EU Consultation on Amendment to REACH Regulation with Regard to Restriction of DecaBDE

by Sandra Tiah

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The European Commission launched a consultation on May 4, 2016, on a draft Regulation proposing a restriction on the manufacturing and placing on the market of the flame retardant, bis(pentabromophenyl)ether (decaBDE). The restriction refers to 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. This draft Regulation relates to a new entry in Annex XVII to Regulation (EC) No. 1907/2006 (REACH) and lays out exemptions for:

• The production and placing on the market of aircraft;
• The production and placing on the market of spare parts for aircraft and motor vehicles, 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 (RoHS).
  

The consultation period ended on July 3, 2016. The proposed date of adoption is during the second half of 2016. Industry would be afforded 18 months to facilitate compliance with the restriction.