Danish legal action against European Commission over RoHS exemption of Deca-BDE lacks scientific foundation
Thursday 05 January 2006
On 2 January 2006, the Danish government announced its intention to take the EuropeanCommission to court over its Decision1 to exempt the brominated flame retardant Deca-BDE2 from the provisions of the EU Directive on the Restriction of certain HazardousSubstances in electrical and electronic equipment (RoHS)3. The Danish governmentannouncement is surprising in that it contradicts EU science and, contrary to the principlesof EU chemicals policy (REACH), seeks to reward the use of alternative chemicals lesstested than Deca-BDE. Moreover, the Danish action is completely unfounded procedurallysince the Commissions Decision to exempt Deca-BDE complied fully with the proceduresestablished by the RoHS for adopting exemptions4.
The RoHS Directive, which dates from 2002, specifically made provision for Deca-BDE?spotential exemption ?as a matter of priority in order to take account of an EU riskassessment. In 2004, the EU risk assessment was completed following 10 years ofsystematic testing with a conclusion that Deca-BDE does not pose health or environmentalrisks nor does it require additional risk reduction measures.
The Danish government bases its plea against the Commission on the grounds thatalternatives to Deca-BDE exist. While industry has consistently made clear that alternativechemicals to Deca-BDE do exist, the Commission rightly concluded that that there is noreason to substitute since the EU Risk Assessment on Deca-BDE identified no risks andtherefore no restrictions on the product were required. In addition, any identifiedalternatives have not been subject to anywhere near the human health and environmentaltesting which Deca-BDE has undergone. Since the EU Risk Assessment is considered themost rigorous and comprehensive assessment of a chemical's human health andenvironmental characteristics?, commented Dr. Raymond Dawson, BSEF Chairman, ?tosuggest substitution of Deca-BDE with less understood flame retardants is not a responsibleapproach.
The Commission exemption of Deca-BDE is based on sound scientific and legaljustifications and in advance of any Court Decision, the Commission?s Decision remains thepoint of legal reference for those implementing the RoHS Directive.
1 Commission Decision of 15 October 2005 exempting Deca-BDE from the RoHS Directive:http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2005/l_271/l_27120051015en00480050.pdf
2 Deca-BDE is a brominated flame retardant used to prevent ignition and slow the spread of fires in theplastic components of electrical and electronics equipment, as well as in the textiles and transportationindustries.
3 Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on therestriction of the use of certain hazardous substances in electrical and electronic equipment, OJ L37, page19, 13 February 2003.
4 Paragraph 10 of the Annex to the RoHS Directive states: Within the procedure referred to in Article7(2), the Commission shall evaluate the applications for: Deca-BDE, (?) as a matter of priority in orderto establish as soon as possible whether these items are to be amended accordingly.?Please download to view press release.
[Download]
The RoHS Directive, which dates from 2002, specifically made provision for Deca-BDE?spotential exemption ?as a matter of priority in order to take account of an EU riskassessment. In 2004, the EU risk assessment was completed following 10 years ofsystematic testing with a conclusion that Deca-BDE does not pose health or environmentalrisks nor does it require additional risk reduction measures.
The Danish government bases its plea against the Commission on the grounds thatalternatives to Deca-BDE exist. While industry has consistently made clear that alternativechemicals to Deca-BDE do exist, the Commission rightly concluded that that there is noreason to substitute since the EU Risk Assessment on Deca-BDE identified no risks andtherefore no restrictions on the product were required. In addition, any identifiedalternatives have not been subject to anywhere near the human health and environmentaltesting which Deca-BDE has undergone. Since the EU Risk Assessment is considered themost rigorous and comprehensive assessment of a chemical's human health andenvironmental characteristics?, commented Dr. Raymond Dawson, BSEF Chairman, ?tosuggest substitution of Deca-BDE with less understood flame retardants is not a responsibleapproach.
The Commission exemption of Deca-BDE is based on sound scientific and legaljustifications and in advance of any Court Decision, the Commission?s Decision remains thepoint of legal reference for those implementing the RoHS Directive.
1 Commission Decision of 15 October 2005 exempting Deca-BDE from the RoHS Directive:http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2005/l_271/l_27120051015en00480050.pdf
2 Deca-BDE is a brominated flame retardant used to prevent ignition and slow the spread of fires in theplastic components of electrical and electronics equipment, as well as in the textiles and transportationindustries.
3 Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on therestriction of the use of certain hazardous substances in electrical and electronic equipment, OJ L37, page19, 13 February 2003.
4 Paragraph 10 of the Annex to the RoHS Directive states: Within the procedure referred to in Article7(2), the Commission shall evaluate the applications for: Deca-BDE, (?) as a matter of priority in orderto establish as soon as possible whether these items are to be amended accordingly.?Please download to view press release.
