WRITTEN QUESTION P-0055/01

by Dorette Corbey (PSE) to the Commission

(16 January 2001)

Subject: Fire retardants

In both the UK and Ireland, the use of fire retardants is compulsory in upholstered furniture. That requirement has resulted in a fall in the number of deaths caused by house fires (see Effectiveness of Furniture and Furnishings, Government Consumer Safety Research, DTI). The problem with using fire retardants, however, concerns the possible environmental impact: fire retardants can trigger hormone disorders. In reply to previous questions (Whitehead, Watson and Sterckx), the Commission has indicated that it intends to evaluate current fire-safety standards and if necessary to draw up new standardisation arrangements.

1. What deadline does the Commission intend to fix for making fire retardants compulsory in upholstered furniture?

2. Which fire retardants does the European Commission intend to exempt from being made compulsory or prohibit altogether, having regard to their potential to cause hormone disorders?

The last few months have seen two tragic accidents, one in Austria, the other in the Netherlands, in which clothing inflammability played a part.

3. Does the Commission consider that treatment with fire retardants should be made compulsory for sport and party clothing in particular? If so, what proposals can be expected and when?

4. Does the Commission consider that warning labels would be a useful measure?

Answer given by Mr Byrne on behalf of the Commission

(13 March 2001)

Upholstered furniture and clothing are not subject to specific Community legislation regarding safety, including fire resistance. They fall under the scope of Council Directive 92/59/EEC of 29 June 1992 on general product safety(1) that imposes a general safety obligation. This Directive refers to European standards, conformity with which confers presumption of conformity with the general safety obligation in the new version of the Directive, which is currently being revised.

The Commission considers that this is the legal framework within which this issue should be dealt with, as pointed out in the answers to Oral Questions H-147/00 put by Mr Watson during question time at the March 2000(2) part-session and H-303/00 put by Mr Sterckx during question time at the April 2000(3) part-session and Written Question E-1212/00 put by Mr Whitehead(4).

Accordingly, in December 2000, the Commission issued a mandate to the European Committee for Standardisation, with a view to drawing up European standards concerning the inflammability of night-dresses, and the Commission is now considering the need for a new mandate covering the inflammability of other types of clothing.

As regards upholstered furniture, in 2000 the Commission consulted the Member States in the Committee for Directive 92/59/EEC of 29 June 1992 on the general safety of products, and in December of the same year it embarked on consultations with European consumer associations to evaluate the need for a standardisation mandate in the above-mentioned framework.

In any event, the provisions of Council Directive 76/769/EEC of 27 July 1976 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(5) must be complied with. Some fire retardants that are dangerous to human health, such as Tris (2,3 dibromopropyl) phosphate, Trisaziridinylphosphoninoxide and polychlorinated biphenyls, are already prohibited under Directive 76/769/EEC when used in textile products that come into direct contact with the skin. Furthermore, the Commission proposed banning pentabromodiphenyl ether, because it is a risk to the environment and has been detected in breast milk in increasing concentrations.

The Commission does not intend to make fire-retardant materials compulsory in the design of chairs for private use.

However, as regards general safety in public places, the European Standardisation Committee is drawing up European standards relating to the classification of net and other curtains in public places according to fire resistance, and is developing testing methods for this classification. When these standards are available, the Commission will encourage Member States to use them at national level.

Regarding the question about warning labels, the Commission considers that warning labels could supplement the available technical solutions, if these solutions do not completely eliminate the risk. The standards body could provide for warnings in the absence of any other satisfactory solution.

(1) OJ L 228, 11.8.1992.

(2) Debates of the European Parliament (March 2000).

(3) Debates of the European Parliament (April 2000).

(4) OJ C 46 E, 13.2.2001.

(5) OJ L 262, 27.9.1976.