European Commission published Regulation (EU)2016/293 to added the entry for HBCDD in Annex I of 850/2004/EC on March 2, 2016. Hexabromocyclododecane equal to or below 100 mg/kg (0,01 % by weight) when it occurs in substances, preparations, articles or as constituents of the flame-retarded parts of articles are allowed. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union, and will review by the Commission by 22 March 2019.
25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8
Requirement and Specific Exemption on intermediate use or other specifications
1. For the purposes of this entry, Article 4(1)(b) shall apply to concentrations of hexabromocyclododecane equal to or below 100 mg/kg (0,01 % by weight) when it occurs in substances, preparations, articles or as constituents of the flame-retarded parts of articles, subject to review by the Commission by 22 March 2019.
2.The use of hexabromocyclododecane, whether on its own or in preparations, in the production of expanded polystyrene articles, and the production and placing on the market of hexabromocyclododecane for such use, shall be allowed provided that such use has been authorised in accordance with Title VII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (1), or is the subject of an application for authorisation submitted by 21 February 2014 where a decision on that application has yet to be taken.
3.Without prejudice to the exemption in paragraph 2, the placing on the market and use in buildings of expanded polystyrene articles and extruded polystyrene articles that contain hexabromocyclododecane as a constituent of such articles and are produced before or on 22 March 2016 shall be allowed until 22 June 2016. Paragraph 6 shall apply as if such articles were produced pursuant to the exemption in paragraph 2.
4.Articles that contain hexabromocyclododecane as a constituent of such articles and are already in use before or on 22 March 2016 may continue to be used and further placed on the market and paragraph 6 shall not apply. Article 4(2), third and fourth subparagraphs shall apply to such articles.
5. The placing on the market and use in buildings of imported expanded polystyrene articles that contain hexabromocyclododecane as a constituent of such articles shall be allowed until the date of expiry of the exemption in paragraph 2 and paragraph 6 shall apply as if such articles were produced pursuant to the exemption in paragraph 2. Such articles already in use by that date may continue to be used.
6.Without prejudice to the application of other Union provisions on the classification, packaging and labelling of substances and mixtures, expanded polystyrene, in which hexabromocyclododecane is used pursuant to the exemption in paragraph 2, must be identifiable by labelling or other means throughout its life cycle.
HBCDD has always been highly concerned, Enterprises are advised to improve the production process and monitor the critical process to meet the requirements of EU regulations. Companies are also advised to conduct supply chain survey and choose qualified materials to avoid the recalled of export commodities due to the HBCDD issue.