EU LEGISLATION RELATING TO WATCHES
Many watches have to comply with two pieces of European Legislation which restrict potentially harmful elements. The levels of specific elements permitted by these two regulations are contradictory and an increasing number of customers are seeking clarification from The Birmingham Assay Office.

The legislation refers to two different periods during the lifetime of a watch:

• While the watch is usable and wearable, the UK General Product Safety Regulations 2005/1803 apply. This has implications for specific elements:- Any components which may reasonably be expected to come into contact with the lips, mouth and tongue (accessible components) should have a restricted lead content, in case the components are licked, chewed, or in the worst case swallowed. Lead is known to cause cancer, birth defects or other reproductive harm.

In addition, all components of the watch which may come into direct and prolonged contact with the skin must comply with “The Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2005”. Detailed advice with regard to Lead and Nickel in jewellery, watches and similar articles has already been distributed by The Birmingham Assay Office and is available at www.theassayoffice.co.uk.

In addition, leather straps should comply to accepted standards for the release of Hexavalent Chromium (Chromium VI) which can cause severe allergy.

• After the watch has been disposed of, the Restriction of Hazardous Substances Directive (RoHS) becomes applicable. The RoHS directive 2002/95/EC (Restriction of Certain Hazardous substances) in Electrical and Electronic Equipment came into effect in July 2006. The aim of the directive is to reduce health and environmental risks after the article has been discarded, when potentially toxic elements can leach back into the earth and cause long term damage and pollution and in turn risk to human health.

HEXAVALENT CHROMIUM IN LEATHER WATCHSTRAPS AND ALLERGIC SKIN REACTIONS The problem with regard to General Product safety is that the presence of Chromium VI in leather products can trigger severe skin allergy in sensitive people. This has been a matter of global concern for many years. Hexavalent chromium is not deliberately used in the tanning process and has no tanning effect. However, it may be introduced during tanning. Chrome tanning is used in 80% of leather production world-wide and the process includes the use of chromium (III) sulphate. During tanning Chromium (VI) may appear as an impurity in the tanning substance or be formed through oxidation from chromium (III) in the ensuing processing stages. The only way of preventing allergic reactions is for allergy sufferers to avoid any contact with chromium (VI). This is possible by restricting the use of chromium salts in leather production as far as possible or technically reducing their concentrations during processing to such an extent that chromium (VI) can no longer be detected in the end product. The presence of Cr VI in leather is now regularly tested by leather manufacturers, their clients, and retailers, and a (non-regulatory) limit of 3 mg/kg specified by ISO 17075:2008 is almost universally recognized. The level of concern has been elevated sufficiently that some Consumers have even been having testing performed on products purchased, with the intention of initiating civil lawsuits.

WATCHES AND THE EU DIRECTIVE ON THE RESTRICTION OF CERTAIN HAZARDOUS SUBSTANCES (RoHS) The RoHS Directive restricts the use of six environmentally sensitive substances: Lead, Mercury, Cadmium, Hexavalent Chromium and flame retardants, namely, Polybrominated Biphenyl and Polybrominated Biphenyl Ether in electrical electronic equipment. The directive specifically lists groups of products which have to comply and non-mechanical watches and clocks are included in the category of small household appliances. All components of a watch fall under the ROHS regulations, from all internal parts, (excluding batteries, which fall under a different directive) leather straps, lenses, buckles, case, back, crown etc. The RoHS Directive posed a technological challenge to all watchmakers, as very small quantities of some of these substances were routinely used in the manufacture of some watches and accessories such leather straps. To ensure full compliance, many reputed watch manufacturers embarked on a thorough and comprehensive development programme to implement new processes and materials which would eliminate the banned substances.

DETERMINING WHETHER A WATCH HAS TO COMPLY TO ROHS Article 3(a) states that RoHS covers electrical and electronic equipment "which is dependent on electric currents or electromagnetic fields in order to work properly.” With a variety of watches on the market using different technology for their operation, it sometimes become difficult to identify which watches are exempt and which ones fall within the scope of the directive and need to be tested. To simplify this, the following example may help: A microwave oven would be covered by RoHS because it cannot perform its intended function with the power switched off. On the other hand, a talking doll can still be used as a doll even when the batteries (power source) are removed, so it isn't covered by RoHS. Ask the question “Does the watch still tell the time when the batteries (power source) are removed? If so then it is not covered, but if not then it is covered by RoHS. In practice this means:

• All watches which use batteries are covered by the RoHS directive.
• Purely mechanical watches do not fall under the scope of RoH .
• Solar watches tend to be battery powered with a solar panel delivering ancillary life extension. Solar powered watches have been excluded due to WEEE article 13 suggesting that photovoltaic devices are to be brought into scope at a later date. However, compliance would be the lowest risk approach, particularly if distributing across the EU.
• Mechanical watches containing batteries which are charged by mechanical movement will have to be tested under the directive.

The RoHS Directive permits a concentration of 1000mg/kg (0.1%) of hexavalent chromium in products covered under this legislation but this significantly exceeds the levels considered safe under the General Product Safety Regulations 2005/1803.

TESTING FOR CHROMIUM VI AT THE LABORATORY AT THE BIRMINGHAM ASSAY OFFICE The Birmingham Assay Office therefore suggests that, in line with the requirements of International standard ISO 17075:2008, all leather products should contain less than 3mg/kg of hexavalent chromium to be considered safe under the General Product Safety Regulation. Many European countries are now introducing this as a legal limit for hexavalent Chromium in leather.

So although leather watchstraps tested under the RoHS directive will be declared as ‘Compliant’ if they contain hexavalent chromium at less than the 1000mg/kg limit they will not comply with the General Product Safety Regulations where a detectable limit of 3mg/kg is appropriate. The Laboratory at The Birmingham Assay Office tests for Chromium VI content in leather using UV-visible spectrophotometry according to the ISO standard.