Japan Machinery Center for Trade and Investment
No.401 Kikai Shinko Building
5-8, Shibakoen 3-chome
Minato-ku, Tokyo 105-0011
JapanTelephone: 81-3-3431-9230
Facsimile: 81-3-3436-6455
WEB: http://www.jmcti.org/

12th May 2011
Waste Reduction and Management Division
Environment Canada
351 St. Joseph Boulevard, 14th floor
Gatineau, Quebec K1A 0H3, Canada

Dear Sir / Madam,Japan Machinery Center for Trade and Investment is a nonprofit organization
established in 1952 in accordance with the Export and Import Transaction Law.

It

comprises about 270 major and medium-ranked companies engaged in exporting orinvesting in a broad range of machinery, including manufacturers of electrical andelectronic equipment, trading firms and engineering companies.
Our committee handles environmental issues over products for trade and is strongly
concerned with overseas environment-related regulations on product.

From thisstandpoint, we would like to comment on the Proposed Regulations Respecting ProductsContaining Certain Substances Listed in Schedule 1 to the Canadian Environmental Protection Act,1999.

We would like to express our thanks for the transparency of rulemaking process of the
Proposed Regulations Respecting Products Containing Certain Substances Listed in Schedule 1 tothe Canadian Environmental Protection Act, 1999 and are delighted to have this opportunity tosubmit our comments on this.
If you have any questions, please feel free to contact our secretariat (Mr. Hideaki
Fukasawa, E-mail: fukasawa@jmcti.or.jp).

Sincerely yours,
Hideaki Ida
Chairman
Environment Law Committee
Japan Machinery Center for Trade and Investment

Comments of Japan Machinery Center for Trade and Investment (JMC)
on the proposed Regulations Respecting Products Containing Certain Substances
Listed in Schedule 1 to the Canadian Environmental Protection Act, 1999
12 May 2011
JMC strongly supports the Canadian Government’s intention to implement safer and moreenvironment-friendly measures to reduce risks on mercury that has been causing healthhazards and contamination throughout the world. We also understand that producers shouldbear part of the social responsibility.
On the proposed Regulations Respecting Products Containing Certain Substances Listed in
Schedule 1 to the Canadian Environmental Protection Act, 1999 (dated February 26, 2011),
we would like to comment from our viewpoint as follows:【 General comments】】
The EU and the U.S. have already implemented regulations on mercury-containingproducts. We request that the Canadian Government take full account of existing laws (EURoHS Directive (2002/95/EC) and the U.S. State laws and regulations) in order to avoid asituation in which only Canadian’s rules would be out of alignment.
Particularly about differences in product, exclusion subject to regulation, threshold limit,and labeling etc., the existing regulations should be well considered because they may
greatly affect not only our industry but also Canadian industry and cause confusion.
【 Itemized comments】】
1. Timeline
Article 17 currently proposes that these Regulations would come into force on January 1,
2012. In considering measures to cope with indicating information or to test lamps at acertification body accredited by the Standards Council of Canada, we would like to have atleast one year's transition period before coming into force from the date of publication ofthe final Regulations.
2. LabelingA) Article 8 "LABELLING" requires to indicate all the 6 mercury-related items on theproducts both in English and French. Since the space on the product where
information can be shown is limited, however, we request that producers should be

2
Japan Machinery Center for Trade and Investment (JMC)
No.401 Kikai Shinko Building, 5-8, Shibakoen 3-chome, Minato-ku, Tokyo Japan 105-0011
Tel:+81-3-3431-9230, Fax:+81-3-3436-6455, WEB: http://www.jmcti.org/

allowed to select a position of information indication from product, package, and user
manual, including indication on product documentation such as user manual, like inmany States in the U.S.
(See: MERCURY EDUCATION AND REDUCTION MODEL ACT.
http://www.newmoa.org/prevention/mercury/final_model_legislation.pdf)

B) The requirements for indicating the symbol of Hg stipulated in Article 9 are notnecessarily the same as those in the regulations of U.S. States or other. This isconfusing for producers, and at the same time imposes excessive burdens on producers
for excessive separate production. Since this is not preferable socioeconomically, werequest that the requirements should be harmonized with those in the U.S. Stateregulations.
3. Contents of Information
Though the items (b) and (c) of Article 8 require that the amount of mercury contained
must be indicated on the product, many products contain mercury only in their limitedparts such as lamps. It would be almost useless to indicate the amount of mercury whenmercury is sealed as in lamps and hardly exposed to users. For users, it would be enough toprovide information appropriately about the following two items:(1) the fact that product contains mercury, and(2) the instruction for appropriate treatment and disposal.
The EU WEEE Directive (2002/96/EC) and the State laws and regulations in the U.S.
basically require to indicate these two points. Therefore, we request that statement
concerning the amount of mercury contained in a report to the authorities should beadequate.
4. Exempted products
In considering the global distribution of electric and electronic equipment, we request
harmonization (category, threshold, and other) with application-exempted items in existing
regulations such as EU RoHS Directive (2002/95/EC) and EU Battery Directive(2006/66/EC).
(See: COMMISSION DECISION 2010/571/EU and its amendments;
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:251:0028:0034:EN:PDF).
(See: COMMISSION DECISION 2006/66/EC;
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:266:0001:0014:en:PDF).

5. Measuring method

3Japan Machinery Center for Trade and Investment (JMC)
No.401 Kikai Shinko Building, 5-8, Shibakoen 3-chome, Minato-ku, Tokyo Japan 105-0011
Tel:+81-3-3431-9230, Fax:+81-3-3436-6455, WEB: http://www.jmcti.org/

Regarding the quantity of mercury contained, Article 12 prescribes measurement by themethod of IEC62321:2008. However, the method is not applicable to the measurement ofmercury contained in lamps mainly covered in regulation. We request explicit statementthat Article 12 would be applied only after international standards are established for themeasurement of mercury in lamps and enable objective measurement by a third party.
6. Certification of lamps
Article 13 requires a third party to certify the quantity of mercury contained in lamps.
Since there are now no measuring standards for the quantity of mercury contained, thequantity of mercury in lamps should be declared by producers themselves. We request thatArticle 13 should be deleted from the proposed regulations.

4Japan Machinery Center for Trade and Investment (JMC)
No.401 Kikai Shinko Building, 5-8, Shibakoen 3-chome, Minato-ku, Tokyo Japan 105-0011
Tel:+81-3-3431-9230, Fax:+81-3-3436-6455, WEB: http://www.jmcti.org/