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On March 15, 2023, ECHA published the Regulatory Roadmap for Flame Retardant to identify aromatic brominated flame retardant as a candidate for an EU-wide restriction. This would minimize the exposure of people and the environment to these persistent, potentially bioaccumulative and toxic substances.
Some further preparatory work is required before a potential restriction proposal. This work could include the assessment of the waste stage for flame retardants. An evaluation of the availability of suitable alternative substances or materials may also be incorporated.
ECHA has mainly assessed the regulatory needs for halogenated (including brominated) and organophosphorus flame retardants, which account for approximately 70% of the market.
Aromatic brominated flame retardants
A wide and generic restriction is proposed to cover all aromatic brominated flame retardants that are confirmed or will be confirmed to be persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB) through harmonized classification or identification as substances of very high concern (SVHC).
The Roadmap mainly focuses on 12 brominated flame retardants known to or potentially possess PBT/vPvB properties as follows:
| Substance group | EC No. | Current status | Examples for uses |
TBBPA and its derivates | 201-236-9 (TBBPA); 221-346-0; 244-617-5; 306-832-3; 500-107-7; 926-564-6; 944-461-4 | Pending data generation (testing results for TBBPA are expected by the end of 2024 and the substance evaluation (SEV) conclusions by early 2026) |
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Brominated phthalates | 247-426-5; 428-050-2; 616-436-5; 242-604-9 |
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Brominated diphenyl ethyls | 284-366-9 (DBDPE) | SEV for the assessment of bioaccumulation is ongoing. The conclusion may be available in 2023 |
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Aliphatic brominated and organophosphorus flame retardants
The hazard profile is more diverse for the aliphatic brominated and the organophosphorus flame retardants. More data is needed to determine if any restriction action is necessary. These data are expected to be available from 2024 onwards, and ECHA suggests reassessing the situation for these groups in 2025.
However, for 2 reactive aliphatic brominated flame retardants (confirmed genotoxic carcinogens), a restriction targeting professional uses could already be considered. They are:
2,2 bis(bromomethyl) propane-1,3-diol (BMP)
2,2- dimethylpropan-1-ol, tribromo derivative (TBNPA)
Notably, no regulatory action is recommended for several groups of organophosphorus flame retardants, since no or low hazards are identified at the time. For chlorinated flame retardants, no further action is identified since they are already sufficiently regulated.
Background As one of the actions under the Chemical Strategy for Sustainability (CSS), the European Commission has prepared a Restrictions Roadmap to prioritise substances with specific hazards for (group) restrictions under REACH. The Commission has requested ECHA to be actively involved in several work areas to support the implementation of the Strategy, including the preparation of a Restriction Roadmap.
The Restrictions Roadmap sets out a Rolling List in which restrictions are planned, prepared and progressed. Flame retardants are included in Pool 1 (Planned restrictions not yet on the Registry of Intentions (RoI) for restriction) of the Rolling List. |
