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EU Directives on waste electrical and electronic
equipment (WEEE) and on the restriction of the use of certain hazardous
substances in electrical and electronic equipment (RoHS)
What
is the WEEE Directive ?
The Directive on Waste Electrical and Electronic
Equipment (WEEE) of 27 January 2003 aims to increase the recycling
and recovery of WEEE through mechanical recycling, feedstock recycling
and energy recovery. The Directive will require separation of most
of E&E Equipment from unsorted waste in Europe. This E&E
waste will then be collected, recycled and re-used under the financial
responsibility of manufacturers.
What
is the impact of the WEEE Directive for BFRs?
The Directive on WEEE will require the separation
of plastics containing brominated flame retardants (BFRs) prior
to recycling, energy recovery or disposal. In practice, in many
EU countries separation of all flame-retardant plastics will be
required for WEEE. For example, this is already a legislative requirement
in Denmark.
By 31 December 2006, the Directive requires to separate at least
4 kg of WEEE per inhabitant per year from usual waste stream. Out
of this collected WEEE, manufacturers of “IT & Telecommunication
equipment" (computers, fax, telephone, copiers, printer) and "consumer
equipment" (TV, radio) will have, by 31 December 2006, to:
- recover (i.e. recycling plus energy recovery)
a minimum of 75% by an average weight per appliance
- re-use and recycle component, material and
substance of a minimum 65% by an average weight per appliance
What are the benefits of
the WEEE Directive for BFRs ?
The Directive’s requirement to increase mechanical
recycling is an advantage for plastics containing BFRs as they offer
a high level of stability during the recycling process.
The separation requirement will in turn facilitate the recycling
and recovery of plastics containing BFRs for which there is a wide
range of tested recycling and recovery technologies.
When do the Recycling Requirements
for WEEE start in Europe ?
European Member States have to set up E&E
waste collection facilities by 13 August 2005. Individual Member
States are already starting to put their legislative frameworks
in place.
E&E manufacturers or recyclers acting on their behalf, will
have to reach recovery and recycling targets of the collected E&E
waste (see above) by 31 December 2006. This requires action now
in order to ensure that future WEEE meets the new requirements for
recyclability and recoverability in time with the 2006 deadline.
What
is the RoHS Directive ?
This European Directive of 27 January 2003 aims
to phase-out the use of some substances deemed to be hazardous in
the electrical and electronic equipment.
Which
BFRs will be banned in the RoHS Directive ?
The EU Directive to restrict hazardous substances
from E&E (RoHS), will only ban PBB, Penta-BDE, and Octa-BDE
out of the 75 brominated flame retardants, from the production of
new E&E equipment from 1st July 2006. However, it should be
noted that Penta-BDE and Octa-BDE have already been banned within
the EU by the Marketing and Use Directive 76/769/EEC, 24th Ammendment,
as of August 2004.
Another flame retardant, deca-BDE, is included within the same EU
proposal, but benefits from a derogation from a restriction, depending
on the finalisation of the EU scientific risk assessment.
On May 2004 the EU Competent Authorities decided to close the risk
assessment with any restrictions in the use of Deca-BDE.
On the basis of both the closure of the EU risk
assessment and on the stakeholder consultation it is expected that
the status of Deca-BDE under the RoHS Directive will be clarified
before the end of 2004.
Are other BFRs going to be banned
in E&E in Europe ?
No. In fact the RoHS Directive gives producers
a clear guarantee that no individual EU Member State will be able
to introduce separate bans or restrictions on any other substance
than those specified in the RoHS Directive.
A review of the RoHS Directive to potentially integrate new substances
to be phased-out will only take place from 2005. This review will
of course look at all substances of concern. As part of such process
the European Commission published recently a stakeholder consultation
aiming at getting scientific & market inputs from interested
parties concerning an exemption of Deca-BDE -among other items-
from the RoHS Directive. The consultation deadline is 5 July 2004.
EU
Directive amending for the 24th time Council Directive 76/769/EEC
relating to restrictions on the marketing and use of certain dangerous
substances and preparations
In 1976, the Directive 76/769/EEC was adopted to establish restrictions
on the marketing and use of certain dangerous substances and preparations
in the EU. The substances listed in the Annex can be either restricted
in some applications or banned from the EU market, depending on
the conditions specified.
