Posted on 08/04/2022 in Fire Safety Regulatory 2022
EU court confirms halogenated FR ban

The European General Court has validated the EU Ecodesign Regulation ban on halogenated FRs in TV and monitor cases. The Court has dismissed a challenge brought by BSEF, an industry group whose members are four companies manufacturing brominated flame retardants FRs (Br-FRs). The EU Ecodesign Regulation 2019/2021, applicable since March 2021, bans halogenated flame retardants in the enclosure and stand of all TVs and electronic displays > 100 cm2 sold in Europe (see pinfa Newsletter n°108).The Court rejected the suggestion that all brominated FRs cannot be banned using the Ecodesign Regulation because other EU regulations might be more appropriate (e.g. RoHS, REACH). The Court concludes that the ban of all Br-FRs in parts of TVs and monitors is not contradictory with wider restrictions of specific Br-FRs in all electronic equipment under RoHS. The Court also judges that the Commission engaged necessary prior consultations and took sufficient account of relevant information in deciding this Ecodesign ban on all halogenated FRs (as applicable), that it is legally valid to ban all halogenated FRs as a group, that this ban as applicable is “proportionate” given the objective of increasing the recycling rate for plastics in electronics components.

“EU court dismisses challenge to ban on sales of TVs with halogenated flame retardants”, Chemical & Engineering News, 23 March 2022
CURIA Case Law: European General Court (8th Chamber), case T-113/20, 16 March 2022 “Energy – Directive 2009/125/EC – Ecodesign requirements for electronic displays – Regulation (EU) 2019/2021 – Ban on halogenated flame retardants in the enclosure and stand of electronic displays – Competence of the author of the act – Manifest error of assessment – Legal certainty – Proportionality – Equal treatment)”, BSEF v. European Commission”

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