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

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

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

4. REACH overview & TBBPA/Deca RA

5. 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….

6. 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

7. 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

8. Deca BDE is not a hazardous substance
Risk Assessment concluded in May 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

9. 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

10. 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

11. The RoHS Directive review

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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!