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No part of this work may be reproduced in any way without the written consent of Fronius. It must not be saved, edited, reproduced or
distributed using any electrical or electronic system.
You are hereby reminded that the information published in this document, despite exercising the greatest care in its preparation, is
subject to change and that neither the author nor Fronius can accept any legal liability.
Gender-specific wording refers equally to female and male form.
This guideline serves to comply with legal requirements and the quality requirements of our customers. In
addition, it has the purpose of ensuring materially compliant handling of substances and products in
development, production, trade and use.
Material compliance includes material-specific requirements and aspects of environmental protection, product
sustainability and social responsibility. It helps to ensure a high level of protection for human health and the
environment with the aim of sustainable and socially acceptable product development and calls for substances
of concern to be replaced by less hazardous substances or technologies.
Area of application
This Material Compliance Guideline describes the requirements of Fronius International GmbH and its affiliated
companies (hereinafter referred to as “Fronius”) with regard to all known statutory prohibited, regulated and
declarable substances in current form. It must be taken into account when Fronius is supplied by suppliers.
This guideline is part of the contractual relationship with suppliers and is therefore binding for all suppliers who
supply products to Fronius. It shall be deemed accepted by the receipt of a business relationship (purchasing
conditions, supplier agreement, framework contract, purchase order).
The requirements contained in this guideline apply worldwide, even if no delivery is made to the European
Union.
Contents
This guideline includes specifications for prohibited and declarable ingredients for all products used in Fronius
end products or placed on the market by Fronius.
The Material Compliance Guideline requires that all products and their packaging supplied to Fronius comply
with the requirements of this guideline in order to ensure that the products are placed on the market in
compliance with the regulations. This guideline is intended to provide content-related assistance to suppliers
with regard to legal requirements.
Fronius makes the Material Compliance Guideline available via its website at
Should any legal regulations or changes to the law not be reflected in this guideline, this does not release the
supplier from the obligation to take these into account and to comply with the current, applicable legal
requirements.
In this guideline, product is understood to mean everything:
/ that is supplied to Fronius and remains in a (complex) product that is placed on the market by Fronius
/ that is supplied to Fronius as an auxiliary production material (this also includes the supplier’s operating
and auxiliary materials)
/ that is passed on to Fronius as packaging to be passed on to external customers
/ for use as equipment used within the company
Examples of products are:
/ Complete products including merchandise
/ Modules
/ Components
/ Raw materials
/ Semi-finished products
/ Mixtures
/ Substances
/ Materials
/ Packaging including conditioning such as desiccants or corrosion protection agents
/ Articles
/ Transport materials
Substance
A chemical element and its compounds in the natural state or obtained by any manufacturing process,
including any additive necessary to preserve its stability and any impurity deriving from the process used, but
excluding any solvent which may be separated without affecting the stability of the substance or changing its
composition (cf. REACH Regulation (EC) No. 1907/2006, Art. 3 para. 1).
Mixture
A mixture or solution composed of two or more substances (cf. REACH Regulation (EC) No. 1907/2006,
Art. 3 para. 2).
Homogeneous material
One material of uniform composition throughout or a material, consisting of a combination of materials, that
cannot be disjointed or separated into different materials by mechanical actions such as unscrewing, cutting,
crushing, grinding and abrasive processes (cf. RoHS Directive 2011/65/EU, Art. 3 para. 20).
An object which during production is given a special shape, surface or design which determines its function to
a greater degree than does its chemical composition (cf. REACH Regulation (EC) No. 1907/2006,
Art. 3 para. 3).
Restricted substances
Prohibited substances must not be contained in articles, components, materials, preparations and auxiliary
and operating materials above the limit values specified in this guideline.
These substances may only be present as natural impurities, they may not be added intentionally. Impurities
with these substances shall be indicated qualitatively.
Substances subject to declaration
Substances classified as declarable are not desired in some applications and must be declared above the
specified limit values. The listed substances must be indicated for each article, component, material, substance
preparation, auxiliary or operating material. Content limits are specified for the individual substances in the
document.
CAS number
The CAS number (CAS Registration Number/CAS Registry Number, CAS = Chemical Abstracts Service) is an
international designation standard for chemical substances. There is a unique CAS number for each chemical
substance registered in the CAS database (also biosequences, alloys, polymers).
SVHC
Substances of Very High Concern are substances that are listed in the candidate list of the European
Chemicals Agency (ECHA):
http://echa.europa.eu/en/candidate-list-table
Critical raw materials
According to the EU Commission’s definition, critical raw materials are all those raw materials that fulfil two
parameters: economic relevance and the supply risk of the substance, which exists when a large share of
global production is concentrated in a few countries.
More information on critical raw materials can be found at the following link:
Ordinance on prohibitions and
restrictions on the marketing and
placing on the market of certain
substances, mixtures and products
under the Chemicals Act
Dodd-Frank
Wall Street Reform
and Consumer Protection Act
Section 1502 Dodd-Frank Act:
Reporting of minerals used from
conflict areas
Critical raw materials
according to EU Ecodesign
Directive
Directive
2009/125/EC
Directive establishing a framework for
the setting of ecodesign requirements
for energy-related products
California Proposition 65
Safe Drinking
Water and Toxic
Enforcement Act
of 1986
Regulation in the US state of California
requiring information on chemicals
known to the state to cause cancer or
to cause birth defects and other
reproductive toxicity
Every supplier who supplies to Fronius products according to the definition of this guideline is obliged
to:
/ Know the current status of the legal requirements with all applicable substance restrictions, to comply with
them and, if necessary, to obtain the current guideline, law or standard itself.
/ Acknowledge and comply with this guideline in the course of the existing business relationship
/ Provide Fronius free of charge with the product information required to verify compliance with the legal
requirements and this guideline and to store the requested material data information (declarations)
completely and correctly in the online communication platform “DataCross” provided for this purpose
/ Fulfil their information obligations within the supply chain and to include sub-suppliers accordingly
/ Not use prohibited ingredients in a concentration above the limit value in the delivered product (if the
prohibition cannot be complied with, the contained amount of the prohibited substance must be reported
to Fronius immediately). Declarable substances in supplied products must be reported to Fronius, stating
the material, substance name and percentage by weight
/ Check at least every 6 months whether the Material Compliance Guideline is available in an updated form.
Any amendment to the Material Compliance Guideline replaces the previous version and is valid with
immediate effect
The material compliance requirements regulated in this guideline are to be regarded as an explicit product
feature and are equivalent to other product requirements.
In individual cases, the technical data sheets of all raw materials and auxiliary materials used must be
submitted to Fronius for initial sampling on request, or this information must be made available via the online
platform provided for this purpose. Fronius reserves the right to carry out tests and laboratory examinations
on products in individual cases to check compliance with banned substances.
Fronius suppliers will not be notified of any changes or versioning of this guideline.
If Fronius engages third parties to verify compliance with the legal requirements and this guideline, and to
obtain product information accordingly, the supplier’s specified information obligations are also to apply equally
to this third party.
Materials and raw materials of unknown origin and/or composition or raw materials of which sufficient material
data are not available must not be used without consulting Fronius International GmbH.
A declaration by the supplier for products supplied to Fronius is required as soon as one of the causes listed
below occurs:
/ Product is sampled or delivered for the first time.
/ Declarations were not previously available or were incorrect.
/ Substances and/or manufacturing processes have been changed.
/ New/changed substance bans and/or substance declaration obligations apply and the products supplied
are affected by this.
/ Fronius makes an individual request for declaration.
5.1 Substance regulations and bans – Necessary for all products
The substance law requirements described under point 5.1 apply to all substances, mixtures and articles. The
context of application is described in detail in the corresponding law.
5.1.1 Regulation (EC) No. 1907/2006 REACH – Annex XIV – List of substances subject to
authorisation
Regulation (EC) No. 1907/2006 (in short “REACH”) entered into force on 01/06/2007. REACH Regulation (EC)
No. 1907/2006 is the European Chemicals Regulation concerning the Registration, Evaluation, Authorisation
and Restriction of Chemicals. The regulation applies to all products supplied to Fronius as defined in this
guideline.
Annex XIV generally prohibits the use of certain SVHC candidates. The inclusion of a substance from the list
of substances of very high concern in Annex XIV of the REACH Regulation leads to an authorisation
requirement for this substance at the end of the procedure. After a transitional period, the substance may only
be used with an authorisation or its use is prohibited.
You can access the current Annex XIV of the REACH Regulation at the following link:
https://echa.europa.eu/en/authorisation-list
If the products supplied to Fronius contain any of the substances listed in Annex XIV, this must be reported to
Fronius immediately.
5.1.2 Regulation (EC) No. 1907/2006 REACH – Annex XVII – List of restricted substances
Annex XVII of the REACH Regulation regulates or bans specified substances in individual/legislatively defined
uses.
You can access the current Annex XVII of the REACH Regulation at the following link:
Maximum concentration in the
homogeneous material in percent by weight
(w/w)
Cadmium and cadmium compounds
0.01%
Hexavalent chromium (Cr6+) and Cr6+ compounds
0.10%
Lead and lead compounds
Mercury and mercury compounds
Polybrominated diphenyl ethers (PBDE)
Polybrominated biphenyls (PBB)
Di(2-ethylhexyl) phthalate (DEHP)
Butyl benzyl phthalate (BBP)
Dibutyl phthalate (DBP)
Diisobutyl phthalate (DIBP)
Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the
use of certain hazardous substances in electrical and electronic equipment (RoHS Directive) came into force
on 2 January 2013.
