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SAFEGUARDS | Consumer Products NO. 027/17

SafeGuardS 2 woman do experiment

The EU has recently implemented measures to regulate Deca-BDE as a completely new entry under Annex XVII of REACH. The new law will be implemented in phases starting March 2, 2019.

In May 2016, we [1] informed you that the World Trade Organization (WTO) circulated a notification announcing the EU’s proposal to regulate decabromodiphenyl ether (Deca-BDE), also known as bis(pentabromophenyl) ether, under Annex XVII of REACH. 

On February 10, 2017, the EU published Regulation (EU) 2017/227 [2] to prohibit and/or restrict Deca-BDE as a substance, constituent of substances, in mixtures and articles. This new law creates a completely new entry 67 to Annex XVII of REACH. Effective March 2, 2019, the entry bans the use of Deca-BDE as a substance and limits the content of Deca-BDE in articles to 0.1%.

The legislation has a number of exemptions, including but not limited to:

  • Articles placed on the market before March 2, 2019

  • Electrical and electronic equipment (EEE) falling under Rohs II (Directive 2011/65/EU [3])

  • Spare parts for vehicles (Directive 2007/46/EC [4]) or machineries (Directive 2006/42/EC [5]) that are manufactured before March 2, 2019

  • The manufacture of aircraft, or their spare parts, before March 2, 2027

Deca-BDE is widely used as a flame retardant in plastic and textile articles as well as in adhesives, coatings, inks and sealants. It has also been on the Candidate List of substances of very high concern (SVHCs) for authorisation since December 2012 [6].

The major highlights of the new law are summarized in Table 1.

Regulation (EU) 2017/227
Entry 67, Annex XVII of REACH
Substance Scope Requirement Effective date
Deca-BDE Substance on its own Prohibited March 2, 2019
  • Constituent of substances
  • Mixtures
  • Articles
≤ 0.1%

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:

Hingwo Tsang
Global Hardlines Information and Innovation Manager
t: +852 2774 7420

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