On the 10th February 2017 the European Journal published a revision to Regulation [(EC) No. 1907/2006] confirming that decaBDE shall not be manufactured or placed on the market as a substance on its own after 2nd March 2019.
In addition, it 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 2 March 2019.
DecaBDE’s primary use has been as a flame retardant, not only for textiles, but also for other products such as plastics and adhesives. Suppliers to the furniture industry have been phasing it out over recent years and have sought alternative solutions.
As with any Regulation nothing is simple and there are a number of qualified dispensations such as use in:
- the production of aircraft up to 2nd March 2027;
- the manufacture of spare parts for aircraft up to 2nd March 2027
- the manufacture of spare parts for certain vehicles and machinery up to 2nd March 2019;
- some electrical and electronic equipment (covered by their own Regulation).
The problem of dealing with waste appears to warrant further consideration as the Regulation states that ‘In the light of the remaining uncertainties with regard to the capacity of the recycling sector to ensure the management of waste containing decaBDE, the Commission considers that a longer deferral period than eighteen months is necessary.’
These decisions, based on the Commission’s opinion that Union-wide action is needed because decaBDE poses an unacceptable risk to human health and the environment, arose from recommendations within a detailed assessment carried out by the European Chemicals Agency in collaboration with Norway.
Full details of the Regulation is in the Official Journal of the European Union L35, Legislation, Volume 60 published on 10th February 2017, which can be searched for using the following link: