G/TBT/N/EU/375  
 
4 May 2016  
(16-2502)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: European Commission 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
European Commission 
EU-TBT Enquiry Point 
Fax: +(32) 2 299 80 43 E-mail: grow-eu-tbt@ec.europa.eu   
Website: http://ec.europa.eu/growth/tools-databases/tbt/   
3. Notified under Article 2.9.2 [X], 2.10 .1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable): 
bis(pentabromophenyl)ether (decaBDE) as a substance on its own and as a constituent of 
other substances, in mixtures, or in articles or any part thereof, in a concentration equal to 
or greater than 0.1% by weight 
5. Title, number of pages and language(s) of the notified document: Draft Commission 
Regulation amending Annex XVII to Regula tion (EC) No 1907/2 006 of the European 
Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards bis(pentabromophenyl)ether (5 pages + Annex 
2 pages, in English) 
6. Description of content: This notified draft relates to a new entry in Annex XVII to 
Regulation (EC) No 1907/2006.  
It intends to restrict the manufacturing and placing on the market of 
bis(pentabromophenyl)ether (decaBDE) as a substance on its own and the use and placing 
on the market of decaBDE as a constituent of other substances, in mixtures, or in articles 
or any part thereof, in a concentration equal to or greater than 0,1% by weight.  
Exemptions are proposed for the production an d placing on the market of aircraft; for the 
production and placing on the market of spare parts for aircraft, motor vehicles within the 
scope of Directive 2007/46/EC, agricultural an d forestry vehicles within the scope of 
Regulation (EU) No 167/2013 and machinery within the scope of Directive 2006/42/EC; articles placed on the market for the first time before the date of application of the 
Regulation; and electrical and electronic equipment within the scope of 
Directive 2011/65/EC.  
Application of the restriction is deferred for 18 months to allow industry sufficient time to 
adapt and achieve compliance. G/TBT/N/EU/375 
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: decaBDE is widely used as a flame retardant in particular in textiles and 
plastics. The persistent and bioccumulative properties of decaBDE give rise to specific 
concerns about its widespread distribution and potential to cause irreversible long-term 
harm to the environment, even after emissions have ceased. The toxicity of decaBDE has been determined based on the toxicity of its breakdown products. In addition, exposure to 
decaBDE in its lower brominated transformation products may result in neurotoxicity in 
mammals, including humans.  
The proposed restriction is expected to reduce emissions of decaBDE in the medium to 
long term and no significant costs to producers and downstream users are expected, 
taking into account the proposed exemptions. 
8. Relevant documents:  
 Regulation (EC) No 1907/2006 of the Europe an Parliament and of the Council on the 
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH 
Regulation): http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1423064258789&uri=CELEX:32006R1907   
 The opinions of the Committees for Risk Assessment (RAC) and Socio-economic 
Analysis (SEAC): http://echa.europa.eu/documents/10162/b5ac0c91-e110-4afb-
a68d-08a923b53275  
 Further background information is available at: http://echa.europa.eu/previous-
consultations-on-restriction-proposals/-/substance-rev/1897/term  
9. Proposed date of adoption: Second half of 2016 
Proposed date of entry into force: 20 days from publication in the Official Journal of the 
EU (the restriction will begin to apply 18 months after the date of entry into force)   
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:  
European Commission 
EU-TBT Enquiry Point 
Fax: + (32) 2 299 80 43 E-mail: grow-eu-tbt@ec.europa.eu   
The text is available on the Website: http://ec.europa.eu/growth/tools-databases/tbt/   
https://members. wto.org/crnattachments/2016/TBT/EEC/16_1812_00_e.pdf   
https://members. wto.org/crnattachments/2016/TBT/EEC/16_1812_01_e.pdf