ECHA has released its flame retardant regulatory strategy, identifying aromatic brominated flame retardants as candidates for EU wide restrictions. This will minimize human and environmental exposure to these persistent, potentially bioaccumulative, and toxic substances.

Helsinki, March 15, 2023 - Aromatic brominated flame retardants, such as polybrominated diphenyl ethers, typically have durability in the environment. Many, such as decabromodiphenyl ether, are also known or suspected to be toxic and accumulate in humans and animals. Their release can be minimized through EU wide restrictions.

Some preparatory work needs to be done before potential limitation proposals can be made. This work may include an assessment of the waste phase to identify whether hazardous substances have been released during the removal, recycling, or disposal of products containing flame retardants. It may also include assessing the availability of suitable alternative substances or materials.

The limit can cover all aromatic brominated flame retardants that have been or will be identified as persistent, bioaccumulative, and toxic (PBT) or highly persistent, and highly bioaccumulative (vPvB) substances of high concern (SVHC) through uniform classification or recognition

For many aliphatic brominated flame retardants and some organophosphorus based flame retardants, more data is needed to determine whether restrictions are needed. These data are expected to be available from 2024, and ECHA recommends reassessing the situation of these groups in 2025.

It is not recommended to take regulatory action on several subgroups of non halogenated flame retardants, including certain organophosphorus based flame retardants, as no harm has been identified or the harm is minimal. For chlorinated flame retardants, regulatory measures have been in place or initiated.

REACH restrictions can be initiated by EU member states or the European Commission, which can require ECHA to prepare a restriction proposal.

background

The strategy covers ECHA's assessment of the regulatory needs for halogenated (including brominated) and organophosphorus flame retardants, which account for approximately 70% of the organic flame retardant market. The strategy was announced in the Restriction Roadmap under the EU Chemicals Sustainable Development Strategy.

The strategy identifies flame retardants, their potential hazards, and information gaps. It aims to avoid regrettable substitutions through grouping and provide companies with more predictability by increasing the transparency of potential regulatory actions. In future regulatory needs (ARN) assessments, flame retardants other than halogens or organophosphorus will continue to be evaluated.