This Directive has been amended several times in order to extend
its scope of application to other substances.
The twenty fourth amendment of 6 February 2003 prohibits the use
of the brominated flame retardants Penta-BDE and Octa-BDE in all
applications for the EU Market from 15 August 2004.
EU Directive limiting the use of Penta-BDE and Octa-BDE
EBFRIP press release
EU
Directive establishing the list of priority substances in the field
of water policy
In May 2001, a Directive identified a priority list of 33 substances
in the field of Water Policy. Out of the 33 substances some will
be monitored or reviewed for identification as potentially hazardous
substances, while others were identified as hazardous substances
to be phased out in 20 years. Octa-BDE & Deca-BDE are listed
among the substances to be monitored, while Penta-BDE is the only
BFR listed as a hazardous substance.
EU Directive listing the priority substances in water
EBFRIP press release
EU
Directive amending for the 4th time Council Directive 76/769/EEC
relating to restrictions on the marketing and use of certain dangerous
substances and preparations
In
1976, the Directive 76/769/EEC was adopted to establish restrictions
on the marketing and use of certain dangerous substances and preparations
in the EU. The substances listed in the Annex can be either restricted
in some applications or banned from the EU market, depending on
the conditions specified.
This Directive has been amended several times in order to extend
its scope of application to other substances.
The fourth amendment of 27 July 1976 prohibited the use of PBB in
textile applications only, since November 1984.
4th amendment to the marketing and use Directive 76/769/EEC
OVERVIEW
RISK ASSESSMENT PROCEDURE
The EU Risk Assessment
(“Council
Regulation [EEC] 793/93 of 23 March 1993”) is recognised
as being a leading independent, transparent and science-based system
capable for assessing chemicals and substances in everyday use.
It represents the most comprehensive assessment of these substances’
environment and health impact throughout their whole life-cycle.
Scope
The scope of the risk assessment covers emissions and consequent
environmental impact and human exposures at each stage of the life-cycle
of a chemical, from production, through processing, formulation
and use, to recycling and disposal.
As
regards protection goals for the environment, these include the
atmosphere, the aquatic and marine environment, mammals and birds,
soil organisms etc.
Exposure of humans from all relevant sources is considered, including
exposure from consumer products through air, food, and drinking
water and exposure at the workplace. Each exposure scenario is assessed
individually, and where appropriate, an overall combined exposure
is also estimated.
Which are
the flame retardants under risk assessment?
Deca-BDE
1. Overall information & status
In
May 2004 the EU Competent Authorities officially closed the scientific
assessment of the decabromodiphenyl ether (DecaBDE) without any
restrictions due to the lack of risks identified for the use of
this substance. This chemical is used as a flame retardant in textile
backcoating in furniture in some EU countries such as Ireland and
the UK to comply with more stringent fire safety requirements than
exist elsewhere in Europe, and in the housings of computers as well
as in other electrical and electronic applications.
Although
not being classified in the EU as a dangerous substance, in 1994
the European Commission Regulation 1179/94 listed DecaBDE in the
Priority List 1 and designated the UK government as the Member State
rapporteur for the environmental assessment and the French government
for the human health aspect.
After
10 years of scientific research, both the environment and human
risk assessment reports concluded that there is no significant risk
on these areas. On that basis, the EU Competent Authorities agreed
on 26 May 2004 to finalise the risk assessment with any restrictions
in the use of Deca-BDE. In upcoming months industry will develop,
with the French authorities, an independent biomonitoring program
and, in relation to this program, a neurotoxicity study since a
previous study had been declared invalid for risk assessment purposes.
The EU Competent Authorities also agreed during the same meeting
that issues relating to the environmental findings of Deca-BDE in
Europe should be addressed by the initiation of a voluntary industry
monitoring programme. This will be complemented by a further voluntary
programme of industrial emissions control in partnership with Deca-BDE
user industries in Europe.
The first set of Codes
of Practices for the use of Deca-BDE by both the plastics and the
textiles industry were developed in the United Kingdom in May 2004. In the
course of upcoming months similar Codes of Practices will be developed,
in cooperation with user industries, in other EU Member States such
as Belgium, France, Italy, Germany etc.
