On  May 4, 2016, EU notified World Trade organisation (WTO) of Circular G/TBT/N/EU/375 to publish a Draft Commission Regulation amending Annex XVII to Regulation (EC) No 1907/2006 (REACH) as regards bis (pentabromophenyl) ether. This notified draft relates to a new entry in Annex XVII to Regulation (EC) No 1907/2006.

It intends to restrict the manufacturing and placing on the market of Bis (pentabromophenyl) ether (DecaBDE) as a substance on its own and the use and placing on the market of DecaBDE as a constituent of other substances, in mixtures, or in articles or any part thereof, in a concentration equal to or greater than 0,1% by weight.

Exemptions:

※ for the production and placing on the market of aircraft;

※ for the production and placing on the market of spare parts for aircraft, motorvehicles within the scope of Directive 2007/46/EC,

※ agricultural and forestry vehicles within the scope of Regulation (EU) No 167/2013 and machinery within the scope of Directive 2006/42/EC;

※ articles placed on the market for the first time before the date of application of the Regulation; and electrical and electronic equipment within the scope of Directive 2011/65/EC.

Application of the restriction is deferred for 18 months to allow industry sufficient time to adapt and achieve compliance.

DecaBDE is widely used as a flame retardant in particular in textiles and plastics.

Proposed date of adoption:

Second half of 2016.

Proposed date of entry into force:

20 days from publication in the Official Journal of the EU (the restriction will begin to apply 18 months after the date of entry into force).