Proposal for decaBDE ban under REACH Annex XVII

On 4 May 2016, the European Commission added restriction of bis(pentabromophenyl)ether (decaBDE) under Annex XVII to REACH Regulation by submitting Circular No. G/TBT/N/EU/375 to World Trade Organisation (WTO): decaBDE shall not be used in the production of, or placed on the market in another substance as a constituent, a mixture, an article or any part thereof in a concentration equal to or greater than 0,1% by weight.

Bis(pentabromophenyl)ether ('decaBDE') is widely used as an additive flame retardant with applications in many different sectors, in particular in plastic and textile articles but also in adhesives, sealants, coatings and inks.

On 29 November 2012, the Member State Committee, referred to in Article 76(1)(e) of Regulation (EC) No 1907/2006, identified decaBDE as a persistent, bioaccumulative and toxic substance ('PBT') and a very persistent and very bioaccumulative ('vPvB') substance in accordance with points (d) and (e) respectively of Article 57 of Regulation (EC) No 1907/2006. On 19 December 2012 the substance was included in the Candidate List of Substances of Very High Concern ('SVHC') for possible inclusion in Annex XIV to REACH.

In Annex XVII to Regulation (EC) No 1907/2006, the following entry is added:

“ 66. Bis(pentabromophenyl)ether (decabromodiphenyl ether; decaBDE) CAS No 1163-19-5 EC No 214-604-9

1. Shall not be manufactured or placed on the market as a substance on its own after [date - eighteen months after the entry into force of this Regulation]. 2. Shall not be used in the production of, or placed on the market in: (a) another substance, as a constituent; (b) a mixture; (c) an article, or any part thereof, in a concentration equal to or greater than 0,1 % by weight, after [date - eighteen months after the entry into force of this Regulation]. 3. Paragraphs 1 and 2 shall not apply to a substance, constituent of another substance or mixture that is to be used, or is used: (a) in the production of an aircraft before [date – 10 years after entry into force of this Regulation], (b) in the production of spare parts for either of the following: (i) an aircraft produced before [date – 10 years after entry into force of this Regulation], (ii) motor vehicles within the scope of Directive 2007/46/EC, agricultural and forestry vehicles within the scope of Regulation (EU) No 167/2013 of the European Parliament and of the Council(*) or machinery within the scope of Directive 2006/42/EC of the European Parliament and of the Council(**), produced before(date - 18 months after the entry into force of this Regulation). 4. Sub-paragraph 2(c) shall not apply to any of the following: (a) articles placed on the market before [date - eighteen months after the entry into force of this Regulation]; (b) aircraft produced in accordance with sub-paragraph 3(a); (c) spare parts of aircraft, vehicles or machines produced in accordance with sub-paragraph 3(b); (d) electrical and electronic equipment within the scope of Directive 2011/65/EU of the European Parliament and of the Council . 5. For the purposes of this entry ‘aircraft’ means one of the following: (a) a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) No 216/2008 of the European Parliament and of the Council (***) or with a design approval issued under the national regulations of a contracting State of the International Civil Aviation Organisation (ICAO), or for which a certificate of airworthiness has been issued by an ICAO contracting State under Annex 8 to the Convention on International Civil Aviation, (b) a military aircraft.”

The circular is expected to be approved in the second half of 2016 and the Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. The restriction provision shall officially apply 18 months since the effectiveness of the provision, which allow for adequate time for businesses to adapt to the new requirements. C&K Testing continues to keep an eye on the dynamics to share the latest news with you.