The use of DecaBDE in polymeric applications, exempted by the European Commission in directive 2005/717/EC, will be prohibited again in EEE products by 30 June 2008. The exemption from the general requirements of directive 2002/95/EC was annulled by the European Court of Justice by its final judgment of 1 April 2008. The law case was initiated by the European Parliament due to its understanding that the European Commission committed a formal defect during the exemption process. The EC overstepped its authority which allows exempting specific uses of substances if no suitable replacements exist. Instead the DecaBDE exemption was based on a chemical/environmental risk-assessment study.
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