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Regulation (EU) 2017/227 Adds Flame Retardant decaBDE to REACH Annex XVII Restricted Substances List

By Little Pro on 2017-02-16 Views:  Update:2017-02-16

On 7 Feb 2017, the European Commission published a new Regulation (EU) 2017/227 to add flame retardant decaBDE to REACH Annex XVII restricted substances list

Substance

REACH Annex XVII Restriction

67. Bis(pentabromophenyl)ether (decabromodiphenyl ether; decaBDE)

CAS No 1163-19-5

EC No 214-604-9

1. Shall not be manufactured or placed on the market as a substance on its own after 2 March 2019.

2. Shall not be used in the production of, or placed on the market in:

(a) another substance, as a constituent;

(b) a mixture;

(c) an article, or any part thereof, in a concentration equal to or greater than 0,1 % by weight, after 2 March 2019.

3. Paragraphs 1 and 2 shall not apply to a substance, constituent of another substance or mixture that is to be used, or is used:

(a) in the production of an aircraft before 2 March 2027.

(b) in the production of spare parts for either of the following:

(i) an aircraft produced before 2 March 2027;

(ii)motor vehicles within the scope of Directive 2007/46/EC, agricultural and forestry vehicles within the scope of Regulation (EU) No 167/2013 of the European Parliament and of the Council(*) or machinery within the scope of Directive 2006/42/EC of the European Parliament and of the Council(**), produced before 2 March 2019.

4. Subparagraph 2(c) shall not apply to any of the following:

(a) articles placed on the market before 2 March 2019;

(b) aircraft produced in accordance with subparagraph 3(a);

(c) spare parts of aircraft, vehicles or machines produced in accordance with subparagraph 3(b);

(d) electrical and electronic equipment within the scope of Directive 2011/65/EU.

5. For the purposes of this entry ‘aircraft’ means one of the following:

(a) a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) No 216/2008 of the European Parliament and of the Council(***) or with a design approval issued under the national regulations of a contracting State of the International Civil Aviation Organisation (ICAO), or for which a certificate of airworthiness has been issued by an ICAO contracting State under Annex 8 to the Convention on International Civil Aviation;

(b) a military aircraft.

Bis(pentabromophenyl)ether (‘decaBDE’) is a persistent, bioaccumulative and toxic substance (‘PBT’) and a very persistent and very bioaccumulative (‘vPvB’) substance. It is is already included in SVHC candidate list and restricted in electrical and electronic product under EU RoHS.

Reference

COMMISSION REGULATION (EU) 2017/227 amending Annex XVII to REACH as regards bis(pentabromophenyl)ether

 

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