After sunset it gets dark
Sunset Date – refers to the final end of materials, processes and technologies.
Sunset Date: Let’s see what happens after that ...
“Less is more” as a guideline for political action is unknown everywhere, especially in authorities; how else could one justify its raison d’être?
For example, the term “sunset date” is being used more and more frequently in technical regulatory projects. What actually sounds like a beautiful evening, however, means nothing other than the end for a material, a process or a technology as a whole.
As a rule, this is preceded by corresponding proposals for bans from member countries, which – incidentally – are sometimes easy for them because they are not themselves affected by the industry. The reason often given is a presumed risk to human health. Expert opinions and counter-opinions, expert hearings, committee and parliamentary discussions follow. What remains is the realization that nothing is known for certain. But the shadow of discussion has not failed to have its effect. Another “sunset date“ looms.
The VDMA Valves Association accompanies such processes where affected, prevents the worst in some places or at least works towards facilitation.
Theory beats practice
Chromium trioxide (chromium VI) for decorative plating is one such case. Occupational safety considerations have been at the center of EU efforts to ban this electroplating process for several years. Thus, not least at the instigation of Germany, chromium VI was listed as a hazardous substance by the European Chemicals Agency (ECHA). Since then, the clock has been ticking on the use of chromium trioxide in the EU. The aforementioned “sunset date” in this case was Sept. 21, 2017. Since then, this chemical substance – without the corresponding authorization permit – may no longer be used or placed on the market under REACH. The current state of affairs is that the process can be operated in an occupationally safe manner with appropriate plant technology, but the EU is nevertheless insisting on the use of alternative surface processes. Fortunately, applications for approval are currently holding up the effectiveness of the ban. At the beginning of 2023, we will presumably know whether the sun is actually setting on this.
According to EU wishes, the situation could soon become darker for so-called perfluoroalkyl and polyfluoroalkyl substances (PFAS). The EU intends to also ban these substances, which have so far been considered indispensable for seals and membranes, for example. The VDMA and other affected industry associations have taken this as an opportunity to explain the importance of these substances to the responsible authorities in Brussels and Berlin, to explain the consequences of a corresponding substance ban and to point out the lack of substitution possibilities.
In the ideological crosshairs
Lead pipes caused a considerable stir many years ago because they had been identified as the source of excessively high concentrations of lead in drinking water installations that were harmful to health. Rightly so, and badly so. Much has happened since then. Today, installation components are subject to the strictest limit value rules of the WHO, the EU and the Federal Environment Agency, which rule out any health hazards. Despite this, the issue of drinking water and lead is so ideologically charged in many places that the material, as a central alloy component of drinking water valves, is increasingly coming under pressure to be banned. If it were up to various interest groups – especially within the European Parliament – this substance would also have been completely banned long ago. The fact that this is not (yet?) the case is due, among other things, to the ongoing intervention of the VDMA in consultations in Brussels that materials in contact with drinking water are sufficiently strictly regulated by the European Drinking Water Directive and the German Drinking Water Ordinance and that, in this respect, there are no health risks that would justify further regulation. However, this battle has not yet been won. Especially since various other EU bodies, e.g. via the so-called RoHS Directive (banned substances in electrical and electronic equipment) also have lead regulation in mind. Just imagine if, in this mixed situation, different, conflicting EU concentration limits were to be set, which might also collide with German regulations.
The latter would not be a real problem, because in the relationship between the EU and its member states, as is well known, the principle of “upper trumps lower” applies. But the German so-called UBA positive list for metallic materials would have to be largely rewritten.
Information hunger without added value
“At least know what's in the products” is the maxim of another bureaucratic invention of the European Chemicals Agency, the so-called SCIP database – this time based on the EU Waste Framework Directive. Here, every company that places products on the market in the EU that contain “substances of very high concern“ has to file this accordingly. Although it was possible to achieve simplifications compared to the originally planned notification procedure, the topic of what has to be declared in concrete terms, how and as efficiently as possible, was recently one of the VDMA’s most sought-after information offerings.
Anyone who thinks that this will satisfy the EU’s hunger for information is sorely mistaken. The “Digital product passport” is already on the horizon, which is to contain detailed information about every product in the future as part of the “Green Deal”. This involves far more than “just” ingredients. Life cycle analyses, ecological footprint and information on recycling are to be the focus. Here, too, we need to prevent the worst from happening and make it clear to the EU that our companies have other things to do than fill databases.
More and more reporting requirements, which must be observed cumulatively, jeopardize competitiveness and overstretch the administrative resilience of medium-sized companies.
EU gives itself a leg up on market surveillance
With all these regulations, one should be able to assume that the EU is also concerned about their compliance. Keyword market surveillance. But let's forget it. Directives and regulations can be written quickly by a few officials, but monitoring them requires armies. And they don't exist.
A Sunset Date from Brussels ...
... marks the last day and thus the end of materials, processes and technologies.
Proposals for the gallery
In Germany, the end of fossil-fuel heat generators has been on the horizon for some time. The pace at which we are looking forward to this has increased significantly in the meantime due to the upheavals on the energy markets triggered by the Ukraine crisis. And in addition to the political decision in favor of heat pumps, experts are constantly coming up with new proposals for overcoming the crisis and accelerating the energy turnaround. Popular proposals such as lowering temperatures in buildings and digital radiator thermostats are coming into the public eye. From the point of view of the heating fittings industry, these are further regrettable pieces in the mosaic of a polyphony in the competition between technical solutions, which only lead to even greater uncertainty and investment paralysis on the part of the consumer, and are also ill-considered in terms of industrial policy.
In this respect, it is now necessary to implement proven core regulations of the former Energy Saving Ordinance, the Building Energy Act and the accompanying subsidy programs in the expected amendments. This requires a clear political understanding that low-threshold offers for optimizing existing heating systems, for example with manual thermostats in conjunction with hydraulic balancing, can also make an important contribution to efficient energy use; incidentally, without requiring auxiliary electrical energy.
In which countries do Germans drink tap water?
High confidence in domestic water, skepticism abroad
Source: Blue Responsibility
Germany prides itself on the high quality of its drinking water . This is no coincidence. The national regulations are strict. Rhetorically, however, this circumstance is handled somewhat more elegantly than in the EU. For example, the responsible Federal Environment Agency (UBA) keeps so-called positive lists of materials that may be used in drinking water installations. Conversely, this means that the use of other materials not listed is prohibited. An indirect sunset, then, only more kindly named.
The positive lists for metals and those for plastics and other organic materials are important for the valve industry in this context. Products for which corresponding proofs of conformity are available are thus well ordered.
It becomes problematic if proof cannot be provided. If the product does not meet the requirements, it is your own fault. But if the proof fails due to a lack of capacity at testing and certification facilities, and these capacity bottlenecks are due to the legislator's excessively short transition periods, then we have to talk about it. And that is exactly what is happening between VDMA and UBA. What is helpful here is the many years of trusting cooperation, which nurtures the hope that a practical solution can be found.
The healing power of expertise
The Technical Instructions on Air Quality Control (TA Luft) recently experienced a sunrise rather than a sunset. The amended version came into force in 2021. This was preceded by discussions with the responsible authorities, during which a number of improvements were achieved. In particular, issues relating to density classes in accordance with ISO 15848 were discussed. The usual scope for interpretation in such regulations was subsequently closed by VDMA and VCI in a joint guideline.
What comes next? This question may sound defeatist at this point and would not arise after a few individual cases. What is worrying, however, is the sum of regulations and the prospect that things will get even worse.
After sunset, it gets dark. Let’s hope that the technical regulation will not lead to a solar eclipse.
