Regulatory

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Members of pinfa share the common vision of continuously improving the environmental and health profile of their flame retardant products. This means going beyond EU and global chemicals regulations.

PIN flame retardants are non-halogenated . Regulations, driven by environmental and health safety objectives, are increasingly limiting the use of halogenated flame retardants and so inciting industry to develop alternative PIN fire safety solutions.

All current PIN flame retardants are not PBT (persistent, bioaccumulative, and toxic) and are not vPvB (very persistent and very bioaccumulative), nor CMR cat 1 or 2.

pinfa is working closely with ECHA (European Chemicals Agency) to implement the “Regulatory strategy for flame retardants”.

ECHA identifies most PIN flame retardants as low hazard, no regulatory action foreseen at this stage including mineral, nitrogen, inorganic phosphate and several types of organophosphorus FR.

ECHA proposes to evaluate “a wide and generic restriction” (under REACH) for all aromatic brominated FRs (with conditions) and calls for more data on aliphatic brominated FRs and some organophosphorus FRs.  Chlorinated FRs are considered to be already restricted or regulatory measures are already initiated.

The Strategy also notes that in addition to regulatory measures under REACH, the European Commission may introduce requirements on flame retardants in products under the Ecodesign Regulation, similar to the exclusion of all halogenated flame retardant in enclosures and stands of electronic displays (see pinfa Newsletters n°s 136 and 108).

pinfa is actively collecting information and inputting to the ECHA Regulatory Strategy for Flame Retardants process/ ECHA “Regulatory strategy for flame retardants”, March 2023

Regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH) in Europe

REACH, the European Chemicals Regulation (1907/2006) is the main EU law to protect human health and the environment from the risks that can be posed by chemicals. REACH aims to ensure that chemicals used in Europe do not harm health or the environment, as well as enhancing innovation and competitiveness. It is the world’s most demanding chemicals legislation and an important driver towards sustainable chemicals which can fulfil vital functions for society, such as fire safety, whilst achieving consumer confidence. All PIN flame retardants have been registered under REACH.

REACH ensures transparent, public information about all chemicals used in Europe as information concerning all chemicals produced or imported by any company at > 1 tonne/year  is published on the ECHA public (European Chemical Agency) website.  However, such information is not available on chemicals present in ‘articles’ imported into Europe (for example, flame retardants in imported electronic equipment). Any chemical of concern (SVHC) imported above 0.1% in an article needs to notified to the ECHA database in Helsinki.

 

Restriction of certain Hazardous Substances in Electric and Electronic Equipment Directive (RoHS)

The Restriction of certain Hazardous Substances in Electric and Electronic Equipment Directive  (RoHS, 2011/65/EU) specifically bans certain brominated flame retardants (PBBs, PBDEs including DecaBDE), heavy metals and certain  phthalates

Waste Electrical and Electronic Equipment Directive (WEEE)

The Waste Electrical and Electronic Equipment Directive (2012/19/EU) requires (Annex VII) that certain substances and materials must be removed for selective treatment. This concerns certain components containing PCBs, mercury, asbestos, CFCs and “plastic containing brominated flame retardants”.

Ecodesign for Sustainable Products Regulation (ESPR)

.Under this regulation, EU Ecodesign criteria can be fixed  for certain product groups, and these criteria are obligatory for all products sold in Europe. ey . e ESPR aims to significantly improve the circularity, energy performance and other environmental sustainability aspects of products placed on the EU market.  r  e.g. chemicals that are harmful to human health and the environment are being restricted.  monitors bythe Ecodesign criteria for electronic displays (October 2019)  This ban was validated by the European General Court (CURIA T-113/20 23 March 2022)

 

Classification, Labelling, and Packaging of Substances and Mixtures Regulation (CLP)

CLP aligns the EU system for classifying chemicals with the UN’s Globally Harmonized System (GHS).   Some PIN flame retardants are classified as hazardous and must be labelled accordingly.

Waste Framework Directive

This Directive governs waste management and promotes recycling within the EU.  Some flame are not allowed, particularly when they affect recycling and recovery processes, or contain hazardous substances.

International Regulation

For ‘articles’ imported into Europe, flame retardants are regulated by

UNEP POP Regulation (Persistent Organic Pollutants) Stockholm Convention lists a number of halogenated flame retardants:  PBBs, PBDEs including DecaBDE, SCCPs ( short chain chlorinated paraffins),  HBCD, with others under consideration (Dechlorane Plus).

REACH “Restriction” and SVHC status of flame retardants

Flame retardants “Restricted ” under Annex 17 of REACH https://echa.europa.eu/fr/substances-restricted-under-reach  (that is effectively banned except in specific “authorised” uses):

  • For skin contact (e.g. textiles): Tris (aziridinyl phosphinoxide, Tris (2,3 dibromopropyl ) phosphate (TRIS), Polybromobiphenyls (PBB)
  • In cellulose insulation materials: ammonium salts.
  • Polybrominated diphenyls: Penta-, Octa- and DecaBDE were on Annex XVII, but now covered under Stockhom POPs convention.
  • Flame retardants which are candidates for “Substances of Very High Concern” (SVHC) or have been confirmed and included in Annex 14 of REACH*   (the Authorisation list). These substances will be subject to Restriction, if not already Restricted:
    • TBBPA = Tetrabromobisphenol-A (carcinogenic)
    • BEHTBP = Bisethylhexyltetrabromophthalate (vPvB)
    • BTBPE = Bistribomophenoxyethane (vPvB)
    • HBCD* = Hexabromocyclododecane (PBT)
    • TBNPA = Tribomoneopentylalcohol (carcinogenic)
    • SCCP = Short chain chlorinated paraffins (PBT, vPvB)
    • MCCP = Medium chain chlorinated paraffins (PBT, vPvB)
    • Dechlorane plus (vPvB)
    • TCEP* = Tris(2-chloroethyl) phosphate (toxic for reproduction)
    • Boric acid and *sodium salts (toxic for reproduction)
    • TXP* = Trixylyl phosphate (toxic for reproduction)
    • Melamine (equiv. level of concern)

Legend: P = persistent, B = bioacculative, T = toxic, v = very

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