REACH. Classification of ammunition as articles with an integral substance / mixture

Transcription

1 Discussion REACH Classification of ammunition as articles with an integral substance / mixture Bundesverband der Deutschen Sicherheits- und Verteidigungsindustrie e.v. Federation of German Security and Defence Industries Updated version, September 2014 Page 1 of 14

2 Main results - The propellant is an integral part of ammunition. When the weapon is fired, the propellant substance that is contained in the ammunition cartridge produces a defined gas pressure within the weapon (small arm) that accelerates the projectile. Until their chemical combustion, the chemical components of the propellant remain within the ammunition cartridge and are therefore integral part of the ammunition. - Ammunition is not a container to the propellant. During the use of the ammunition, the propellant substance contained in the ammunition is not released, nor are the reaction products of the combustion delivered in a controlled manner. Therefore, ammunition is not a container to the propellant. - Most common ammunition types are articles. Since ammunition is not a container to the propellant, most common ammunition types are to be classified as articles. - The classification of different ammunition types is not linked to the propellant. There are some specialised ammunition types that intentionally release a substance/mixture during use (e.g. exercise ammunition using a colourant to mark a target). For those, the classification as combination of an article (the casing, functioning as container for the colourant) and a substance/mixture can indeed be indicated. However, this classification result is not linked to the propellant, but to the type of charge comprised in the projectile, and even ammunition types that are classified as combination of an article and a substance are never containers to the propellant. - Ammunition and fireworks are not analogous. It is not justified to equate ammunition and fireworks because both products differentiate one from another considerably with regard to their function and effect. Page 2 of 14

3 I. Introduction The producers of ammunition for defence, civil (hunting and sports) and administrative applications are aware of their duties and obligations that arise out of the Regulation on chemicals EU/1907/2006 (REACH) and have taken according resource and organizational consequences in order to act in conformity with REACH. REACH aims at ensuring a high level of protection of human health and the environment as well as the free movement of substances, on their own, in mixtures and in articles, while enhancing competitiveness and innovation. However, these goals can only be achieved if the standards applied on objects, whether they are articles, substances or mixtures, do not deviate substantially amongst the EU member states. Therefore, this paper aims at advancing the discussion on a harmonized classification of ammunition under REACH by providing a reasoned assessment to both the competent national authorities as well as to suppliers and producers of ammunition. This paper addresses German, European and International public authorities that are engaged in the classification of ammunition according to REACH. In this paper, it is shown that most common ammunition types should not be qualified as containers to the propellant but as articles with integral substances / mixtures that therefore do not need be registered in accordance with the wording of the REACH regulation Article 7 (1). The assessments used in this paper have been assembled by the BDSV using background information provided by the enterprises ATLAS Elektronik, LFK, Diehl BGT Defence, Airbus Helicopters, KMW, Dynamit Nobel, Metallwerk Elisenhütte, RUAG Ammotec and Rheinmetall Waffe Munition. II. The classification of objects according to REACH and its consequences The REACH regulation, in force since 1 June 2007, imposes a multitude of obligations on manufacturers, importers and downstream users of chemicals that are deemed dangerous. There are different obligations according to the classification of the object in question. Generally, there are three classification options for the object: 1) The object is a substance or a mixture; 2) The object is a combination of an article (functioning as a container or carrier material) and a substance/mixture; 3) The object is an article (where a substance/mixture may form an integral part of the article). From a point of view of the concerned industry, REACH imposes the least obligations if the object in question is classified as article (where a substance/mixture may form an integral part of the article). In contrast, if the object in question is classified as a combination of an article (functioning as a container or carrier material) and a substance/mixture, considerably more obligations apply to the substances and mixtures comprised in this object. Page 3 of 14

4 Accordingly, the correct classification of objects is of great importance: a wrong classification may lead to enormous additional work and expense for the affected enterprises. Since the differentiation between the categories two and three may be difficult in some cases, ECHA has published guidelines in a Guidance on requirements for substances in articles (Guidance 3.8) in April 2011 in order to support the concerned enterprises in correctly classifying their objects. REACH obligations applying for substances / mixtures that are integral parts of an article According to Article 7 (1) REACH, a substance contained in an article only needs to be registered if both the substance is intended to be released under normal and reasonably foreseeable conditions of use and is present in the article in quantities totalling over one tonne per producer or importer per year. However, according to Annex V Article 3 REACH, substances which result from a chemical reaction that occurs upon end use of other substances, mixtures or articles and which are not themselves manufactured, imported or placed on the market are exempted from this obligation to register. III. Ammunition under REACH Taking into account the consequences that arise from the classification of an object, the affected industry has a tremendous interest in a consistent classification of ammunition, either as an article (where substances /mixtures may form an integral part) or as a combination of both an article and a substance/mixture. In most common ammunition types, ammunition comprises four main elements that enable it to fulfill its function (here explained at the example of a small arms ammunition cartridge): an outer cartridge casing consisting of metal, a projectile ( bullet ), the propellant substance and, in most cases, a cap or primer that is designated to ignite the propellant (see illustration). cap or primer propellant substance cartridge casing projectile With the firing pin or striker of the weapon, the cap of the cartridge (or the rim of the cartridge base for Rimfire cartridges without cap; in this case, the primer is situated in the rim of the cartridge case) is strained by mechanic force which causes the initiation of the primer. The resulting ignition flame ignites the propellant substance situated in the casing. During the combustion of the propellant, a gas pressure develops which accelerates/propels the projectile and directs it through the barrel of the weapon into the target. All parts of the ammunition are solidly and definitely coupled in the cartridge and can only be removed by applying force, resulting in the destruction of the ammunition s functionality. Page 4 of 14

5 KE ammunition and explosive ammunition KE (kinetic energy) ammunition and explosive ammunition are ammunition types specially designed for military uses (e.g. for artillery). While there are some differences in their composition and effect when compared to ammunition used in small arms, the basic functionality of all ammunition types is identical: to propel a projectile on a defined trajectory into a target by using the pressure arising when the propellant is combusted. a) KE ammunition KE ammunition uses, like ammunition for small arms, kinetic energy to penetrate the target. Like in ammunition for small arms, KE ammunition accelerates a projectile by combustion of the propellant in order to carry it into the target. However, due to its much bigger size (KE ammunition is used in guns with bore diameters of 120mm so that the cartridges reach a size of up to 1.50 meter), it is necessary to make use of special elements and a special ignition train in order to ensure a uniform ignition of the propellant. Accordingly, KE ammunition generally comprises a separate casing for the propellant, a cartridge base, a primer or ignition charge, the propellant substance and the projectile. The separate casing for the propellant may consist of metal (brass or steel for small and medium calibres), or of a combustible material (nitrocellulose, for large calibres). The primer is screwed into the cartridge base. The primer comprises an ignition device that reacts to a hit or an electrical pulse (igniter) and a multi-stage ignition train comprising a primary, booster and main charge where the chemical energy is raised at each stage of the train in order to ensure a reliable and uniform ignition of the propellant. When using only the relatively weak ignition pulse of the ignition charge at stage one, the great amount of propellant substance of a KE ammunition cartridge cannot reliably be ignited. Like in ammunition for small arms, all parts of the cartridge are solidly assembled and can only be removed by force while destroying the ammunition s functionality. The military customers demand environment tests and drop tests for military ammunition that impose tight criteria for the manufacturing of the ammunition. It is not possible to simply remove certain components or exchange certain elements (with the exemption of the primer). There is no release of substances from the KE ammunition since the reaction products (gas) of the propellant is combusted even before the projectile leaves the barrel. This applies also to the pyrotechnical mixture that is sometimes used to produce a colour trace during the flight of the ammunition since it is only the reaction products of the tracer mixture that are released. b) Explosive ammunition In contrast to KE and small arms ammunition whose projectiles rely on kinetic energy, explosive ammunition comprises a cast explosive charge which uses chemical energy to produce the required effect. This explosive charge needs a further ignition system to ignite the explosive charge at the required point of its trajectory - that is, either at a particular height (using a time or proximity fuze) or on impact (using a percussion fuze). Page 5 of 14

