materials Dynamic Context Copyright © 2011 IHS Inc. All Rights Reserved. 47
  • 48. Electronics Example: EU RoHS Transition Continuity of product lifecycles, supply chains, and markets Product Lifecycle Stages Maturity Decline Growth Phase-Out Introduction Obsolete The Supply Chain Problem Optimizing supply to meet demand. Business Pressures Influencing Products Products Drivers of innovation and lifecycle decisions. Parts/Materials Copyright © 2010 IHS Inc. All Rights Reserved. 48
  • 49. RoHS Transition Forced Lifecycle Changes 2M+ new parts, major part changes, and over 20% of EOL in ‘06-07 End of Life (EOL) Specific to RoHS/Pb-free Environmental Compliance EOL Transition to RoHS 2003 2004 2005 2006 2007 2008 2009 Product Change Notices (PCN) Specific to RoHS/Pb-free Environmental Compliance PCN 2003 2004 2005 2006 2007 2008 2009 New Product Introductions (NPI) Specific to RoHS/Pb-free Environmental Compliance NPI 2003 2004 2005 2006 2007 2008 2009 RoHS in Force July 1, 2006 Copyright © 2010 IHS Inc. All Rights Reserved. 49
  • 50. The Ripple Effect of RoHS was Costly Ripple effect of product trimming to shortages and counterfeits… Ripple Effect Economic downturn… …shortage… …fake parts… … RoHS compliance …mission failure! As Shown By Key Performance Indicators (KPI) Product Lifecycle Planning, KPI: Increase in EOL, KPI: Rise in KPI: Rise in Counterfeit Predict Obsolescence Indicate Shortages Price/Lead Time Incidents End of Life (EOL) Specific to RoHS/Pb-free Environmental Compliance Maturity Decline Growth Phase-Out Introduction Obsolete 2003 2004 2005 2006 2007 2008 2009 Copyright © 2011 IHS Inc. All Rights Reserved. 50
  • 51. EU REACH is Expected to be MORE Costly European Commission roadmap includes 106 priority SVHC by 2012 “Airbus UK’s director of operations and compliance, said the cost of REACH had been evaluated at several million Euro over three years, with provisions up to hundreds of millions of Euro over five years”… “…[He] said there is a level of ambiguity because it will depend ‘on the substances that will finally be added to the candidate list and in Annex XIV’. Airbus UK has set its 2009 REACH budget at some EUR12 million.” Source: “EU and industry REACH different conclusions”, Jane’s, September 2009 Copyright © 2011 IHS Inc. All Rights Reserved. 51
  • 52. Explicit: Fines for REACH non-compliance by country and type (administrative vs. criminal) Copyright © 2011 IHS Inc. All Rights Reserved. 52
  • 53. Implicit: REACH supply implications felt already Materializing within manufacturer EOL decisions Gross EOL by MONTH 2008 Gross EOL by YEAR ENDING 2004 - 2009 EOL by MFR due solely to EU REACH SVHC 619 demand/sales forecast. Lehman files Published Chapter 11 206 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2004 2005 2006 2007 2008 2009 Economic Recession and Chemical Restrictions: The two most dominant factors in the 300% increase of End of Life (EOL) for electrical components exiting 2008. Source: IHS Component Insight, 2010 Copyright © 2011 IHS Inc. All Rights Reserved. 53
  • 54. But… This goes way beyond RoHS & REACH Disruptive ripple effect throughout global supply and demand balance Bisphenol-A “BPA Free” China RoHS Customer RFP Full Material Disclosure EU RoHS Recast Energy Priority Declarable Substances List (ASD PDSL) Toxic Substances Control Act (TSCA) Waste Greenpeace Health Canada / Canada’s Chemical SIN List - Substitute It Now! Management Plan EU REACH & SVHC Security US California Proposition 65 Hazardous ISO 14064 GHG Standards DEHP-Free Norway PoHS UN Stockholm Persistent Substances Organic Pollutants (POPS) Air Safety Argentina RoHS Product Content Disclosure EU RoHS and WEEE Thailand’s ―RoHS‖ EU Battery Directive Directives Japan Green ENERGY STAR Carbon Disclosure Project (CDP) Volatile Organic Compounds US FDA Electronic Product Environmental Natural Resources Regional Greenhouse Gas Initiative (RGGI) Assessment Tool (EPEAT) Health PCF - Product Carbon Footprint Conflict Minerals Water Lifecycle Assessment (LCA) EU Medical Device Directive Environmentally Preferred Products (EPP) US EPA Executive Orders Copyright © 2011 IHS Inc. All Rights Reserved. 54
  • 55. Product Implications: Redesign & Innovation Supply Chain, Lifecycle, Engineering, Sales, Operations REACH REACH REACH SVHC Reporting Starts Phase 1 Reg. Deadline Phase 2 Reg. Deadline RoHS Directive Requirements Start RoHS REACH Pre-Registration Recast 2006 2007 2008 2009 2010 2011 2012 2013 Past Today Future Existing Product Future Product Portfolio Portfolio Analysis of existing portfolio products with respect Design / Redesign with respect to to: • Environmental Compliance • Environmental Compliance • Supply Chain • Supply Chain • Product Sustainability • Product Sustainability • Brand • Social Responsibility • Inventory optimization (avoid E&O) • Risk Avoidance and Management Copyright © 2011 IHS Inc. All Rights Reserved. 55