The substance restrictions of the RoHS Directive refer to the maximum concentrations in the homogeneous
material of each article.
Table 2: Substance regulations of the RoHS Directive
Annex III of the RoHS Directive regulates exemptions for certain uses. These exemptions are divided into
categories and time limits apply. If an exemption is used in accordance with Annex III of the RoHS Directive,
Fronius must be notified.
All products supplied to Fronius must comply with the RoHS Directive.
The Ordinance on prohibitions and restrictions on the marketing of dangerous substances, preparations and
articles under the Chemicals Act is an Austrian law that prescribes specific national requirements in addition
to the REACH Regulation. Since REACH applies as a regulation directly in the EU Member States, the
Chemicals Prohibition Ordinance 2003 – with the exception of a few paragraphs – was repealed with the entry
into force of the EU Chemicals Law Amendment Regulation 2017, Federal Law Gazette II No. 179/2018.Only
those regulations remain that are not covered by Annex XVII of the REACH Regulation and are thus not
harmonised under Union law.
All products supplied to Fronius must comply with the requirements of the Chemicals Prohibition Ordinance.
5.1.5 Regulation (EC) No. 2019/1021 on persistent organic pollutants (POPs)
This EU regulation implements, among other things, the Stockholm Convention on Persistent Organic
Pollutants. The Stockholm Convention is an agreement on internationally binding prohibition and restriction
measures for certain long-lived organic pollutants. Thus, the Convention bans or restricts the production, use
and trade of hazardous chemicals.
Further information on the Stockholm Convention can be found on the official website at the following link:
http://chm.pops.int/
The current text of the European transposition can be found on the EUR-Lex platform of the European Union
by quoting the document number as described in point 8.1. of this guideline:
http://eur-lex.europa.eu/
The products supplied to Fronius must comply with the requirements of this regulation.
5.1.6 Product Safety Act 2004 (PSG)
The Product Safety Act 2004 is the central legal regulation for the safety of consumer products that are not
subject to any special regulation – such as there is for electrotechnical products or machines. The Product
Safety Act transposes the General Product Safety Directive 2001/95/EC into Austrian law.
An overview of the valid directives of the European Union in the provision of products can be found on the
website:
By affixing the CE mark and the accompanying signed CE Declaration of Conformity, the manufacturer,
importer or distributor of a product declares, among other things, the conformity of the product with all
harmonised standards applicable in the EU for this product.
5.2 Substance regulations and bans – Necessary for products from different areas
Pure substances
Maximum concentration in the
article in percent by weight (w/w)
Restrictions on use
Mercury and mercury
compounds
0.0005%
Batteries and accumulators
Cadmium and
cadmium compounds
0.002%
Device batteries and
accumulators
Pure substances and groups of substances
Maximum concentration in packaging or packaging
components in percent by weight (w/w)
Lead, cadmium, mercury and chromium VI
0.01%*
of application
In contrast to the substance regulations in section 5.1, here the supplier must check whether their products fall
within the scope of the respective requirement. If the supplier is unable to clarify this matter independently,
they must consult Fronius.
5.2.1 Directive 2006/66/EC – Battery Directive
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and
accumulators and waste batteries and accumulators, and repealing Directive 91/157/EEC restricts the use of
mercury and cadmium in batteries and accumulators.
Table 3: Substance regulations of the Battery Directive
All batteries and accumulators supplied to Fronius must comply with the requirements of Directive 2006/66/EC
(EU Battery Directive).
5.2.2 Directive 94/62/EC – Packaging Directive
Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and
packaging waste restricts the concentration of heavy metals in packaging.
Table 4: Packaging substance restrictions
*cumulative
All packaging, regardless of the material, must comply with the specifications of the EU Packaging Directive
94/62/EC.
Regulation (EU) No. 528/2012 on the supply and use of biocidal products on the European market entered
into force on 1 September 2013. With this regulation, the authorisation of biocides is uniformly regulated in the
European Union and takes place in a staged procedure.
Every Fronius supplier is obliged to fully comply with the specifications and obligations for the following
products:
/ Biocidal products
/ Treated articles
The valid Regulation on the supply and use of biocidal products can be found on the EUR-Lex platform of the
European Union by quoting the document number as described in point 8.1. of this guideline:
http://eur-lex.europa.eu/
All products supplied to Fronius that have been treated with biocides must comply with the requirements of the
regulation and be reported to Fronius.
According to Article 33 of the REACH Regulation, each supplier is obliged to do the following:
Any supplier of an article containing a substance meeting the criteria in Article 57 and identified in accordance
with Article 59 (1) in a concentration above 0.1 percent by weight (w/w) shall provide the recipient of the article
with sufficient information, available to the supplier, to allow safe use of the article including, as a minimum,
the name of that substance.
