EU-Court ruling does not question flame retardant Deca-BDE

The Court stressed that its decision rests primarily on “the dispute (which) has essentially arisen over the manner in which the Directive was drafted”. The Court’s decision does not call into question the safety of the flame retardant Deca-BDE, one of the most studied and effective chemical flame retardants available for electrical and electronic equipment and which contributes to saving thousands of lives per year. On the contrary, the Court has specifically provided that the exemption remains in place until 30 June 2008 to allow time for regulatory and marketplace adaptations. “This is an important public policy and fire safety issue and we encourage the European Commission to examine Deca-BDE applications in electrical and electronic equipment ‘as a matter of priority’ under the RoHS and reconcile the inconsistency between the risk assessment, which found no need for restrictions on the use of Deca-BDE, and the provisions of the RoHS Directive, which would impose restrictions” said Dr Michael Spiegelstein, Chairman of the Bromine Science and Environmental Forum. “We believe the Commission should either propose a new exemption for Deca-BDE, which we are confident meets the RoHS Directive criteria, or amend the RoHS and delete Deca-BDE altogether from its scope. The Court’s decision establishes a clear “road map” for re-examining this matter, and we look forward to co-operating with the Commission in such a review.”