ECHA begins work on restriction dossier for brominated flame retardants and organophosphorus flame retardants risk analysis

On 18 December 2024, the European Chemicals Agency (ECHA) submitted to the Commission an investigation report on aromatic brominated flame retardants (ABFR), highlighting that the use of these substances as non-polymeric additives in articles poses significant environmental risks, as they exhibit persistent, bioaccumulative, and toxic (PBT) properties or are very persistent and very bioaccumulative (vPvB). The report also noted that some alternatives to ABFR, including organophosphorus flame retardants (OPFR), may present hazardous characteristics for human health and the environment, with a higher tendency to migrate from polymers.

Considering these findings, the Commission has given ECHA a dual mandate:

1. Preparation of a restriction dossier on non-polymeric additive ABFR, in accordance with Annex XV of the REACH Regulation;
2. Preparation of an investigation report on organophosphorus flame retardants (OPFR) and other flame retardants.

Preparation of a restriction dossier on non-polymeric additive ABFR

The following substances fall within the scope of this mandate:

1. 1,1'-(ethane-1,2-diyl)bis[pentabromobenzene] (DBDPE, EC 284-366-9) and any other substance containing ