Miljøprojekt, 1134 – Evaluation of the Danish Statutory Order on Lead

Evaluation of the Danish Statutory Order on Lead

Summary and conclusions

An evaluation of the need for revision of the Ministry of Environment Statutory Order No. 1012 of 13 November 2000 (the Lead Order) has been undertaken. The evaluation shows that it is relevant to adjust the Statutory Order with respect to a number of issues. The suggested adjustments include the following:

A number of the present exemptions to the statutory ban against the use of lead should be repealed, as lead-free alternatives have been developed.
Exemptions be proposed for some applications, which at present are covered by the ban.

Furthermore, options for introducing use restrictions for certain uses of lead, such as metal, which are not presently restricted, have been identified. It may also be considered to revoke some of the existing exemptions to the ban, which are also covered by EU regulation

Background and objectives

Since the Lead Order was introduced, an ongoing development of substitutes to lead has taken place in Denmark as well as internationally. This development is a consequence of the Lead Order as well as the EU RoHS Directive (EU Directive 2002/95/EC) and the EU Directive on End-of-Life Vehicles (EU Directive 2000/53/EC) and - not least - the general efforts by industry to substitute hazardous substances.

Since 2003, there have been plans to evaluate the Lead Order in order to identify the need for adjustments. In this context, special attention has been paid to the general exemption regarding the use of lead for repairs, rebuilding of and extensions to houses.

The purpose of this investigation has, thus, been to assess the need for revision of the Lead Order and, in this context, consider the practical experience from implementation of the Lead Order as well as new knowledge and technology developed within the field covered by the Order since the Order went into force.

The investigation

The investigation has consisted of collection and evaluation of information from private companies, technical schools, the Internet, and literature on the situation regarding alternatives in the different application areas.

Special focus has been given to areas for which dispensations have been granted, and to the general exemption of lead for repairs, rebuilding of and extensions to houses. Furthermore, emphasis has been given to investigation of those uses of lead as chemical compound, which have so far been exempted from regulation.

Finally, for all uses of lead as metal, which have so far been exempted from regulation, it has been assessed whether significant new developments have taken place that could make regulation realistic. This has been investigated partly by personal contact to key companies in Denmark, partly by studying the development in an international perspective, including the consequences of new EU directives, such as the RoHS Directive and the End-of-Life Vehicle Directive.

For all uses for which exemptions have been granted, personal contact has been made to the companies in question, in order to investigate the background of the exemption application and the actual situation regarding the use in question and the availability of alternatives etc.

Conclusions
The investigation has shown that it is relevant to amend the Statuary Order on several issues.

Lead as a chemical compound
Regarding the use of lead as a chemical compound it is assessed that the following exemptions from the ban on lead can be repealed, as substitutes have been developed that, by and large, can replace lead:

Heat stabilisers in elastomers
Brake linings
Glazes, enamels and pigments for arts and crafts

A need for exemptions can be envisaged, especially for arts and crafts, as lead is also used in the manufacture of products of cultural and historic importance, as e.g. Flora Danica porcelain.

Concerning stabilisers in electrical cables integrated in products and electrical cables in general, it is assessed that exemption is needed only for high-flexible cables for machine parts moving relative to each other, including lift cables.

Furthermore, the exemption for car windows and coating of flat glass can be repealed. It may also be considered to repeal the exemption for uses such as discharge lamps, and lead glass for cathode ray tubes, lamps, optical purposes and plates in photocopy machines, as these uses are today covered by the RoHS Directive.

However, a number of uses exist for which no alternatives to lead - to the best of knowledge - seem to be available. For these uses there is a need for exemption or another form of prolonged dispensation. The uses in question include the following:

Superconductors
Primers for ammunition
Lead paint for restoration of historical items

However, the need for lead paint might be met by developing other routines for restoration works.

Today, exemption is given for the use of leaded fuel for small planes propelled by piston engines, as lead-free fuel is not marketed in Denmark. Lead-free fuel is, however, marketed in Sweden, and it is expected that the majority of the planes in question could use lead-free fuel. Therefore, it is relevant to consider whether lead-free fuel can be marketed in Denmark, and how the practical arrangements can be made.

Lead as metal
Regarding the use of lead as metal, it is assessed that the general exemption for the use of lead for repairs, rebuilding of and extensions to houses can be repealed with respect to lead flashing around windows etc., as adequate alternatives are available for all applications today. The exemption may probably by limited to buildings preserved or classified as preservation-worthy and for which - for architectural reasons – it is deemed relevant to continue the use of lead.

It is also possible to expand the present ban on the use of lead in mantles for underground cables above 24 kV, to include all underground cables.

It should be considered whether it is possible to introduce a general ban on lead in wheel balancing weights. Today, lead weights are banned in the EU for cars with seats for up to eight passengers and vehicles for transport of goods with a maximum weight of up to 3.75 tonnes. Other vehicles are not covered by the EU Directive on End-of-Life Vehicles, but in principle, it should be technically possible to develop lead-free wheel balancing weights also for these vehicles.

It should, furthermore, be considered, whether the use of lead to balance wings on wind turbines could be avoided.

It is also technically possible to reduce the use of lead in ammunition. Today, lead-free rifle ammunition in standard calibres for hunting is available on the market, and it should be considered to introduce a ban on the use of lead for this purpose, corresponding to the ban that will enter into force in Sweden on 1 January 2008. Restrictions may also be considered regarding lead ammunition for sports shooting, but alternatives to lead seem to be less developed than for hunting ammunition.

Apart from this, no other changes concerning the use of metallic lead have been proposed. It is noted that experience with the substitution efforts related to equipment for commercial fishing shows that in this field it is very difficult to develop competitive alternatives to lead-based equipment. Therefore, a need exists to extend the existing exemptions.

All in all, it must be concluded that for many applications, a significant movement away from lead has taken place compared to the situation before the Lead Order was introduced. The benefits gained are reduced emissions of lead to the environment directly by the manufacture and from using products containing lead, as well as indirectly in waste handling and disposal.