The
monitoring and emissions control programmes will provide an unprecedented
level of environmental & health protection for a chemical whose
comprehensive risk assessment has not identified a risk. It is planned
that the programmes will deliver reports to EU chemical policy regulators
every 2 years, thus enabling a close monitoring of the environmental
trends for Deca-BDE. The details of these programmes will also involve
close consultation with EU Member State technical experts.
A
consolidated risk assessment text is expected to be published in
the summer of 2004 by the European Chemicals Bureau
DecaBDE
is the flame retardant with the most scientific data proving its
compatibility in terms of human health, low and manageable risks
for the environment and its tremendous contribution to society in
terms of fire safety.
Please click here for more information on the regulations
referring to DecaBDE
2.
Relevant documents
- Risk
Assessment report (to be published soon)
- UK Code of Practice for the use of Deca-BDE in
plastics
- UK Code of Practice for the use of Deca-BDE in
textiles
- UK Parliamentary question on finalisation Deca-BDE EU
Risk Assessment
OctaBDE
Overall
information and status
Relevant
documents
1.
Overall information & Status
The EU finalized
the risk assessment of octabromodiphenyl ether (OctaBDE) in 2002.
This chemical is mainly used as a flame retardant in plastics for
electrical and electronic equipment and in comparison to DecaBDE,
is very much a minor flame retardant.
Although
not being classified in the EU as a dangerous substance, in 1994
the European Commission Regulation 1179/94 listed OctaBDE in the
Priority List 1 and designated the UK government as the Member State
rapporteur for the environmental assessment and the French government
for the human health aspect.
The
risk assessment identified no risks to the aquatic, terrestrial
or atmospheric environments. The environment risk assessment stated
also a need for further information and/or testing on the potential
risks of secondary poisoning and of degradation. As regards human
health, the risk assessment concluded that there is no risk through
direct exposure to OctaBDE in consumer products. The human health
risk assessment requested nevertheless further information and/or
testing regarding concerns about impacts of repeated worker dermal
and inhalation exposure and about indirect exposure via the environment.
The
Risk Assessment of OctaBDE indicated to Member States to consider
risk reduction measures as it considered that there was a high level
of uncertainty associated to the potential risks identified in comparison
to the level of information available at that stage. The Member
States decision was formalised by the publication of a EU Commission
Recommendation on the results of the OctaBDE risk assessment and
in view of the Risk Reduction Strategy presented by the United Kingdom.
The Commission Recommendation requested marketing and use restrictions
for OctaBDE [Link to Regulatory section for OctaBDE].
Please click here for more information on the regulations
referring to PentaBDE as the conclusions presented above become
irrelevant with the EU ban on PentaBDE
2.
Relevant documents
- Risk
Assessment Report, July 2002
- CSTEE
opinion OctaBDE Risk Assessment, October 2002
- Risk Reduction Strategy, Final
Report June 2002
- European Commission Recommendation on the OctaBDE RRS,
September 2002
PentaBDE
Overall
information and status procedure
Relevant
documents
1.
Overall information & status procedure
The
EU finalized the risk assessment of diphenyl ether, pentabromo derivative
(PentaBDE) in 2000.
In 2000, the European
Commission Regulation 2268/95 listed PentaBDE in the Priority List
2 and designated the United Kingdom government as the Member State
rapporteur for the risk assessment.
The
risk assessment identified no risks to the aquatic, terrestrial
or atmospheric environments. The environment risk assessment stated
also a need for further information and/or testing on the potential
risks of secondary poisoning resulting for biaccumulation. As regards
human health, the risk assessment concluded that there were no risks
through direct exposure to PentaBDE in consumer products. The human
health risk assessment requested nevertheless further information
and/or testing regarding occupational exposure and potential presence
of traces of this substance in human breast milk.
The
uncertainties arising from the conclusions of the risk assessment,
in particular concerning the bioaccumulative nature of PentaBDE
and its potential risk for children through breast milk decided
Member States to implement a Risk Reduction Strategy for PentaBDE
which was followed by a European Commission Recommendation requesting
marketing and use restrictions.
Please click here for more information on the regulations
referring to PentaBDE as the conclusions presented above become
irrelevant with the EU ban on PentaBDE
2.
