G/TBT/N/AUS/162  
27 September 2023  
(23-6451) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  AUSTRALIA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Department of Climate Change, Energy, the Environment and Water  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indic ated if different from above:   
Australian WTO TBT Enquiry Point  
Office of Global Trade Negotiations  
Department of Foreign Affairs and Trade  
Canberra ACT 0221  
AUSTRALIA  
tbt.enquiry@dfat.gov.au  
+61 2 6261 1111  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):   
• Decabromodiphenyl ether (decaBDE) and nonabromodiphenyl ether (nonaBDE)  
• Octabromodiphenyl ether (octaBDE), heptabromodiphenyl ether (heptaBDE) and 
hexabromodiphenyl ether (hexaBDE)  
• Pentabromodiphenyl ether (pentaBDE) and tetrabromodiphenyl ether (tetraBDE)  
• Hexabromocyclododecane (HBCDD)  
5. Title, number of pages and language(s) of the notified document:  Proposed 
chemical management standards for Persistent Organic Pollutan ts; (15 page(s), in 
English)  
6. Description of content:  The Industrial Chemicals Environmental Management Standard 
(IChEMS) has been developed by all Australian governments to efficiently and effectively 
manage the risks of industrial chemicals to the env ironment, while providing consistent 
requirements for businesses across Australia. The IChEMS Register records standards for 
the environmental management of chemicals, including risk management measures for 
specific industrial uses. In turn, the Australian  federal government and each state and 
territory government will enact legislation to implement the standards in their 
jurisdictions.  
The proposed decisions will assign the following chemicals, and mixtures and articles 
containing the chemicals, to Schedul e 7 of the Register. This will prohibit their import, G/TBT/N/AUS/162  
 
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  manufacture, use and export in Australia, with exceptions for unintentional trace 
contamination, research, environmentally sound disposal, and for articles in use prior to 
the date of effect of the deci sion. 
• Octabromodiphenyl ether, heptabromodiphenyl and hexabromodiphenyl ether  
• Pentabromodiphenyl ether and tetrabromodiphenyl ether  
• Hexabromocyclododecane  
The proposed decisions will assign the following chemicals, and mixtures and articles 
containing the chemicals, to Schedule 6 of the Register. This will prohibit their import, 
manufacture, use and export in Australia, with limited exceptions for unintentional trace 
contamination, research, environmentally sound disposal, and for articles in  use prior to 
the date of effect of the decision.  
Some uses considered to be essential are also excepted from the decisions. These 
essential uses are outlined below.  
• Decabromodiphenyl ether and nonabromodiphenyl ether, except when used for 
the following es sential uses:  
o spare parts for aircraft that were manufactured prior to 1 January 2027 
(until the end of the service life of the aircraft); or  
o aircraft (until 1 January 2027,); or  
o polyurethane foam for building insulation (until 1 January 2027); or  
o electric  and electronic equipment (until 1 January 2027); or  
o spare parts for motor vehicles that were manufactured prior to 2019 (until 
1 January 2036); or  
o textile products (other than clothing and toys) that require anti ‐flammable 
characteristics (until 1 January  2027).  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The proposed scheduling decisions aim to:  
• Enact standards for Stockholm Convention listed persistent organic pollutants 
(POPs) that have industrial uses and which Australia has not yet ratified.  
• Facilitate ratification of the Stockholm Convention listings of the chemicals, 
allowing Australia to fulfil its obligations under the Convention.  
• Achieve better protection of the environment through improved management  of 
the environmental risks posed by industrial chemicals.  
• Provide a nationally consistent, transparent, predictable and streamlined 
approach to environmental risk management of industrial chemicals for 
governments, industry and the community.  
8. Relevant documents:   
• Decision for consultation – DecaBDE and nonaBDE [DOCX 2.70M B] [PDF 
225KB]  
• Decision for consultation – OctaBDE, heptaBDE and hex aBDE [DOCX 
44.2KB] [PDF 203KB]  
• Decision for consultation – PentaBDE an d tetraBDE [DOCX 2.69MB] [PDF 
220KB]  
• Decision for consultation – HBCDD [DOCX 44.9KB]  [PDF 219KB]  
Further supporting documents are available at: Consultation hub | Public comments on 
IChEMS proposed decisions - Climate Change (dcceew.gov.au)  G/TBT/N/AUS/162  
 
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  9. Proposed date of adoption:  By 31 December 2023  
Proposed date of entry into force:  1 July 2024 (OctaBDE, heptaBDE and hexaBDE; 
pentaBDE and tetraBDE; and HBCDD) or 1 July 2025 (DecaBDE and nonaBDE)  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
• Consultation hub | Public comments on IChEMS proposed decisions - Climate Change 
(dcceew.gov.au)  
• Further information on IChEMS is available at: Industr ial Chemicals Environmental 
Management Standard - IChEMS - DCCEEW