COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 7 final - SYN 325 
Brussels, 28 January 1991 
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 76/769/EEC on the approximation of the 
laws, regulations and administrative provisions of the 
Member States relating to restrictions on the 
marketing and use of certain dangerous 
substances and preparations 
(presented by the Commission) 
- 1 -
EXPLANATORY MEMORANDUM 
1. INTRODUCTION 
In May 1989 the German authorities communicated to the Commission 
their concern about dangers posed to human health and the 
environment by a family of chemicals known as poIybromobIphenyI 
ethers (PBBE'S) which are used as flame retardants In certain 
plastics. They further Invited the Commission to take the 
Initiative at Community level and propose a way to solve the 
problems posed by PBBE'S. The Commission studied the rationale 
provided by the German authorities and subsequently announced Its 
Intention to propose Community measures covering the PBBE family. 
The Commission, having taken Into account the available 
Information, Is now proposing to Introduce Community measures 
restricting the marketing and use of PBBE'S by -sans of a 
modification to Directive 76/769/EEC. 
The Commission considers that this proposal Is consistent with 
the high level of protection required under the Treaty. The 
rationale underlying the Commission's proposal Is given below. 
2. HISTORICAL BACKGROUND 
The ever Increasing use of plastic materials presents a special 
challenge to the control of fire. This challenge has been met 
effectively by Incorporating flame retardant formulations In 
plastics likely to be so exposed (about 1 % of all plastics): 
Various types of flame retardants can be used In plastics. 
Brominatea organic compounds are however mo muo.. »idciy used ?.t 
present and within this group the PoIybromobIphényI Ethers 
(PBBE'S) have In recent years recorded rapid growth In most 
countries. The PBBE'S are used as f I ameretardants In plastics 
finding application In a range of product components (e.g. 
housings, electrical connectors) and final products (e.g. 
televisions, computers, automobiles). 
The widespread application of PBBE'S has occured because of their 
special properties. The fire retardancy action of PBBE 
formulations Is particularly effective as it Is available at the 
optimum temperature for effective fire control. In addition 
PBBE's need be present only In small amounts and thus Impair to a 
minimum extent the original properties of the plastic. 
- 2 -
Production of PBBE's In Western Europe amounted to several 
thousand tonnes In 1989, having fallen slightly from 1936 levels. 
By contrast Imports of PBBE's Into the Community have risen 
significantly since 1986 and now exceed EC production by a 
considerable margin. An unknown, but certainly very large amount 
of PBBE reaches the Community through imports of plastics and of 
goods containing plastics e.g. TV's, cars, a Ircraft .etc. 
The recent fall In Community production Is the result of concerns 
about the dangers to health posed by PBBE's. Most worrying Is the 
release Into the atmosphere of toxic chemicals known as 
poIybromodIbenzofurans (furans for short) when plastics 
containing PBBE'S are exposed to heat (e.g. In plastics 
processing, accidental fires, municipal Incineration). 
3. INFORMATION ON THE SUBSTANCES COVERED BY THIS PROPOSAL 
3.1. Genera I. 
The PBBE family Includes the following 
I.e. DecabromobIphenyI Ether 
Nona « « « 
Octa M " M M 
Septa-
Hexa M 
Penta" 
Tetra" 
T. I H II H II 
Q I H N H II 
BromobIphenyI Ether homologue 
CAS 1163-
" 63936 
M 32536 
" 689 2 8 
" 36483 
32534 
M 40088 
" 49690 
" 2050-
" 101-5 s 
19-5) 
-56-1) 
-52-0) 
-80-3) 
-60-0) 
-81-9) 
-47-9) 
-94-0) 
47-7) 
5-3) 
Of these, only the penta, octa and deca varieties are used 
commercI a I 1 y. 
However, while no commercial use Is known of the seven other 
homologues there Is at present no legal Impediment to their 
marketIng and use . 
