| Party |
Party response |
Decision |
Date published |
| Argentina |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
i. Parts for use on legacy vehicles, defined as vehicles that have ceased mass production, such as parts falling into one or more of the following categories: - Powertrain and underhood applications, such as battery mass wires, battery interconnection wires, mobile air conditioning pipes, powertrains, exhaust manifold bushings, underhood insulation, wiring and harness underhood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors; - Fuel system applications such as fuel hoses, fuel tanks and fuel tanks underbody; - Pyrotechnic devices and applications affected by pyrotechnic devices, such as airbag ignition cables, seat fabrics/covers (only if airbag relevant), and airbags (front and side); - Fastening and vehicle interior applications, such as moldings, acoustic materials and seat belts. ii. Parts in vehicles falling in one or more of the following categories: - Reinforced plastics (instrument panels and interior trim); - Under the hood or dash (terminal/fuse blocks, high amperage wires and cable jacketing (spark plug wires)); - Electric and electronic equipment (battery cases and trays, engine control electrical connectors, radio disks components, navigation satellite systems, global positioning systems and computer systems); - Textiles, such as rear deckss, upholstery, headliners, automobile seats, headrests, visors, trim panels, carpets. Specific exemptions for parts specified in above items i. and ii. shall expire at the end of the service life of legacy vehicles or in 2036, whichever comes earlier. iii. Spare parts for aircraft for which type approval has been requested before December 2018 and has been received before December 2022 shall expire at the end of the service life of those aircraft; iv. Textile products require anti-flammable characteristics, excluding clothing and toys; v. Additives in plastic housings and parts used for heating home appliances, irons, fans, immersion heaters that contain or are in direct contact with electrical parts or are required to comply with fire retardancy standards, at concentrations lower than 10% by weight of the part; vi. Polyurethane foam for building insulation. | Legislative or administrative measures:
Resolution MAyDS No. 451/2019. |
|
| Australia |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
That the introduction has been approved by the Executive Director of the Australian Industrial Chemicals Introduction Scheme (AICIS) in writing before the industrial chemical is introduced; and that the person keep the records relating to the introduction of the chemical (Industrial Chemicals (General) Rules 2019, Chapter 6, Part 2, Sections 71 and 74). | Legislative or administrative measures:
Industrial Chemicals (General) Rules 2019 implemented on 1 July 2020. |
|
| Botswana |
Final decision |
No consent to import |
12/06/2023 |
Legislative or administrative measures:
Administrative measure to protect public health. |
|
| Brazil |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
Parts for use in legacy vehicles, defined as vehicles that have ceased mass production, and with such parts falling into one or more of the following categories: (i) Powertrain and under- hood applications such as battery mass wires, battery interconnection wires, mobile air- conditioning (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors; (ii) Fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body; (iii) Pyrotechnical devices and applications affected by pyrotechnical devices such as air bag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side); (iv) Suspension and interior applications such as trim components, acoustic material and seat belts. Parts in vehicles specified above and those falling into one or more of the following categories: (i) Reinforced plastics (instrument panels and interior trim); (ii) Under the hood or dash (terminal/fuse blocks, higher-amperage wires and cable jacketing (spark plug wires)); (iii) Electric and electronic equipment (battery cases and battery trays, engine control electrical connectors, components of radio disks, navigation satellite systems, global positioning systems and computer systems); (iv) Fabric such as rear decks, upholstery, headliners, automobile seats, head rests, sun visors, trim panels, carpets. | Legislative or administrative measures:
Legislative or administrative measures: Brazil is a Party to the Stockholm Convention on Persistent Organic Pollutants, which was approved in Brazil through Decree n 5.472 of 20 June 2005. Decabromodiphenyl ether (decaBDE or BDE-209) was listed in Annex A (Elimination) of the Stockholm Convention under the group of industrial POPs. Brazil registered for specific exemptions pursuant to paragraph 3 of Article 4 of the text of the Stockholm Convention on Persistent Organic Pollutants. |
|
| Cabo Verde |
Interim decision |
No consent to import |
12/06/2023 |
| Canada |
Final decision |
No consent to import |
12/06/2023 |
Legislative or administrative measures:
The Prohibition of Certain Toxic Substances Regulations, 2012 (SOR/2012-285), the Regulations, made under subsection 93(1) of the Canadian Environmental Protection Act, 1999 (CEPA). http://laws-lois.justice.gc.ca/eng/regulations/SOR-2012-285/index.html The Regulations prohibit the manufacture, use, sale, offer for sale and import of decaBDE, and all products that contain decaBDE with a limited number of exemptions, listed below and in the Other remarks section. The Regulations do not prohibit: -The import, manufacture, use, sale and offer for sale of decaBDE or a product containing it, if decaBDE is incidentally present; -The import, manufacture, use, sale or offer for sale of a manufactured item containing decaBDE. Under the Regulations, a manufactured item is a product that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design. | Remarks:
The Prohibition of Certain Toxic Substances Regulations, 2012, the Regulations, do not apply to any toxic substance that is: a)contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of Canadian Environmental Protection Act, 1999 applies; b)contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; c)present as a contaminant in a chemical feedstock that is used in a process from which there are no releases of the toxic substance and on the condition that the toxic substance is destroyed or completely converted in that process to a substance that is not a toxic substance set out in either Schedule 1 or 2 of the Regulations; or d)to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard. |
|
| Cuba |
Final decision |
No consent to import |
12/06/2023 |
Legislative or administrative measures:
Resolution 253 of 2021 of the Ministry of Science, Technology and Environment "Regulations for the management of hazardous chemicals for industrial use, population consumption and hazardous waste." |
|
| El Salvador |
Final decision |
No consent to import |
12/12/2023 |
Legislative or administrative measures:
Substance regulated by the Stockholm Convention on Persistent Organic Pollutants. Import, manufacture, commercialization and use are prohibited under Agreement No. 152 of the Environment and Natural Resources Department, published in the Official Gazette No. 236, Volume 429, of November 26, 2020. |
|
| European Union |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
(1) Under Part A of Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.06.2019, p. 45), the placing on the market and use of decabromodiphenyl ether (decaBDE) is only allowed, by way of derogation: (a) in the manufacturing of an aircraft, for which type approval has been applied for before 2 March 2019 and has been received before December 2022, until 18 December 2023, or, in cases where the continuing need is justified, until 2 March 2027; (b) in the manufacturing of spare parts for either of the following: (i) an aircraft, for which type approval has been applied for before 2 March 2019 and has been received before December 2022, produced before 18 December 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft; (ii) motor vehicles within the scope of Directive 2007/46/ EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263 9.10.2007, p. 1) (OJ L 169, 25.6.2019, p. 45), produced before 15 July 2019, either until 2036 or the end of service life of those motor vehicles, whichever date comes earlier; (c) in electric and electronic equipment within the scope of Directive 2011/65/EU. (2) The specific exemptions for spare parts for use in motor vehicles referred to in point (1) (b)(ii) shall apply for the manufacturing and use of commercial decaBDE falling into one or more of the following categories: (a) powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors; (b) fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body; (c) pyrotechnical devices and applications affected by pyrotechnical devices, such as airbag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side). (3) The exemption granted under point (1)(c) is subject to the following conditions, as regards the use of commercial decaBDE in electric and electronic equipment that falls within the scope of Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174 1.7.2011, p. 88): (a) The import of decabromodiphenyl ether is only allowed for placing on the market and use in cables or spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity of the following: (i) electrical and electronic equipment (EEE) placed on the market before 1 July 2006; (ii) medical devices placed on the market before 22 July 2014; (iii) in vitro diagnostic medical devices placed on the market before 22 July 2016; (iv) monitoring and control instruments placed on the market before 22 July 2014; (v) industrial monitoring and control instruments placed on the market before 22 July 2017; (vi) all other EEE that did not fall under the scope of Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 037, 13.2.2003, p.19) and that was placed on the market before 22 July 2019; (vii) EEE which benefited from a specific exemption and which was placed on the market before that exemption expired, as far as that specific exemption is concerned. (b) For the purposes of point (a), spare parts are defined as a separate part of an EEE that can replace a part of an EEE. The EEE cannot function as intended without that part of the EEE. The functionality of EEE is restored or is upgraded when the part is replaced by a spare part. | Legislative or administrative measures:
In the Union, the manufacturing, placing on the market and use of decabromodiphenyl ether are, subject to certain exemptions, prohibited pursuant to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (OJ L 169, 25.06.2019, p. 45). |
|
| Indonesia |
Interim decision |
Consent to import only subject to specified conditions |
12/06/2023 |
Conditions for import:
This chemical has to complete the notification process prior to its import. This chemical must be registered to Ministry of Environment and Forestry before being distributed or used. |
|
| Montenegro |
Final decision |
No consent to import |
12/12/2023 |
Legislative or administrative measures:
Law on chemicals ('Official Gazette of Montenegro' No. 051/17), Article 44, Article 47, Article 48 Decabromodiphenyl ether is not entered in the list of registered chemicals in Montenegro. 1) It is prohibited to produce and place on the market decaBDE as an individual substance after March 2, 2019. 2) It is forbidden to use in production and put on the market decaBDE in: a) another substance, as its constituent part; b) mixes; 33 c) the product or any of its parts, in a concentration of at least 0.1% by mass, after March 2, 2019. 3) Prohibitions from subsection 1 and 2 of this point do not apply to a substance, a constituent part of another substance or a mixture that will be used or is being used: a) in the production of aircraft before March 2, 2027. ; b) in the production of spare parts for one of the following: - aircraft manufactured before March 2, 2027.; - motor vehicles, tractors for agriculture and forestry manufactured before March 2, 2019. 4) Subpoint 2 of paragraph c) these points do not apply to: a) products placed on the market before March 2, 2019; b) aircraft manufactured in accordance with subparagraph 3 of subparagraph a) of this point; c) spare parts of aircraft, vehicles or machines produced in accordance with subparagraph 3 of subparagraph b) of this point; g) electrical and electronic equipment. 5) For the purposes of this regulation, an aircraft is a civil or military aircraft. |
|
| New Zealand |
Final decision |
No consent to import |
12/06/2023 |
Legislative or administrative measures:
Decabromodiphenyl ether is listed as a persistent organic pollutant (POP) in Schedule 2A of the Hazardous Substances and New Organisms Act 1996 (HSNO Act). Under section 25A of the HSNO Act it is prohibited to be imported or manufactured or used. This includes manufactured articles containing this substance. Exceptions apply to the import or manufacture of small quantities for use as an analytical standard or for research and development in a laboratory, or the import for environmentally sound disposal, or where it is present as an unintentional trace contaminant in products and articles. An 'articles in use' notification has been made to the Secretariat of the Stockholm Convention for decabromodiphenyl ether used as an additive in plastics (such as in electrical and electronic equipment, wires, cables and pipes), in textiles (such as in carpets, upholstery, window blinds and curtains and mattresses), and in adhesives, sealants and coatings - present in New Zealand before 18 December 2018. Specific exemption notifications have also been made to the Secretariat of the Stockholm Convention in accordance with Article 4 of the Convention for: (a) parts for use in vehicles, including vehicles containing those parts; and (b) aircraft for which type approval has been applied for before December 2018 and has been received before December 2022 and spare parts for those aircraft. | Remarks:
Decabromodiphenyl ether is also listed in Schedule 1: Stockholm chemicals of the Import and Exports (Restrictions) Prohibition Order (No 2) 2004. It may not be exported unless a permit is issued by the Environmental Protection Authority, which is subject to particular conditions and restrictions. |
|
| Nicaragua |
Interim decision |
No consent to import |
12/06/2023 |
| North Macedonia |
Interim decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
In Accordance with the provisions of part IX of Annex A to the Stockholm Convention on the Persistent Organic Pollutants, specific exemptions are: Parts for use in vehicles specified in paragraph 2 of Part IX of this Annex Aircraft for which type approval has been applied for before December 2018 and has been received before December 2022 and spare parts for those aircraft Textile products that require anti-flammable characteristics, excluding clothing and toys Additives in plastic housings and parts used for heating home appliances, irons, fans, immersion heaters that contain or are in direct contact with electrical parts or are required to comply with fire retardancy standards, at concentrations lower than 10 per cent by weight of the part Polyurethane foam for building insulation. | Remarks:
Law on chemicals (Official Gazette of RM Official Gazette of RM 145/10; 164/13; 116/15; 149/15; 37/16) According to Article 4, paragraph 1, point 4, of the Law on chemicals, the List of banned and restrictions of the use of chemicals it is published. The List of banned and restrictions of the use of chemicals beside others contain the list of POPs substances subject to banns and restrictions. The list it is amended continuously and Decabromodiphenyl ether (decaBDE) will be added. According to the Article 58 of the Law on chemicals, the legal entities which manufacture hazardous chemicals bust be licensed for manufacturing of dangerous chemicals. According to Article 83, paragraph 1 of the Law on chemicals, placing certain hazardous chemicals on market must be performed by legal entities who have a permit for performing trade of extremely hazardous chemicals. No one legal entities are licensed for Decabromodiphenyl ether (decaBDE). |
|
| Norway |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
As specified in Regulation (EU) 2019/1021 in Chapter 4 of the "Regulations related to restriction on manufacture, import, export, sales and use of chemicals and other products hazardous to health and environment (Products Regulation)" by the Ministry of Environment. Act no 922 of 1 June 2004. These restrictions shall not apply to products that were in use in Norway before 15 July 2019. The use and the first placing on the mark et of the following items, as well as the use of the substances and preparations needed to produce them remain allowed: a. in the manufacturing of an aircraft, for which type approval has been applied for before 2 March 2019 and has been received before December 2022, until 18 December 2023, or, in cases where the continuing need is justified, until 2 March 2027; b. in the manufacturing of spare parts for either of the following: (i) an aircraft, for which type approval has been applied for before 2 March 2019 and has been received before December 2022, produced before 18 December 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft; (ii) motor vehicles within the scope of Directive 2007/46/EC of the European Parliament and of the Council, produced before 15 July 2019, either until 2036 or the end of service life of those motor vehicles, whichever date comes earlier; c. electric and electronic equipment within the scope of Directive 2011/65/EC. | Legislative or administrative measures:
In Norway decaBDE is regulated according to Regulation (EU) 2019/1021 in Chapter 4 of the "Regulations related to restriction on manufacture, import, export, sales and use of chemicals and other products hazardous to health and environment (Products Regulation)" by the Ministry of Environment. Act no 922 of 1 June 2004. 1. Production, placing on the market and use of decaBDE, as a substance, in mixtures or as constituents of articles, is prohibited by Regulation (EC) No 2019/1021 with a maximum concentration limit 10 mg/kg (0,001 % by weight). 2. Maximum concentration limit of 500 mg/kg where apply for the sum of tetra-, penta-, hexa-, hepta- and decaBDE, where they are present in substances, mixtures or articles, subject to review and assessment by the Commission by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment. The prohibition does not apply when these substances (a) are used for laboratory-scale research or as a reference standard; (b) occur as an unintentional trace contaminant in substances, preparations, articles. 3. By way of derogation, the manufacturing, placing on the market and use of decaBDE shall be allowed for the following purposes, provided that Member States report to the Commission by December 2019 in accordance with the Convention: a. in the manufacturing of an aircraft, for which type approval has been applied for before 2 March 2019 and has been received before December 2022, until 18 December 2023, or, in cases where the continuing need is justified, until 2 March 2027; b. in the manufacturing of spare parts for either of the following: (i) an aircraft, for which type approval has been applied for before 2 March 2019 and has been received before December 2022, produced before 18 December 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft; (ii) motor vehicles within the scope of Directive 2007/46/EC of the European Parliament and of the Council (2), produced before 15 July 2019, either until 2036 or the end of service life of those motor vehicles, whichever date comes earlier; c. electric and electronic equipment within the scope of Directive 2011/65/EC. 4.The specific exemptions for spare parts for use in motor vehicles shall apply for the manufacturing and use of commercial decaBDE falling into one or more of the following categories: (a) powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (engine wiling, etc.), speed sensors, hoses, fan modules and knock sensors; (b) fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body; (c) pyrotechnical devices and applications affected by pyrotechnical devices such as airbag ignition cables, seat covers/fabrics, only if airbag relevant and airbags (front and side). 5. Use of articles already in use before 15 July 2019 in the Union containing decaBDE shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles. 6. Without prejudice to the application of other Union provisions on the classification, packaging and labelling of substances and mixtures, articles in which decaBDE is used shall be identifiable by labelling or other means throughout its life cycle. 7. The placing on the market and use of articles containing decaBDE imported for the purposes of the specific exemptions in point 2 shall be allowed until the expiry of those exemptions. Point 6 shall apply as if such articles were produced pursuant to the exemption in point 2. Such articles already in use by the date of expiry of the relevant exemption may continue to be used. 8. For the purposes of this entry 'aircraft' means the following: (a) a civil aircraft produced in accordance with a type certificate issued under Regulation (EC) 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 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. |