Insofar as the delivered articles contain substances of very high concern in a proportion of more than 0.1
percent by weight, which are published in the candidate list according to Art. 59(1) of Regulation
1907/2006/EC, the contractor is obliged to provide all information according to Art. 33(1) of Regulation
1907/2006/EC with the delivery without being requested to do so. This also applies if such a substance is only
included in the candidate list during the ongoing supply relationship. Private consumers are to be provided
with this information free of charge within 45 days upon request.
According to the decision of the European Court of Justice, the concept of “once a product, always a product”
applies. As soon as an article exceeds the concentration limit of 0.1% (w/w), the presence of this SVHC
candidate substance has to be communicated.
If the articles delivered to Fronius contain a SVHC substance above 0.1% (w/w), this must be reported to
Fronius immediately.
5.3.2 Conflict Minerals (CM) – Dodd-Frank Act
The Dodd-Frank Act is a US regulation signed in July 2010 that requires companies listed on the US stock
exchange to refrain from using raw materials from conflict regions. Since then, companies that use a conflict
mineral must submit a separate report on the origin. Conflict minerals within the meaning of the law include
tinstone, coltan, wolframite and gold, from which the following four metals – known as “3TG” – are produced:
The Conflict Minerals Reporting Template (CMRT) on the following website is to be used as the primary
declaration medium:
http://www.responsiblemineralsinitiative.org/
5.3.3 Critical raw materials according to Ecodesign Directive 2009/125/EC
Due to Commission Regulation (EU) No. 2019/1784 of 1 October 2019 implementing the ecodesign
requirements for welding equipment pursuant to Directive 2009/125/EC of the European Parliament and of the
Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energyrelated products, a presence of critical raw materials in all products supplied to Fronius must be declared.
In 2011, the European Commission published a list of critical raw materials (CRMs) for the first time as part of
the EU Raw Materials Initiative. This is updated at least every three years. Currently, 30 critical raw materials
and groups of critical raw materials are listed.
Due to the current requirements of Regulation (EU) No. 2019/1784, Fronius is directly affected by the product
groups placed on the market. This means that the declaration of critical raw materials is required for all products
supplied to Fronius, regardless of the product group.
More information on critical raw materials can be found at the following link:
If the products supplied to Fronius contain any of the current 30 critical raw materials in excess of 1g per
component, this must be reported to Fronius immediately.
5.3.4 Proposition 65 – Safe Drinking Water and Toxic Enforcement Act, 1986
The Safe Drinking Water and Toxic Enforcement Act, 1986 (also known as California Proposition 65) is a
California law enacted in 1986 that promotes clean drinking water. It is also intended to prevent carcinogenic
substances and substances that can cause deformities from entering consumer products.
“No person shall, in the course of his or her business, knowingly or unknowingly, expose others to a chemical
that, based on current knowledge, may cause cancer or result in neonatal birth defects without providing
consumers with clear, conspicuous and reasonable information about that risk.” ‒ California Proposition 65,
The Safe Drinking Water and Toxic Enforcement Act, 1986.
The state of California has identified more than 900 such substances. If companies include one of these 900
substances in their products, they must provide a “clear andunambiguous warning” if a person may come into
contact with the substance.
The supplier is obliged to provide information on Proposition 65 listed substances or to communicate the
necessary warnings for the products supplied.
This will allow Fronius to comply with its obligation to display warning labels on products intended for export
to California.
The safety data sheet is the central element of communication in the supply chain for hazardous substances
and mixtures. It provides important information on the following characteristics:
/ Identity of the product
/ Occurring hazards
/ Safe handling
/ Prevention measures
/ Measures in the event of danger
/ Storage and disposal
The requirements for the content and format of the safety data sheet are laid down in Article 31 and
Annex II of REACH Regulation (EC) No. 1907/2006.
The supplier of a substance/mixture is responsible for ensuring that the safety data sheet is technically correct
and completed in full.
The safety data sheet will be provided to Fronius free of charge on paper, in electronic form or as a download
option no later than the day of the 1st delivery.
Suppliers update the SDS without delay (cf. REACH Regulation (EC) No. 1907/2006, Art. 31 (9)) if
/ New information is available that may have an impact on risk management measures.
/ An authorisation has been granted or refused.
/ A restriction has been imposed.
The corrected version must be made available to Fronius if it has been supplied within the last 12 months.
6 FINAL PROVISIONS
Compliance with this Fronius Material Compliance Guideline as an explicit product feature is a contractual
component of the cooperation with Fronius and the corresponding supply of products. In the event of noncompliance with this guideline, the product concerned and the product delivered to Fronius shall be defective.
In this case, the supplier is liable for all direct and indirect damages and costs, as well as any consequential
costs incurred.