Relevant documents
- PentaBDE Risk Assessment Report, August 2000
-
CSTEE
Opinion on Environmental part, February 2000
- CSTEE
Opinion on Health part, June 2000
- PentaBDE Risk Reduction
Report
- European
Commission Recommendation on the PentaBDE RRS, March 2001
HBCD
1.
Overall information & Status procedure
The
EU has recently started the scientific assessment of the Hexabromocyclododecane
(HBCD). This chemical is mainly used to in Expanded and Extruded
Polystyrene (EPS and XPS) for thermal insulation foams, in building
and construction. HBCD is also applied in the backcoating of textiles,
mainly for upholstery furniture.
Although
not being classified in the EU as a dangerous substance, in 2000
the European Commission Regulation 2268/95 listed HBCD in the Priority
List 2 and designated the Swedish government as the Member State
rapporteur for the risk assessment.
The rapporteur
is expected to issue a draft Risk Assessment Report during July
2003 with the intention of adopting the final report before the
end of the year.
Please
click here for more information on the regulations referring to
HBCD
TBBPA
Overall
information and status procedure
Relevant
documents
1.
Overall information & status procedure
The EU has
recently started the scientific assessment of the Tetrabromobisphenol
A (TBBPA). This chemical is mainly used to improve fire safety of
a large number of different sorts of plastics.
Although
not being classified in the EU as a dangerous substance, in 2000
the European Commission Regulation 2364/2000 listed TBBPA in the
Priority List 4 and designated the UK government as the Member State
rapporteur for the risk assessment.
The adoption
of the Risk Assessment Report on TBBPA is expected during 2004.
Please click here for more information
on the regulations referring to TBBPA
LEGISLATION
- REGULATORY OVERVIEW IN EUROPE
National policies on BFRs
Brominated
Flame Retardants (BFRs) are chemical substances which are subject
to EU legislation implemented at national level. No specific restrictions
exist in individual Member States that would discriminate the treatment
of BFRs in one Member State versus another Member State. However,
some countries have attempted to initiate national restrictions
which have been condemned as unlawful by the European Commission.
For example, infringement procedures were issued by the European
Commission against The Netherlands in 2002 and Denmark in 2003.
In the case of the Netherlands this has successfully led to an unlawful
ban of one BFRR being reversed. Below we summarise the status of
the sometimes conflicting national policies on BFRs.
The
Netherlands
Sweden
Norway
Denmark
Finland
The
Netherlands
Summary:
Reversed Dutch National law restricting production, use and import
of BDBPT in the Netherlands between 5 March 2002 and 3 March 2003
On
5 March 2003, the Dutch Environment Ministry lifted a temporary
ban imposed for a year on a brominated flame retardant chemical
named Brominated dibromopropyl ether of Tetrabromobisphenol A (BDBPT),
also called by various commercial trade names, including FR 720,
HP 8OO, PE 68, FC121K and FG3100 and is identified by the CAS number
21850-44-2.
BSEF
welcomed the lift of this temporary ban on BDBPT in the Netherlands
as it proved unjustified and lacked scientific evidence. The product
is not found in the environment and an initial risk assessment on
acute toxicity in January 2002 commissioned by the industry for
the Dutch Government showed the substance was of no concern.
BDBPT
is used in applications ranging from waste water pipes to kitchen
hoods in Europe and in a wide range of electronic equipment worldwide.
Dutch
National Regulation banning from 5 March 2002 to 3 March 2003 BDBPT
from the Dutch Market
Article
in the Dutch Official Journal “Staats Courant” on the
lift of the ban on BDBPT on 3 March 2003
Dutch
Environment Ministry press release informing on the ban lift
BSEF Press release
Sweden
Summary:
Chemical Inspectorate (KemI) report concludes that a national ban
on BFRs would not be justified. KemI therefore recommends that Sweden
actively supports measures taken by the EU and refrains from separate
national measures against BFRs.
In March 2002, the independent Swedish environmental
consultancy Orango
Miljökonsulter in its report “Brominated Flame Retardants
– a Global Status Report” has pointed out that "Bromine
in itself is not an environmental toxin - in fact, it is used in
everyday products such as cough medicine". The same report
concluded that "there is little basis, from an environmental
perspective, to prohibit the use of all halogenated (including brominated)
flame retardants".