Within the Community several companies have already ceased PBBE 
production though three producers remain. The PBBE'S find 
application In some sixteen distinct types of resin and 
polymer : 
- 3 -
Res 1n/substrate : 
1. ABS* 
2. Epoxy Resins 
3. Pa Ints/Iacquers 
4. PhenoI Ic Res Ins 
5. PolyacryIon I tr I le 
6. Polyamide 
7. PBT** 
8. Polyethylene 
9. PET*** 
10. Polypropylene 
11. PoIystyrene 
12. PVC 
13. Polyurethane 
14. Rubber 
15. Text I les 
16. Polyesters Use of 
Deca-BBE 
x 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X Octa-BBE 
X 
X 
X 
X Penta-BBE. 
X 
X 
X 
X 
X 
X Other homo I. 
* Acrylonltrlle-Butadlene-Styrene 
** Polybutylene Terephtha I ate 
*** Polyethylene TerephthaI ate 
The deca homologue Is produced In the largest volumes and finds 
most widespread application. 
3.2. Properties of the substances. 
ToxIcIty. 
The deca homologue appears to have no undesirable toxlcologlca 
effects. 
Acute toxicity tests have shown that octa too Is non-toxic. 
However animals subjected to long term exposure to very high 
doses of octa have suffered compound-related liver and thyroid 
effects. 
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Penta Is a slight eye Irritant and has similar liver and thyroid 
effects to octa. 
It Is concluded that the commercially Important PBBE'S present a 
small hazard In terms of toxicity.What risk that exists Is 
largely confined to the workplace where PBBE'S are produced and 
compounded. There Is, apparently, no danger to the public In 
handling plastics containing PBBE'S. 
EnvIronment. 
Deca has no undesirable environmental effects. 
Minimal bioconcentration has been recorded In the case of octa. 
Traces of penta have been Identified In certain river sediments 
and In some mussel and cod samples. 
While the United States EPA has recommended further tests on the 
chemical fate and environmental effects of the three commercial 
PBBE homologues, there Is little evidence at present of dangers 
to the environment through accumulation of PBBE'S. 
Exposure to the heat. 
Very high quantities of dloxlns and furans have been detected 
during pyrolyse In the laboratory of the pure flame retardants, 
especially those containing penta. 
Smaller quantities of furans Including minute traces of the very 
toxic 2,3,7,8 tgtràbrûiïiûuluoiù^iUi an *<«.« L » _ :. _" _':?*•-• ^ !n the 
products of combustion when plastics containing PBBE art» burnad. 
However these combustion products gave no clinical slrjnt- of 
tox I c I ty In an I ma I s . 
Measurments at the workplace have, however, shown that furan 
emissions pose a certain risk. Exposure studies In plastic 
processing plants have confirmed furan concentrations when 
plastics are worked at high temperature (at the extruder head). 
The existence of risk Is confirmed by the Interim results of one 
series of epidemiological studies. 
- 5 -
Risks associated with non- professional exposure would seem to be 
slight. Tests have Indicated that there Is no risk to the TV 
viewing public arising from furan emissions and it has yet to be 
established whether any risk is posed by the products of 
accidental fires. As far as waste disposal by Incineration Is 
concerned, hazard assessment calculations have shown a b!g 
potential for furan release though this has not been confirmed by 
actual emission measurements. 
It still remains to be shown whether bromodIbenzofurans or 
bromodloxlns are present In the environment. 
It does seem from the available evidence that plastics containing 
PBBE'S do, when subjected to heat, pose a threat to human health. 
3.3. Existence of alternatives. 
Substitutes for PBBE's must be Judged In terms of various 
criteria. First and foremost they must allow current fire 
standards to be respected. They must also be safer than PBBE's In 
terms of protection of health and the environment. In addition 
there are many practical constraints; for example, they must 
impair the manufacture and performance of plastic goods nor 
should they be excessively expensive. not 
While some candidate substitutes have already been I den t I f 
has not yet been shown conclusively that they are preferab 
PBBE's. For example TetrabromobIsphenoI A, which Is alread 
extensively In Germany and Japan, may also lead to release 
furans as described for PBBE's, though probably in smaller 
amounts. Substitutes of the Inorganic type may not have 
sufficient flame retardancy In plastics to allow existing 
standards to be met. Clearly detailed hazard analyses must 
completed for the various possible substitutes before any 
Imposed on the PBBE's currently In use. led It 
le to 
y used 
of 
f I re 
be 
ban I s 
3.4. Cone I us I on. 
It Is concluded that PBBE's pose a threat to human health and the 
environment which Is unacceptable In the long term. This danger 
arises mainly from the release of furans to the atmosphere !n 
thermal exposure of plastics containing PBBE'S. PBBE'S should 
therefore be phased out once safer substitutes can be found. 
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The best strategy to adopt towards this end Is a stepwise 
withdrawal of PBBE'S from the market. This would take the form of 
an Immediate ban on the seven PBBE homologues not presently In 
commercial use and on preparations and products potentially 
containing them and of an eventual ban five years later on the 
three commercially Important homologues and their preparations 
and products. 
4. CONFORMITY WITH THE TREATY. 
As Is clear from section 3 above, this proposal Is Intended to 
afford a high level of protection for both persons and the envi­
ronment and is therefore In conformity with Article 100A(3) of 
the Treaty. 
The proposal does not call for any special provisions of the kind 
referred to In Article 8c of the Treaty. 
5. CONSULTATION OF THE EUROPEAN PARLIAMENT AND THE ECONOMIC AND 
SOCIAL COMMITTEE. 
In compliance with Article 100A of the Treaty, the cooperation 
procedure with the European Parliament is applicable. The 
Economic and Social Committee has to be consulted. 
- 7 -
Proposal for a 
COUNCIL DIRECTIVE 
amending Directive 76/769/EEC on the approximation of the 
laws, regulations and administrative provisions of the 
Member States relating to restrictions on the 
marketing and use of certain dangerous 
substances and preparations 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 A thereof, 
Having regard to the proposal from the Commission,1 
In cooperation with the European Parliament,2 
Having regard to the opinion of the Economic and Social 
Commlttee,3 
Whereas measures should be adopted for the progressive 
establishment of the internal market by 31 December 1992; 
whereas the internal market is an area without internal 
frontiers in which the free circulation of goods, persons, 
services and capital is guaranteed; 
1 0J No 
2 0J No 
3 OJ No 
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Whereas poIybromobipheny I ether used as fire retardant in 
certain plastic polymers and in certain plastic products 
may, under the uncontrolled condition of a fire, during 
plastics manufacture, during plastics processing and during 
waste disposal by incineration lead to the emission of 
poIyhalogenated dibenzo furans and poIyhalogenated dibenzo 
dioxins which are dangerous to man and to the environment; 
Whereas the restrictions on the use of poIybromobipheny I 
ethers laid down by this Directive take into account the 
current state of knowledge and techniques regarding safer 
subst i tutes ; 
Whereas restrictions planned by certain Member States on use 
and marketing of po I ybromobiphenyI ethers or preparations or 
products containing them would have a direct effect on the 
establishment and functioning of the internal market; 
whereas it is therefore necessary to approximate the laws of 
the Member States in this field and thus to amend Annex I to 
Council Directive 76/769/EEC4, as last amended by Directive 
/ /EEC5; 
Whereas present Community legislation concerning the 
possible adoption by Member States of more stringent 
restrictions on the use of the substances and preparations 
in question at the workplace is unaffected by this 
D i rect i ve , 
HAS ADOPTED THIS DIRECTIVE 
4 OJ No L 262, 27.9.1976, p. 201. 
5 OJ No L 
- 9 -
Article 1 
Annex I to Directive 76/769/EEC is hereby amended as set out 
in the Annex hereto. 
Article 2 
Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive no later than 18 months 
after the date of its adoption and shall forthwith 
inform the Commission thereof. 
When Member States adopt these provisions, these shall 
contain a reference to this Directive or shall be 
accompanied by such reference at the time of their 
official publication. The procedure for such reference 
shall be adopted by Member States. 
Member States shall communicate to the Commission no 
later than 18 months afer the date of its adoption the 
text of the basic provisions of national law which they 
adopt in the field covered by this Directive. 
Article 3 
This Directive is addressed to the Member States 
Done at Brussels, For the Counc i I 
The Près i dent 
10 
ANNEX 
The following point is hereby added to Annex 1 of Directive 
76/769/EEC 
28. PoIybromobIphenyI Ethers 
28.1 The placing on the market of 
NonabromobiphenyI Ether (CAS 63936-56-1) 
HeptabromobiphenyI Ether (CAS 68928-80-3) 
HexabromobiphenyI Ether (CAS 36483-60-0) 
TetrabromobiphenyI Ether (CAS 40088-47-9) 
TribromobiphenyI Ether (CAS 49690-94-0) 
DibromobiphenyI Ether (CAS 2050-47-7) 
BromobIphenyI Ether (CAS 101-55-3) 
in concentrations by mass equal to or greater than 
.1% is prohibited in substances, preparations and 
products 
28.2 The placing on the market of 
DecabromobIphenyI Ether (CAS 1163-19-5) 
OctabromobiphenyI Ether (CAS 32536-52-0) 
PentabromobIphenyI Ether (CAS 32534-81-9) 
in concentrations by mass equal to or greater than 
. 1% shall be prohibited from ../../.... (five 
years from adoption of this Directive) in 
substances, preparations and products." 
-11 -
Draft proposal for a Council Directive modifying for a 
twelvth time Council Directive 76/769/EEC on the 
approximation of the laws, regulations and 
administrative provisions of the Member States 
relating to restrictions on the marketing and use of 
certain dangerous substances and preparations 
COMPETITIVENESS AND EMPLOYMENT IMPACT ASSESSMENT 
I. The current proposal concerns restrictions on the 
marketing and use of a family of chemicals known as 
poIybromob I phenyI ethers (PBBE's). 
Only three of the 10 PBBE's are commercially produced 
namely, pentabromobIphenyI, octabromobIphenyI and 
decabromobIphenyI and these find applications In flame 
retardant formulations mainly for use In plastics. 
It has been concluded that the PBBE's constitute a 
potential risk to man and the environment and that they 
should be prohibited once safer substitutes have been 
proven. 
it has been decided, therefore, that the PBBE's should 
be banned In stages, starting with the seven non­
commercial products which are prohibited as from the 
date of Implementation of the Directive. 
II. Features of the Business in question. 
The commercially important PBBE 
France, Netherlands and the U.K. 
concerned produce about one third 
and the balance Is Imported 
CommmunIt y. 
PBBE's are also contained In a wide 
goods imported Into the Community. s are produced In 
The three- companies 
of E.C. requirements 
from outside the 
range of plastic 
III. What Direct 
Industry. Obligations does the measure Impose on 
The marketing and use of penta, octa and deca­
bromob I pheny I ethers lr prohlb't** fr.-.-t s years of 
Implementation of the Directive. The prohibition 
applies not only to the three PBBE's as such but to 
plastic goods or any other goods containing them. 
The industry concerned will have to adopt alternative 
systems or Introduce substitute products. 
- 12-
IV. What Indirect Obligations are local Authorities likely 
to Impose on business 7 
None 
V. Are there any special measures In respect of PME's 7 
No. 
VI. What Is the likely effect on : 
(a) competitiveness of 
(b) employment. Industry ; 
(a) The PBBE's are the cheapest and most effective 
flame retardants for most plastics. Their 
prohibition will add slightly to user Industry 
costs. The effect of this harmonised measure will 
be to equalise the conditions of competition 
within the Community though It may adversely 
affect In a small way the competitiveness of 
companies exporting from the Community. 
(b) It Is unlikely that the measure will have 
significant Impact on employment as the producers 
and users of PBBE's will move to substitutes 
products once these are available. 

-13-
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