Commission Directive 2004/98/EC of 30 September 2004 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of pentabromodiphenyl ether in aircraft emergency evacuation systems for the purpose of adapting its Annex I to technical progress(Text with EEA relevance)
Date: 2004-09-30
Institutions: European Commission
Subjects: aircraft, approximation of laws, chemical product, fire protection, marketing restriction, technological change

1.10.2004

EN

Official Journal of the European Union

L 305/63

COMMISSION DIRECTIVE 2004/98/EC

of 30 September 2004

amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of
pentabromodiphenyl ether in aircraft emergency evacuation systems for the purpose of adapting
its Annex I to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

emergency cases for a few seconds, and only in the rare
event that the material is burning.

Having regard to the Treaty
Community, and

establishing the European

Having regard to Council Directive 76/769/EEC of 27 July 1976
on the approximation of the laws, regulations and adminis-
trative provisions of the Member States relating to restrictions
substances and
on the marketing and use of dangerous
preparations (1), and in particular Article 2a thereof,

(5)

(6)

Whereas:

Considering the limited application of pentaBDE in
aircraft emergency evacuation systems and the negligible
contribution to the overall risks posed by that article to
is justified to permit
health and the environment,
pentaBDE to be placed on the market and used for
that specific purpose.

it

Given the complexity of the substitution process and the
authorisation regulations for aircraft emergency systems,
and the serious socio-economic implications, a time
for
limited derogation is justified for articles essential
evacuation situations. Permitting the use of pentaBDE
in
systems would
maintain aircraft safety by preventing the use of older
emergency systems.

emergency

evacuation

aircraft

(1)

(2)

(3)

Pentabromodiphenyl ether
is used as a
brominated flame retardant in order to protect plastics,
fabrics and other articles against fire.

(pentaBDE)

(7)

Directive 76/769/EEC should therefore be amended
accordingly.

On the basis of a risk assessment pursuant to Council
Regulation (EEC) No 793/93 of 23 March 1993 on the
existing
evaluation and
substances (2) it was considered necessary to restrict the
placing on the market and use of pentaBDE, and the
substance was therefore added to Annex I to Directive
76/769/EEC.

control of

risks of

the

(8)

Recently, new information has become available showing
that pentaBDE is used in specific fabrics for aircraft
evacuation slides and slide-rafts and cannot be replaced
by suitable alternatives due to the extensive safety testing
and regulatory requirements.

laying

legislation

should apply without prejudice

to
This Directive
Community
down minimum
requirements for the protection of workers, in particular
Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in
the safety and health of workers at work (3), and Directive
2004/37/EC of
the
Council of 29 April 2004 on the protection of
workers from the risks related to exposure to carcinogens
or mutagens at work (Sixth individual Directive within
the meaning
of Directive
89/391/EEC) (4).

the European Parliament and of

of Article

16

(1)

(4)

Emissions from such slides into the environment and
in
exposure of humans cannot be expected, except

(1) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 2004/96/EC (OJ L 301, 28.9.2004, p. 51).
(2) OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation of
the European Parliament and of the Council (EC) No 1882/2003 (OJ
L 284, 31.10.2003, p. 1).

(9)

The measures provided for
in this Directive are in
accordance with the opinion of the Committee for the
adaptation to technical progress of the Directives on the
technical barriers to trade in dangerous
removal of
substances and preparations,

(3) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC)

No 1882/2003.

(4) OJ L 158, 30.4.2004, p. 50.

L 305/64

EN

Official Journal of the European Union

1.10.2004

HAS ADOPTED THIS DIRECTIVE:

Article 1

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Annex I to Directive 76/769/EEC is amended in accordance
with the Annex to this Directive.

Article 3

Article 2

the latest,

1. Member States shall adopt and publish, by 1 January
the laws, regulations and administrative
2005 at
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

They shall apply those provisions from 1 January 2005 at the
latest.

those provisions,

When Member States adopt
these shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 30 September 2004.

For the Commission

Olli REHN
Member of the Commission

ANNEX

Annex I to Directive 76/769/EEC, is amended as follows:

In the second column of point 44, entitled diphenylether, pentabromo derivative C12H5Br5O, a new paragraph 3 is added:

By way of derogation, until 31 March 2006 paragraphs 1 and 2 shall not apply to aircraft emergency

‘3.
evacuation systems.’