6 The explosive charge is carried to the target, like in all other ammunition types, by using the gas pressure that develops when the propellant combusts. Like in KE ammunition, it is necessary to use an ignition train in order to ensure a uniform ignition of the propellant. REACH turns particular attention to the propellant substance that is a mandatory element of all ammunition types. Propellants exist in various shapes, most commonly as grains with multiple perforations or as cylinders (for example in artillery ammunition). In the BDSV s opinion, the propellant classifies as article under REACH since its shape, surface and design determine its burn-up (progressive, regressive or neutral burn) and are thus more relevant for the propellant s function than its chemical composition. During the manufacturing of the propellant ( extrusion ), the ability to exactly reproduce the propellant s designated shape and geometry is a main sign of quality to ensure the pressure curve aimed for in the barrel. The propellant needs to be exactly adjusted to the internal ballistic design of the ammunition. This means that two factors need to be taken into consideration: on the one hand, one must not exceed the permitted maximum gas pressure in the barrel of the weapon when the cartridge is used; on the other hand, the propellant needs to be entirely combusted by chemical reaction when the projectile leaves the weapon s muzzle. To do so, the propellant s shape, design, geometry and amount are exactly adjusted to the barrel s length and the projectile s weight. However, since there is no consensus yet on the classification of the propellant, it is referred to as substance/mixture in the following paper as it is proposed in the background papers the European Commission has issued on the case. Most parts of ammunition projectiles, casings and primer are recognised as articles by the competent authorities (for example, REACH-CLP Helpdesk Germany, answer dated 31 March 2010; GZ: /04/ ). Only the propellant is in some cases classified as substance/mixture intended for release and not as integral part of the ammunition cartridge. In this interpretation, ammunition is classified as a container to the propellant: as combination of an article (the casing functioning as a container) and a substance/mixture (the propellant). In consequence, the propellant needs to be registered according to Article 7 (1) REACH regulation. In this paper, it is argued that this classification of ammunition is not appropriate. IV. Classifying ammunition with the ECHA Guidance on requirements for substances in articles In this chapter, the subsequent steps on how to classify ammunition according to REACH (as article or as a combination of an article and a substance/mixture) are documented. In order to provide guidance during the classification process, ECHA has issued a step-by-step workflow in its Guidance on requirements for substances in articles (version of April 2011). By answering the proposed questions, it shall be shown that small arms ammunition (used as example for most common ammunition types) classifies as article when applying the wording of the Guidance. Page 6 of 14

7 The Guidance proposes six steps to be followed when classifying an object (see illustration): Step 1: The first step consists in identifying the function of the object. The function is an important part of the definition of an article, as is shown in Article 3 (3) REACH regulation. According to the ECHA Guidance, the term function should be interpreted as meaning the basic principle determining the use of the object, while it may be helpful to look at the result of using an object. The function of ammunition is to propel a projectile at speed in a way that it flies on a defined trajectory to a target by using the sudden gas pressure development in the weapon that arises due to the combustion of the propellant. This trajectory is defined by the weapon type, the ammunition type (calibre), the projectile type/form and the propellant (grain shape and size) used. Page 7 of 14

