Einde inhoudsopgave
Corporate Social Responsibility (IVOR nr. 77) 2010/8.3.5
8.3.5 Non-EU consumers
Mr. T.E. Lambooy, datum 17-11-2010
- Datum
17-11-2010
- Auteur
Mr. T.E. Lambooy
- JCDI
JCDI:ADS365812:1
- Vakgebied(en)
Ondernemingsrecht (V)
Voetnoten
Voetnoten
Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (known as the Rotterdam Convention and also commonly known as PIC) The text of the Rotterdam Convention, which sets out the provisions and obligations that apply to all parties can be accessed via the PIC site, at: www.pic.int, accessed on 28 June 2010.
Report from SwedWatch as a part of the European makeITfair campaign, Out of Control: E-Waste Trade Flows from the EU to Developing Countries, April 2009, p. 9, at: http:// makeitfair.org/the-facts/reports, accessed on 24 June 2010.
X. Huo, L. Peng, X. Xu, L. Zheng, B. Qiu, Z. Qi, B. Zhang, D. Han, Z. Piao, 'Elevated Blood Lead Levels of Children in Guiyu, an Electronic Waste Recycling Town in China',in Environmental Health Perspectives, Volume 115, Number 7, July 2007, at: http://ehp03. niehs.nih.gov/article/fetchArticle.action?articleURI=info:doi/10.1289/ehp.9697, accessed on 24 June 2010.
Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) [2002] OJ L0096.
Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electric and electronic equipment (RoHS) [2002], OJ L0095.
Note 70, supra [makeltfair], p. 33.
The question arises whether Indian, Chinese and other non-EU consumers can benefit from consumer protection under REACH. The answer is no. Although the ' Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides' entered into force in 20041 and is aimed at the protection of human health and the environment, there are still serious problems for non-EU consumers and employees. The main reason is that the majority of electronic items used in the EU (which typically contain chemical substances) find their way to developing countries for a ' second life' or as waste products. For example, countries such as China, India, Ghana and Nigeria experience problems because of electronic waste (E-Waste) from the EU.2 The increased EU consumption of electronics has also led to an increase in E-waste. Developing countries generally lack the capacity and legislative framework needed to deal with E-waste in a responsible manner. Local workers are often exposed to hazardous chemicals when products such as refrigerators and computers are taken apart in order to extract valuable components and metals. A study published in 2007 indicates that children in the ' recycling town' of Guiyu in China had much higher lead levels in their blood than children living in a settlement where the recycling of electronics did not take place.3 Other health problems reported included diseases and problems related to skin, the stomach, the respiratory tract and other organs. The EU directive on the Waste Electrical and Electronic Equipment (WEEE) aims to deal with this problem by stipulating that the costs of disposing electronic products must be borne by the producers of the waste.4 Another European Directive prescribes that producers must phase out some of the most hazardous substances (i.e. the RoHS Directive).5 Despite these measures, the export of EU waste to the developing world continues. The financial incentives for EU companies to export waste is high. For example, it costs approximately EUR 10 to recycle a computer in Sweden; in India, the same computer can be recycled for EUR 1.50 within the informal sector.6 EU legislation provides a framework; however, only companies themselves can bring about a real change in the handling of chemicals.