Presentation to IPC RoHS Meeting Veronique Steukers EBFRIP Chair Brussels, 18 June 2008

European Brominated Flame Retardant Industry Panel (EBFRIP) The members of EBFRIP are the world’s largest brominated, phosphorous and mineral flame retardant producers

In this presentation REACH & TBBPA/Deca RA VECAP & REACH The RoHS Directive Review Conclusion

REACH overview & TBBPA/Deca RA

REACH – Registration, Evaluation & Autorisation of CHemicals Entered into force on the 1st of June 2008: The most stringent chemical legislation in the world, agreed upon after intensive & long discussions. Resource intensive! Specific agency ECHA set up in Helsinki Member States are putting departments in place to get ready Industry is preparing to make REACH a success 30,000 substances expected to undergo registration As under the current Regulation 793/93, chemicals will be assessed for their environmental and health impact, which will lay the basis for future use of the chemicals So far only about 150 chemicals have gone through this process – another 29,850 to go….

REACH – Registration, Evaluation & Autorisation of CHemicals Substances with highest production volumes will be registered by the end of 2010 Data regarding toxicity, ecotoxicity, exposure, processes, applications etc… need to be registered Impact on environment & human health will be evaluated Restrictions &/or Authorisation will be proposed where necessary Those substances for which no restrictions or authorisation is agreed, should be able to be used in all applications without further questioning

TBBPA Risk assessed under 793/93 – over 200 studies performed Human health part concluded in February 2005 Environmental part concluded in June 2007 Publication in the Official Journal June 2008 Now in pre-registration phase under REACH Risk assessment data will be directly transferred into REACH registration dossier No further studies needed for assessment phase TBBPA will be among first substances assessed and approved by REACH EU Risk Assessment Outcome   EU Human Health Risk Assessment EU Environment Risk Assessment TBBPA reactive use (Printed Circuit Boards)  Ok for use TBBPA additive use (ABS plastics) For 1 user plant in Europe local measures have been taken to address a specific local risk Classified R50/53 No restrictions on use – complies with all EU Legislation

Deca BDE is not a hazardous substance Risk Assessment concluded in May 2004 - over 1100 studies performed Publication in the Official Journal on 29 May 2008 Now in pre-registration phase under REACH Risk assessment data will be directly transferred into REACH registration dossier No further studies needed for assessment phase Deca will be among first substances assessed and approved by REACH EU Risk Assessment Outcome   EU Human Health Risk Assessment EU Environment Risk Assessment Deca-BDE  Ok for use Additional scientific information requested (environment and bio monitoring, DNT study) Deca BDE is not a hazardous substance

VECAP: in line with REACH chemicals management REACH established a comprehensive set of requirements for chemicals management EBFRIP has already started working in this direction by setting up VECAP – a voluntary product stewardship process helps better understand supply chain processes creates awareness on substances management Voluntary – producer and user implemented Emissions – identify sources of BFR emissions Control – adjust procedures to minimize emissions Action – dynamic, continuous improvement Program – focus on Best Practices to eliminate emissions Developed for Deca-BDE and extended to other flame retardants such as TBBPA and HBCD with major key applications in plastics and textile industries Pro-Active program in joint cooperation between producers and the supply chain Initiated in the EU but being expanded to North America and Japan

Added value for OEMs Given the requirements of REACH and the fact that an OEM can only be as green as its supply chain, a key challenge is to manage the use of chemicals through supply chain With a proven record and independent certification, VECAP can be relied upon as a tool to work with the supply chain Several OEMS have included VECAP in its 2007 Environmental Guidelines for Components to provide consumer fire safety The VECAP 2008 Report has just been published

The RoHS Directive review

The principle of a consistent chemicals framework? The RoHS Directive Article 4 - Prevention … so risk assessed substance with positive conclusion should not be included in RoHS

TBBPA listed but does not meet Commission criteria The recently finalised RA for TBBPA confirmed that TBBPA is not a CMR, not a PBT, not a vPvB The Risk Reduction Strategy did not recommend any legislative restriction TBBPA does not meet the criteria to be listed under substances to be restricted by the RoHS Directive Oko disregards positive recommendations in line with REACH requirements, in favour of substance which have not yet been evaluated

Discriminatory listing of halogenated organic compounds The Öko-Institut proposed to include also entire family of halogenated organic compounds (hundreds of chemicals) to the priority list No scientific criteria have been put forward for listing these additional BFRs These BFRs do not meet the criteria stipulated in the Commission’s tender for priority substances This category includes polymers which are currently exempt from REACH registration requirements! Substances have to be assessed individually and according to REACH criteria

Deca-BDE: another example of RoHS incompatibility with REACH The EU risk assessment under the Existing Substances Regulation 793/93 of Deca-BDE concluded with a positive recommendation regarding future use of DecaBDE (on condition of further studies) DecaBDE is not a hazardous substance while RoHS is about restricting hazardous substances…. It has been exempted from the RoHS in 2005 However, 1 April 2008: European Court of Justice annulled Deca-BDE’s exemption Procedure for exemption has not been fully respected Deca should be removed from the RoHS based on positive recommendation regarding future use & the fact that it is not a hazardous substance

Need for compatible approach between RoHS & REACH The RoHS Directive should be reviewed applying the principles of Better Regulation, & avoiding running parallel systems The Commission should ensure total consistency between the RoHS Directive and REACH / RA conclusions Where conclusions of such evaluations are positive, this should be reflected in other Community legislation in order not to undermine the chemicals policy

EBFRIP is requesting the Commission: Not to include TBBPA in the RoHS revision as it does not meet the criteria stipulated in the Commission’s tender Not to include halogenated organic compounds in the RoHS revision as there is no scientific justification To remove Deca from the RoHS Overall: to ensure consistency between REACH & other Community legislation and to abide by the conclusions of evaluations, also when they are positive!