Norwegians Ignore EU Policy on The Use of Brominated Flame Retardants

A recent recommendation from the Norwegian Pollution Control Authority (SFT) to the Norwegian Government proposes to restrict in part the use of three flame retardants, Deca-BDE, TBBPA and HBCD, amongst 21 chemical substances, in consumer goods. Should the Government adopt the recommended action, this would be a further move by Norway to disregard European law and science and to act in an isolationist way. In the upcoming consultations of stakeholders, this move will be strongly criticised by industry as it undermines the EU chemicals policy in general.

Although EU harmonised sectors such as electronics and automotive would be exempted, the applications in other sectors such as textiles, cables or construction material would be covered by the proposed restrictions. In view of the existing and ongoing EU scientific assessments of these substances, the recommendation was clearly presented regardless of the agreed EU process:

  • After 10 years and 588 studies, an EU scientific assessment on Deca-BDE, which was concluded in 2004, identified no significant risk to human health or the environment. These conclusions have been confirmed since in regular updates of the risk assessment. Also Norwegian monitoring data indicates that levels found in Norway are in the same range or lower than those considered in the risk assessment.
  • An EU scientific assessment of TBBPA concluded in May 2005 that TBBPA causes no risk to human health. Assessments on the effects of TBBPA on the environment and of HBCD are ongoing and will be finalized in mid-2007.

SFT even admits that its recommendation on the mentioned flame retardants “could go against the principle of free movement of goods”. As such, the proposal questions SFT’s and the Norwegian Government’s commitment to EU law and the newly adopted EU Chemicals Legislation REACH which is committed to base legislative decisions on the results of scientific test data. A restriction ignoring these European principles creates great uncertainty for industry to trade across Europe and globally.

EBFRIP finds the move by SFT not acceptable and is committed to mobilise all possible forces in order to ensure the correct implementation of European rules across Europe.

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