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SAFEGUARDS | Consumer Products NO. 098/16

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The EU is proposing to restrict decabromodiphenyl ether (Deca-BDE) in a variety of products as a new entry under Annex XVII of REACH. The proposed effective date is 18 months after date of entry into force.

On May 4, 2016, the World Trade Organisation (WTO) circulated a notification announcing a draft regulation from the European Union (EU) to prohibit the placing of Deca-BDE (CAS No. 1163-19-5) on the market as a substance and restricting the use of Deca-BDE to no more than 0.1% in articles and mixtures, including consumer products. The draft regulation, attached to WTO document 16-2502 [1], would create a new entry under Annex XVII of REACH.

The proposed regulation has a number of exemptions, including but not limited to the use of Deca-BDE as a substance, a constituent of substance or mixture in the manufacture of:

  • Articles that were manufactured before the effective date of the regulation
  • Electrical and electronic equipment within the scope of Directive 2011/65/EC
  • Spare parts for motor vehicles falling under Directive 2007/46/EC,
  • Agricultural and forestry vehicles within the scope of Regulation (EU) 167/2013 or
  • Machinery within the scope of Directive 2006/42/EC

According to the notification, the regulation is proposed to be adopted in the second half of 2016. The proposed effective date is 18 months after the date of entry into force. This is anticipated to be sometime from early 2018.

Deca-BDE is widely used as an additive flame retardant in articles containing plastic and textile materials.  It also has applications in adhesives, coatings, inks and sealants.

Highlights of the proposal to regulate Deca-BDE in consumer products under new entry 66 of Annex XVII of REACH are summarised in Table 1.

Table 1

Substance Scope Requirement Proposed Effective date
Deca-BDE Substance Prohibited

From early 2018

(18 months after date of entry into force)

  • Constituent of substance
  • Mixture
  • Article or any part thereof
≤ 0.1%

Exemption (non-exhaustive)

  • Articles placed on the market before the effective date of this Regulation
  • Electrical and electronic equipment falling under Directive 2011/65/EU (Rohs Recast)

SGS will follow up and inform interested parties as developments on REACH regulation occur. Our expertise combined with consultancy services and experience in consumer product supply chains provides a central point of contact for global solutions. If you would like to learn more about how SGS can support your REACH compliance activities please visit www.sgs.com/reach.

For enquiries, please contact:

Hing Wo Tsang
Global
Hardlines
t: +852 2774 7420

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