|
| Oman |
Final decision |
No consent to import |
12/12/2023 |
Legislative or administrative measures:
According to: 1.Royal Decree No. 46/95 issuing the Law of Handling and Use of Chemicals. 2.Administrative Resolution No. (50/2023) issuing a regulation regulating hazardous chemicals. |
|
| Panama |
Interim decision |
No consent to import |
12/06/2023 |
| Serbia |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
3. Manufacturing, placing on the market and use of decaBDE shall be allowed for the following purposes: (a) in the manufacturing of an aircraft, for which type approval has been applied for before 2nd March 2019 and has been received before 1st December 2022, until 18th December 2023, or, in cases where the continuing need is justified, until 2nd March 2027; (b) in the manufacturing of spare parts for either of the following: (i) an aircraft, for which type approval has been applied for before 2nd March 2019 and has been received before December 2022, produced before 18th December 2023, or, in cases where the continuing need is justified, produced before 2nd March 2027, until the end of service life of that aircraft; (ii) motor vehicles, produced before 2nd March 2022, either until 2036 or the end of service life of those motor vehicles, whichever date comes earlier; (c) electric and electronic equipment in accordance with the regulations regulating the limits of the content of hazardous substances in this type of equipment. 4. The specific exemptions for spare parts for use in motor vehicles referred to in point 3(b)(ii) shall apply for the manufacturing and use of commercial decaBDE falling into one or more of the following categories: (a) powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors; (b) fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body; (c) pyrotechnical devices and applications affected by pyrotechnical devices such as airbag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side). 5. Use of articles already in use before 2nd March 2022 containing decaBDE shall be allowed. 6. In addition to the regulations governing the classification, packaging and labelling of chemicals and certain articles, articles containing decaBDE must contain an additional notice: "Contains decaBDE" in order to identify them during their life cycle. 7. The placing on the market and use of articles containing decaBDE imported for the purposes of the specific exemptions in point 3 shall be allowed until the expiry of those exemptions. Point 6 shall apply as if such articles were produced pursuant to the exemption in point 3. Such articles already in use by the date of expiry of the relevant exemption may continue to be used. | Legislative or administrative measures:
Law on Chemicals (Official Gazette of the RS No. 36/09, 88/10, 92/11, 93/12 and 25/15). Rulebook on Restrictions and Bans of Production, Placing on the Market and Use of Chemicals (Official Gazette of the RS No. 90/13, 25/15, 2/16, 44/17, 36/18, 9/20 and 57/22), Annex 2, List of POPs substances subject to bans 1. Manufacturing, placing on the market and use of substances containing decaBDE as impurity in concentrations equal to or below 10 mg/kg (0,001 % by weight) shall be allowed. 2. Manufacturing, placing on the market and use of mixtures and articles containing polybrominated diphenyl ethers (tetra-, penta-, hexa-, hepta- and decaBDE, PBDEs) as impurity in total concentration up to 500 mg/kg shall be allowed. The rest of the legislative measure is listed in point 4.3. |
|
| Singapore |
Final decision |
Consent to import only subject to specified conditions |
12/06/2023 |
Conditions for import:
A hazardous substance licence is required for the import of the chemical. | Legislative or administrative measures:
The chemical is controlled as a hazardous substance under the Environmental Protection and Management Act (EPMA) and its regulations. A hazardous substance licence is required for the import, export, storage, use and sale. | Remarks:
The National Environment Agency does not have a chemical registration regime but requires companies to possess a valid hazardous substances (HS) licence for the import, export, storage, use and sale of chemicals that are regulated as hazardous substances under the Environmental Protection and Management Act (EPMA) and EPM (HS) regulations. This includes decabromodiphenyl ether. Some illustrations for the application of the imported chemical include calibration standards and laboratory analytical purposes. |
|
| South Africa |
Final decision |
No consent to import |
12/06/2023 |
Legislative or administrative measures:
Government Notice 43747, Regulations to prohibit the production, distribution, import, export, sale, and use of Persistent Organic Pollutants in the Republic of South Africa in terms of the National Environmental Management Act (Act No. 107 of 1998). |
