WRITTEN QUESTION E-0947/01

by Christopher Huhne (ELDR) to the Commission

(28 March 2001)

Subject: Flame retardant ban

1. Will the Commission indicate the progress of its proposals to ban some brominated flame retardants from use and specify which Member States, if any, oppose the Commission proposals?

2. When does it expect to be able to announce a ban, and what dangers does it foresee for consumers if delays continue?

3. Is the Commission satisfied, given the current scientific evidence, that the extent of its proposed ban is adequate to ensure consumer safety. If so, why?

Answer given by Mr Liikanen on behalf of the Commission

(8 June 2001)

The Commission would refer the Honourable Member to the answers provided to previous Written Questions on the same subject E-0033/01 by Mr Meijer(1), E-2616/00 by Mr Davies(2), E-2504/99 by Mrs Thors(3), P-1976/99 by Mrs Schörling(4), E-3004/98 by Mr Eisma(5) and to the Oral Question H-776/99 by Mrs Schörling during question time at Parliament's December 1999 part-session(6).

1. The Commission adopted on 15 January 2001 a proposal to ban the use of a brominated flame-retardant, pentabromodiphenyl ether, from 1 July 2003(7). The proposed Directive, amending for the 24 time Directive 76/769/EEC of 27 July 1976 on restrictions on the marketing and use of dangerous substances and preparations(8), has been forwarded to the Parliament and the Council for final adoption according to Article 251 (ex Article 189b) of the EC Treaty. The Commission's proposal has been subject to a preliminary examination by the Council Working Party Technical Harmonisation. The Parliament has not yet given its opinion in its first reading.

The Commission's proposal is based on the Commission Recommendation of 5 March 2001(9) on the results of the risk assessment and risk reduction strategy for the substance in the framework of Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of existing substances(10). The Commission's Recommendation was unanimously endorsed by the Member States.

2. The Commission proposes the ban to take effect eighteen months after adoption of the proposed Directive by the Parliament and the Council thus giving Member States the required time to transpose the Directive into national legislation.

The proposed ban aims at reducing risks to the environment. The risk assessment concluded that risk to consumers from exposure to the substance is negligible since in the EU it is only used in polyurethane foam which is enclosed in products. However, a concern over increasing levels of pentaBDE in breast milk was expressed.

3. The Commission considers that the proposal is far reaching and thereby affords a high level of protection to the health and safety of consumers. The proposal to ban all uses of pentabromodiphenyl ether also takes account of the Precautionary Principle as interpreted in the Commission's Communication on the precautionary principle(11) as it addresses the concern about increasing levels of pentabromodiphenyl ether in breast milk from sources not yet identified.

The proposal will not result in greater risks from fires or greater risks to the environment given the availability of suitable alternative flame-retardants.

Furthermore, the Commission has adopted a Proposal for a Directive on the restriction of the use of certain hazardous substances in electrical equipment(12) (RoHS).

According to the RoHS proposal Member States shall ensure that with effect from 1 January 2008 the use of certain heavy metals and two groups of brominated flame retardants, polybrominated biphenyls (PBB) and polybrominated diphenyl ether (PBDE), are substituted by other substances. This Proposal is currently being discussed in Council and Parliament.

(1) OJ C 261 E, 18.9.2001.

(2) OJ C 113 E, 18.4.2001, p. 134.

(3) OJ C 330 E, 21.11.2000.

(4) OJ C 203 E, 18.7.2000.

(5) OJ C 142, 21.5.1999.

(6) Debates of the European Parliament (December 1999).

(7) COM(2001) 12 final.

(8) OJ L 262, 27.9.1976.

(9) OJ L 69, 10.3.2001.

(10) OJ L 84, 5.4.1993.

(11) COM(2000) 1 final.

(12) COM(2000) 347 final (OJ C 365 E, 19.12.2000).