WRITTEN QUESTION P-0055/01 by Dorette Corbey (PSE) to the Commission. Fire retardants.
Date: 2001-01-16
Institutions: European Parliament, Provisional data
Subjects: European standard, clothing, dangerous substance, fire protection, furniture industry, health risk, inflammable product, product safety

3.7.2001

EN

Official Journal of the European Communities

C 187 E/171

In line with the Commission(cid:146)s policy to eliminate factors causing imbalance in competition and access to
credit in objective 1 regions, what will it do to overcome the obstacles to the balanced development of the
regions of southern Italy caused by the impoverishment of local instruments for gaining access to credit?

Answer given by Mr Monti on behalf of the Commission

(2 March 2001)

All the mergers to which the Honourable Member refers were examined and authorised by the national
authority, because they do not meet the conditions for the application of the Council Regulation (EEC)
No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1).

It should however be recalled that an essential condition for the application of the EC Treaty rules on
competition is the existence of a prejudicial effect on the trade between Member States. Consequently, it is
possible that an issue concerning a national or local situation would not fall within the scope of the above-
mentioned provisions.

The situation described by the Honourable Member appears to be essentially of national nature, if not
regional, and hence it would be unlikely to affect significantly interstate trade.

In these circumstances it does not fall within the Commission(cid:146)s competence to take measures aimed at
resolving the situation described.

(1) OJ L 395, 30.12.1989 republished in OJ L 257, 21.9.1990.

(2001/C 187 E/183)

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 (cid:145)Effectiveness of
Furniture and Furnishings, Government Consumer Safety Research(cid:146), DTI). The problem with using fire
impact: fire retardants can trigger hormone
retardants, however, concerns the possible environmental
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 compul-
sory 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.

Does the Commission consider that treatment with fire retardants should be made compulsory for

3.
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?

C 187 E/172

Official Journal of the European Communities

EN

3.7.2001

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, Trisazir-
idinylphosphoninoxide 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.

the Commission considers that warning labels could
Regarding the question about warning labels,
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.