8 Step 2: Step 2 asks whether the shape/surface or design of the object is more relevant for the function than its chemical composition. Since both the shape/surface and design (meaning the ammunition s physical appearance) and the chemical composition impact the functioning of ammunition (that is, to propel the projectile at speed on a pre-determined trajectory by creating a defined gas pressure), one cannot answer this question unambiguously. Therefore, a deeper assessment is needed by proceeding with step 3, introducing more detail to the questions. Step 3: Step 3 asks to determine if the object contains a substance or mixture that can be physically separated from the object (e.g. by pouring or wringing out). For safety reasons, it is forbidden both by law and by the manufacturers to disassemble industrially manufactured ammunition. Also, one can separate the propellant only by applying force and while destroying the ammunition. Nevertheless, since it is theoretically possible to disassemble the ammunition (similarly to the liquid in a thermometer used as an example in the ECHA Guidance), it is necessary to proceed with step 4. Step 4: With the help of three indicative questions, step 4 aims at determining whether the chemical content of the object is an integral part thereof (and therefore the object as a whole is an article as defined under REACH) or if it is a substance/mixture for which the rest of the object functions as a container or carrier material. Thus, the question is whether the propellant substance is an integral part of ammunition or not. Question 4 a asks if the substance/mixture were to be removed or separated from the object and used independently from it, would the substance/mixture still be capable in principle (though perhaps without convenience or sophistication) of carrying out the function defined under step 1? Thus, the question is whether the propellant substance is able to fulfil the function of ammunition to propel a projectile on a defined trajectory by using a pressure rise - even if situated outside the casing. The answer to question 4a is No. While one may ignite the propellant also outside of the casing with the result of a chemical reaction, the combustion does not result in a pressure rise (for which some kind of encasing is needed) and therefore also not in the projectile being propelled at speed on a defined trajectory. Accordingly, if separated from the object, the propellant can not provide the propulsive force to act on the projectile and thus cannot fulfil the function of ammunition. Question 4b asks whether the object act(s) mainly (i.e. according to the function defined under step 1) as a container or carrier for release or controlled delivery of the substance/mixture or its reaction products? The answer to question 4b is No. During the use of the ammunition cartridge, there is no release of the propellant (which is aimed to entirely combust) nor of any other substance / mixture that has been put into the ammunition during manufacture. Equally, while some Page 8 of 14

9 reaction products of the combusted propellant (residues from the combustion process) may be released, this is neither done in a controlled manner nor can this delivery of the reaction products be described as the main function of the ammunition. Indeed, if there was no release of the reaction products, the function of ammunition to propel a projectile at speed on a defined trajectory by using a sudden gas pressure - could still be fulfilled. Accordingly, ammunition does not act mainly as a container or carrier for the release or controlled delivery of the propellant or of its reaction products. Question 4c asks, whether the substance/mixture [is] consumed (i.e. used up e.g. due to a chemical or physical modification) or eliminated (i.e. released from the object) during the use phase of the object, thereby rendering the object useless and leading to the end of its service life? The answer to Question 4c is Yes, since the propellant is indeed entirely consumed due to a chemical reaction during the use phase of the ammunition although not released. Since one can answer these questions predominantly with No (that is, two out of three, namely Question 4a and 4b), the object in question here, ammunition, should not be regarded as a combination of an article (functioning as a container or carrier material) and a substance/mixture. Since the questions under step 4 are mostly no, it is necessary to proceed to the questions of step 5 to cross-check whether the object as whole can indeed be considered as an article. Step 5: Question 5a asks if the object (would) be unable to fulfil its intended purpose if the substance/mixture were to be removed or separated from the object? The answer to Question 5a Yes: if the propellant is removed from the ammunition cartridge, the latter clearly cannot propel the projectile on a defined trajectory into a target since it cannot produce the necessary pressure without the propellant. Question 5b asks whether the main purpose of the object (is) other than to deliver the substance/mixture of its reaction products? The answer to Question 5b is Yes again, since there is no release or delivery of the propellant substance or its reaction products intended. Instead, ammunition aims foremost at propelling the projectile on a defined trajectory into a target by using the pressure created during the combustion of the propellant; whether or not there is some incidental release of the propellant s reaction products is not of interest for fulfilling this function. Question 5c asks whether the object (is) normally discarded with the substance/mixture at the end of its service life, i.e. at disposal? The answer to Question 5c is No. During the ammunition s use, the propellant is entirely consumed as a result of the chemical reaction. Accordingly, if the ammunition is used, neither the propellant nor the projectile is discarded together with the casing. Page 9 of 14

10 Since the majority of the questions 5a to 5c can be answered with Yes rather than No, the function of the object is likely to be determined rather by the physical properties shape, surface and design, than by the chemical composition. This means that the object in question ammunition is to be regarded as an article (whereof the substance/mixture forms an integral part). Conclusion on the classification of ammunition according to the proceeding proposed in the ECHA Guidance on requirements for substances in articles: When applying the steps 1 to 5 provided in the ECHA Guidance on requirements for substances in articles (version of April 2011), the assessment comes to the result that most common ammunition can be classified as article with the propellant forming an integral part. In contrast, the ECHA Guidance shows that ammunition is not a container to the propellant / not a combination of an article (namely the cartridge casing, functioning as a container) and a substance/mixture (the propellant). Furthermore, since the propellant is not intended to be released under normal or reasonably foreseeable conditions of use and since it only comes to an (uncontrolled) release of the reaction products developing during the propellant s combustion, there is no obligation to register the propellant according to REACH. Comparison with other examples provided in the ECHA Guidance: In order to cross-check the result that most common ammunition is to be classified as an article, the examples provided in the ECHA-Guidance are used for comparison. The comparison with a printer cartridge (which is classified as a combination of an article functioning as container and a substance/mixture according to the ECHA Guidance) illustrates the difference in effect: in contrast to the printer cartridge whose function is to bring it [the ink] to paper and uses the cartridge only as a means to hold the toner/ink in place inside a printer and control the speed and mode of release, the controlled release of the propellant or of its reaction products is not the basic principle determining the use of the ammunition. Indeed, the basic result of using ammunition is clearly not the controlled dispersal of the propellant or of its reaction products, but the propelling of the projectile on a defined trajectory to the target. In contrary, the comparison with a thermometer (classified as article in the ECHA Guidance) shows the similarities: just as for the thermometer, the main function of ammunition is not a delivery of a substance or mixture, but having a different function - such as showing the temperature or propelling a projectile on a defined trajectory to the target. Page 10 of 14

11 V. The classification of other ammunition types The previous explanations were based on the example of a small arms ammunition cartridge with no intended release of substances or mixtures. However, there are other ammunition types where there is intentional release of substances / mixtures. For example, some training ammunition types contain a colourant within the ammunition which is intended to be released in order to mark the target. For those ammunition types, the classification as combination of an article (the casing, functioning as container for the colourant) and a substance/mixture can indeed be indicated. However, this classification clearly is not linked to the propellant, which, just as in the small arms ammunition explained before, is not released. In other words: it is not the propellant that is decisive for the classification of ammunition; what is decisive for the classification of different ammunition types as either an article or a combination of an article and a substance/mixture is whether the projectile used aims at releasing some substance/mixture. When assessing whether or not there is an obligation to register the substances of these specialised ammunition types, one needs to distinguish whether it is only the reaction products that are released or indeed the unaltered substance that has been included into the cartridge during the manufacturing process. For example, in the case of special-purpose ammunition types (like smoke or illumination ammunition), the smoke or light effect is produced by the combustion of the substances/mixtures which in themselves are not intended to be relased. In other words: the smoke only consists of the reaction products which therefore do not need to be registered. On the contrary, some types of exercise ammunition for the artillery do contain organic colouring agents or titanium oxide in order to mark the target, and those substances are directly released during the use and therefore necessitate registration according to REACH. To conclude, in order to correctly classify ammunition, it is necessary to apply a case-by-case approach in dependence of the kind of charge the ammunition type uses. Yet, even ammunition that is classified as combination of an article and a substance is never a container to the propellant. VI. Ammunition is not a firework In Appendix I of the ECHA Guidance, a number of examples of borderline cases of substances/mixtures in containers or on carrier materials are outlined. Amongst them is the case of fireworks which is classified as a combination of an article functioning as a container and a substance/mixture. When discussing the correct classification of ammunition, this example was sometimes used in order to argue that ammunition is a combination of an article and a substance/mixture, too, assuming that ammunition and fireworks would work in an analogous way for example by the REACH CLP Helpdesk of Germany (statement issued 31 March 2010, GZ: /04/ Page 11 of 14