On June
6th, 2002, the Swedish Government asked the Chemicals Inspectorate
(KemI) to analyse the conditions for a national ban on brominated
flame retardants. KemI presented its report on 20 December 2002.
The report draws the following conclusions:
·
KemI has not been able to find reasons that would permit to draw
conclusions on all (BFR) substances on the basis of the information
that is available on a few of them and that evaluations can not
be based on chemically similar structures since these are relatively
different from each other.
· KemI recommends, that Sweden should not recourse to separate
national actions but should actively take part in and support the
EU chemicals policy in this respect.
· In conclusion, KemI estimates that it is not likely that
a national ban on all BFRs would be accepted by the European Commission
and other Member States.
BSEF welcomes this report
and will continue its dialogue with key stakeholders in Sweden.
(EBFRIP
Pressrelease to KemI Appointment, 7 June 2002)
Norway
Summary:
While Norwegian Pollution Control Agency (SFT) maintains pressure
on BFRs, Norwegian chemicals policy is moving to be compatible with
EU Single Market policies on BFRs.
In
its action plan for the reduction of brominated flame retardants,
published on 09 January 2003, the Statens Forurensningstilsyn (SFT),
the Norway Pollution Control Authority, stated its objective to
reduce emissions of BFRs by 2010. SFT also published further data
on BFRs on 20 March 2003. (SFT:
Brominated flame retardants: Summary of the material flow analysis,
20 March 2003)
For further information please see BSEF
Product Stewardship
While no risk is to
be expected from the levels found in view of the low ecotoxicity
of these substances, the findings will need to be verified and assessed
in the context of other recent studies conducted by the EU Risk
Assessment. For
BSEF response to the SFT please click here. For further information
please see EU Risk Assessment Section.
Norway
is not a member of the European Union (EU), but only of the European
Economic Area (EEA). Despite this fact, BSEF understands further
to its meetings with key stakeholders that the Norwegian Governments
holds the intention to assure that its chemical policy is moving
to be compatible with EU Single Market policies.
BSEF
welcomes this intention and will seek further dialogue with relevant
stakeholders in Norway.
Denmark
Summary:
Danish Environment Protection Agency issued action plan in 2001
followed by a campaign against BFRs. The latter is presently being
challenged by the European Commission. However, there is no Danish
intention for a national ban and a commitment to follow EU policy.
In March 2001, the Danish Environment Protection Agency (EPA) has
published an Action
Plan for Brominated Flame Retardants. The report concludes that
a ban of all BFRs is seen as appropriate in order to achieve the
Danish objective to reduce findings of BFRs in the environment,.
While BSEF agrees with the underlying objective, BSEF disagrees
with its conclusions and calls for a differentiated policy for each
BFR product taking into account their different characteristics
and properties.
Further
to this study Danish EPA has launched a campaign against BFRs in
autumn 2001. Following a complaint registered by the European Brominated
Flame Retardant Industry Panel (EBFRIP), the European Commission
has issued an infringement procedure against Denmark in April 2003.
The Commission’s criticises that the campaign constitutes
a unjustified measure equivalent to a quantitative restriction in
terms of Article 28 of the EC Treaty and that it cannot be justified
on the basis of Article 30 of the EC Treaty or on the jurisprudence
of the ECJ.
BSEF has met with key Danish stakeholders. In the meetings it was
confirmed, that Denmark will base its position on BFRs on EU policy
debate moving ahead and will not introduce or propose individual
national policies. BSEF will seek continued dialogue with relevant
stakeholders in Denmark.
Finland
Summary:
With a high awareness on fire safety, the Finnish Government has
taken the position that its chemical policy with regard to BFRs
should reflect EU policies.
In Finland, there is a greater awareness for fire safety among political
decision makers and the broader public than in other Nordic countries.
This is evidenced by Finnish work on fire safety and Finnish government’s
position on the Deca Risk Assessment currently conducted by the
European Union. Further to its meetings with key Finnish officials,
BSEF understands that the Finnish Government will reflect EU chemical
policy decisions.
When
meeting with key political stakeholders in Finland, BSEF also welcomed
the fact that Finnish policy towards chemicals is based on scientific
evidence.
BSEF is in continuous
dialogue with relevant stakeholders in Finland.
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