On the 22nd December 2023, the Commission issued a mandate to ECHA on preparing an investigation report to gather information on all flame retardants, with a focus on aromatic brominated ones. The report should support the Commission in a decision of whether a mandate to ECHA for the preparation of a restriction dossier is required and if so, what the scope would be. Currently no restrictions are planned and only data is being collected.
On the 18th December 2024, ECHA delivered its ‘INVESTIGATION REPORT ON AROMATIC BROMINATED FLAME RETARDANTS’.
BSEF initial findings and statements on the report are as follows;
- BSEF notes that this report is a recommendation only and any decision on how to proceed now lies with the European Commission
- The report acknowledges the necessity for Brominated Flame Retardants in providing a high and important level of fire safety.
- Modern generation of ABFRs are thoroughly researched to ensure they are safe for human health and the environment. They meet strict legal requirements and certification schemes (flammability and product standards) and are safe for users and workers. In the EU, only products that have demonstrated safe use are allowed under chemical legislation. The chemical substances which BSEF member companies manufacture or import one tonne or more per year in the EEA, are registered under REACH.
- ECHA recognize the potential & need to avoid regrettable substitution, and the challenge to substitute ABFRs with other FRs.
- Any possible restriction is unlikely to be effective before 2029 plus potential transitional periods.
- BSEF remains committed to sharing information and data with ECHA and working closely with the European Commission as they assess a way forward.
Next steps
The Commission are likely to decide in Q1 2025 on a possible mandate for restriction of the use BFRs in plastics and other materials.
*BSEF organised a webinar on the 22nd of February 2024 and made it clear why downstream users and industry associations should participate, and ECHA offered Practical advice for respondents.
The recording of the webinar is available here on YouTube.
Background
On 15 March 2023 the European Chemicals Agency (ECHA) published its Regulatory Strategy For Flame Retardants (“Flame Retardant Strategy”). ECHA’s proposed this high-level strategy as a first step towards regulating all substances used as flame retardants given their wide use in consumer goods. The strategy outlines a vision for how regulating flame retardants could be expanded and accelerated in the EU however it’s important to note envisaged actions may change in scope before any restriction is adopted.
BSEF is supportive of ECHA’s efforts to assess chemicals more efficiently and their intention to avoid regrettable substitution. The FR strategy is an unprecedented opportunity to do so by addressing all Flame Retardants broadly and coherently. To deliver on ECHA’s efforts, the strategy must adopt a science-based and comprehensive approach towards all Flame Retardants. BSEF underlines the importance flame retardants for preventing fire risks and confirm that each substance currently placed on the market can be used safely throughout the entire value chain in their intended uses as required per REACH regulation.
The Flame Retardant Strategy has no immediate legal consequences, only outlines possible regulatory options and needs to be based on a robust, extensive and scientific assessment. Any actions identified will still require the initiation of REACH restriction process itself, which is an extensive and complex process. This process will have to take into account detailed assessment of the specific uses of flame retardants, also risk and exposure assessment, availability of alternative for the use, impact of the restriction on the society and impact on fire safety (compliance with flammability standards), and availability of goods and impacts on strategic supply chains. Furthermore, the strategy does not consider ongoing substance evaluations (SEv) where companies are providing much deeper scientific data and the outcomes are still pending.
Despite the short and challenging time frame, BSEF provided constructive input throughout 2024, including to the two ECHA ‘Calls for Evidence’. An initial qualitative socio-economic study highlighted that impacts on society from a possible restriction of aromatic brominated FRs are likely to be significant and affect a wide range of products/sectors (e.g. compromising fire safety, potential for regrettable substitution, and a restriction could reduce availability of recycled material). In this respect, more information on why BFRs are essential is available in our factsheet here.
ECHA’s first Call for Evidence on aromatic brominated flame retardants closed on the 5th April 2024*. A second call for evidence – with a focus on alternatives – closed on the 28th June 2024.
Please see the latest BSEF statement, and position papers on the flame retardant strategy and grouping