12 This paper argues that this assumption of analogical working is unrealistic. In order to show the differences of ammunition and fireworks, the following table sets the two in comparison: Step / Question according to the ECHA Guidance Step 1: Define the function of the object. Question 4a: If the substance/mixture were to be removed or separated from the object and used independently from it, would the substance/mixture still be capable in principle (though perhaps without convenience or sophistication) of carrying out the function defined under step 1? Question 4b: Does the object act mainly (i.e. according to the function defined under step 1) as a container or carrier for release or controlled delivery of the substance/mixture or its reaction products? Fireworks (answers according to Appendix I ECHA Guidance, pages 38f) Explode, make light effects Yes, if the chemicals were removed, they could still explode and make light effects. Yes, the function is to bring the substances or their reaction products into the air, thus to deliver them. Ammunition Propel a projectile at speed on a defined trajectory to a target by using the sudden gas pressure development in the weapon No, while one may ignite the propellant also outside of the casing with the result of a chemical reaction, the combustion does not result in a pressure rise (because that would need some kind of encasing). Therefore, the propellant alone cannot propel a projectile at speed on a defined trajectory. No, ammunition does not act mainly as a container or carrier for the release or controlled delivery of the propellant nor of its reaction products since the propellant is aimed to entirely combust and the incidental release of its reaction products is neither controlled nor necessary for the function of ammunition / for propelling the projectile on a defined trajectory. Page 12 of 14

13 Question 4c: Is the substance/mixture consumed (i.e. used up e.g. due to a chemical or physical modification) or eliminated (i.e. released from the object) during the use phase of the object, thereby rendering the object useless and leading to the end of its service life? Classification result Yes, the explosive substances react and are separated from the container during use. Any containers or container parts remaining are disposed of separately. 3x Yes Combination of an article (functioning as a container or carrier material) and a substance Yes, the propellant is entirely consumed due to a chemical reaction. After use, the remaining cartridge casing is disposed without the propellant. 2x No, 1x Yes Article where the substance/mixture forms an integral part of the article The comparison of fireworks and ammunition shows that their function and operating mode is not analogous. Accordingly, the classification result is different: while fireworks are a combination of an article and a substance, ammunition is classified as article. Page 13 of 14

14 Conclusion The producers of ammunition for defence, civil (hunting and sports) and administrative applications are aware of their duties and obligations that arise out of the Regulation on chemicals EU/1907/2006 (REACH) and have taken according resource and organizational consequences in order to act in conformity with REACH. Ammunition comprises a propellant substance that is meant to cause a gas pressure rise during combustion. This propellant is an integral part of the ammunition cartridge and remains in the ammunition until the end of its chemical reaction. When applying the steps 1 to 5 provided in the ECHA Guidance on requirements for substances in articles (version of April 2011), the assessment comes to the result that most common ammunition would be classified as an article with the propellant forming an integral part. The propellant is neither released during the use phase of the ammunition, nor are the reaction products of the chemical reaction delivered or released in a controlled manner. Therefore, the cartridge casing does not function as a container or carrier material to the propellant and there is no obligation to register the substances in the propellant according to REACH. There are some specialised ammunition types that intentionally release a substance/mixture during use (e.g. exercise ammunition using a colourant to mark a target). For those, the classification as combination of an article (the casing, functioning as container for the colourant) and a substance/mixture can indeed be indicated. However, this classification result is not linked to the propellant, but only to the type of charge comprised in the projectile. In other words: it is not the propellant that is decisive for the classification of ammunition; and even ammunition that is classified as combination of an article and a substance is never a container to the propellant. The comparison of fireworks and ammunition shows that their function and operating mode is not analogous. Accordingly, the classification result is different: while fireworks are a combination of an article and a substance, ammunition is classified as article. Page 14 of 14