European Commission, UK and France block Swedish attempt to ban Deca-BDE

2 March 2006

The European Commission and the UK government have submitted ‘Detailed Opinions’ against the government of Sweden’s attempt to adopt a partial ban on the flame retardant Deca-BDE (excluding automotive and electrical & electronics applications). France has also issued ‘Comments’ supporting these ‘Opinions’. The UK and France are the lead EU Member States which carried out a ten-year EU risk assessment on Deca-BDE. According to EBFRIP (European Brominated Flame Retardant Industry Panel), this comprehensive risk assessment concluded in 2004 that there was no need for further risk reduction measures for this brominated flame retardant for all uses, including those targeted by the Swedish proposal.

EBFRIP continues that the proposed Swedish restrictions on Deca-BDE contradict the conclusions of the EU risk assessment and would undermine agreed monitoring and emission reduction programmes. The Swedish proposal would also place an unjustified barrier on the free movement of goods within the European single market. Furthermore, in proposing such an action, Sweden seriously undermines the credibility of the new EU Chemicals Legislation, REACH, which bases chemicals regulatory policy firmly on scientific testing.

According to EBFRIP, the Commission and Member State Detailed Opinions obligate Sweden to take the opposing position into account. After a period of three months, Sweden will have either to abandon the proposed legislation, amend it or risk the European Commission launching European Court proceedings.