  • 56. What to do: Regulations Tracking with EIATRACK Currency and P-D-C-A change management are essential • What regulations affect your products? • Proposed, pending, enacted legislation? • Challenge: • What regulations must your products comply with? • What are your state’s take-back requirements? Copyright © 2011 IHS Inc. All Rights Reserved. 56
  • 57. What to do: Mitigate Risk—Parts and Materials Content Sourcing or Assessment of parts and materials PLM, BOM Product Mgmt., Info Sync, Mfr. Compliance Internal Mfr. Trending DB Mgmt. Database Corp Parts Processing XRF and Clarifications Reference Databases (3rd Party and Incoming Consortiums) Inspection Internal or 3rd Party www.url.com Direct Mfr. Sourcing Web Sites Part Mfr. Internal or 3rd Party Sourcing Parts Lists Information Flows Physical Flows Copyright © 2011 IHS Inc. All Rights Reserved. 57
  • 58. What to do: Mitigate Obsolescence and Design Risk Track and manage risk due to material composition changes, EOL Notices IHS® PCNalert Summary Index for Mar 29, 2011 ( 9 Notices ) Countdown From Manufacturer Alert Type Affected Parts DocumentID Action Date Mar 29, 2011 (days) PCN -Assembly Vishay Dale PCN-DR-003-2011 Process Product 40 Sep 04, 2011 159 Electronics Rev 0 Families Description 1) Resistive Ink Material obsolescence: Replace Dibutyl Phthalate with Dibutyl Sebacate as the solvent; and replace Antimony with Titanium as the TC modifier. 2) Dielectric Glass material change: Continuous Improvements for improved acid-resistance. REASON FOR CHANGE:1) Resistive Ink Material obsolescence driven by RoHS and SVHC initiatives. 2) Continuous Improvement on the dielectric glass (passivation over the resistive layer) for increased acid-resistance during plating. International Suspected 1 20110321-01 , Rectifier Corporation Counterfeit Notice Description IHS & ERAI would like to inform you of reported substandard or suspected counterfeit part activity in the market concerning the part. PCN - Molding Other EPCOS 48 110315IN1e Jul 31, 2011 124 RoHS/WEEE Compliances Description Discontinuation of present molding material in yellow color announced by the material supplier. Switch over to new, black molding material to ensure continuous supply of products to customers. New molding material has halogen content level below 900 ppm and black color. Copyright © 2011 IHS Inc. All Rights Reserved. 58
  • 59. What to do: Mitigate and Avoid Counterfeit Risk Track and Manage Counterfeit Part Risk Copyright © 2011 IHS Inc. All Rights Reserved. 59
  • 60. What to do: Electronics Compliance Steps to take to mitigate implicit and explicit risk • Regulations Tracking with EIATRACK Track Regulations Currency and P-D-C-A change management are essential Mitigate Compliance • Mitigate Risk of Non-Compliance —Commercial Off the Shelf (COTS) Parts Risk for COTS Parts Information Sourcing Mitigate Compliance • Mitigate Risk of Non-Compliance—Custom Mechanical Parts Risk for Custom Parts Internal Specification; Industry Standard or Branded Sourcing Mitigate Obsolescence • Mitigate Obsolescence and Design Risk Track and manage risk due to material composition changes, & Design Risk EOL Notices • Mitigate and Avoid Counterfeit Risk Avoid Counterfeits Track and Manage Counterfeit Part Risk Copyright © 2011 IHS Inc. All Rights Reserved. 60
  • 61. In Summary: Manage Explicit and Implicit It is critical • What is industry’s role in this? • ―We must all hang together, or assuredly we shall all hang separately‖ • —Benjamin Franklin • Why the supply chain? • ―Ninety percent of leadership is the ability to communicate something people want‖ —Dianne Feinstein Well-known public quotes referenced to reinforce themes in this presentation. They should not be construed as agreement or endorsement. Copyright © 2011 IHS Inc. All Rights Reserved. 61
  • 62. We want your feedback! Win prizes for completing today’s webcast survey Everyone who completes the survey will be entered into a drawing for to win an iPad Sign-up for free offer… Sign-up via the survey or send email to ProductMarketing@ihs.com with ―Webinar Offer‖ in the subject line • 30 day subscription to EIATrack • Counterfeit Risk Assessment for your parts Copyright © 2011 IHS Inc. All Rights Reserved. 62
  • 63. Questions & Answers Paul E. Hagen Principle Beveridge & Diamond, P.C. Scott Wilson Content Solution Strategist IHS
  • 64. For More Information Send questions and requests for information to: Webcasts@ihs.com