|
| Thailand |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
Imports of decabromodiphenyl ether (CAS No: 1163-19-5) require registration and licensing from the Department of Industrial Works, and must comply with relevant obligations under the Stockholm Convention on POPs. | Legislative or administrative measures:
According to the Hazardous Substance Act, B.E.2535 (1992) and its amendments, and the Notification of Ministry of Industry Subject: List of Hazardous Substances (No.5), B.E. 2562 (2019), decabromodiphenyl ether (CAS No: 1163-19-5) is classified as Category 3 Hazardous Substance, of which the production, import, export, transit or having in possession requires registration and licensing from the responsible agency, namely, the Department of Industrial Works. The Department of Industrial Works takes into account the obligations under the Stockholm Convention on POPs when considering the license application. | Remarks:
DecaBDE was registered by one company seeking to use in the plastic industry, however the permit license was not granted by the Department of Industrial Works, as the company did not pursue to meet the requirements under the Stockholm Convention. |
|
| United Kingdom of Great Britain and Northern Ireland |
Final decision |
Consent to import only subject to specified conditions |
12/12/2023 |
Conditions for import:
The following exemptions are listed in Annex I to the Retained Regulation (EU) 2019/1021 on persistent organic pollutants and apply as specified conditions for the purposes of import consent. 1. For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of decaBDE equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances. 2. For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentrations of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [Secretary of State] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment. 3. By way of derogation, the manufacturing, placing on the market and use of decaBDE are allowed for the following purposes: (a) in the manufacturing of an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, until 18 December 2023, or, in cases where the continuing need is justified, until 2 March 2027; (b) in the manufacturing of spare parts for either of the following: (i) an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, produced before 18 December 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft; (ii) a motor vehicle within the scope of Regulation (EU) 2018/858 of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC and produced before 15 July 2019, either until 2036 or the end of service life of that motor vehicle, whichever date comes earlier; (c) electric and electronic equipment within the scope of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012. 4. The specific exemptions for spare parts for use in motor vehicles referred to in point 3(b)(ii) shall apply for the manufacturing and use of commercial decaBDE falling into one or more of the following categories: (a) powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors; (b) fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body; (c) pyrotechnical devices and applications affected by pyrotechnical devices such as airbag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side). 5. Use of articles already in use before 15 July 2019 in the European Union containing decaBDE shall be allowed. Article 4(2), third and fourth subparagraphs of Regulation (EU) 2019/1021shall apply in relation to such articles. 6. Without prejudice to the application of other [retained EU law] on the classification, packaging and labelling of substances and mixtures, articles in which decaBDE is used shall be identifiable by labelling or other means throughout its life cycle. 7. The placing on the market and use of articles containing decaBDE imported for the purposes of the specific exemptions in point 3 shall be allowed until the expiry of those exemptions. Point 6 shall apply as if such articles were produced pursuant to the exemption in point 3. Such articles already in use by the date of expiry of the relevant exemption may continue to be used. 8. For the purposes of this entry 'aircraft' means the following: (a) a civil aircraft produced in accordance with a type certificate issued under Regulation (EC) 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 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. | Legislative or administrative measures:
The manufacturing, placing on the market and use of bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE) are regulated in the UK under retained Regulation 2019/1021 on persistent organic pollutants. |
|
| Yemen |
Final decision |
No consent to import |
12/12/2023 |
Legislative or administrative measures:
This substance is included in the lists of industrial chemicals, pesticides and hazardous waste that are banned and severely restricted in the Republic of Yemen. | Remarks:
Better assess the risks of Decabromodiphenyl ether and identify the various uses that go into manufacturing this substance, whether directly or indirectly, and the cumulative effects of the substance on the environment, biodiversity, and human health. |
|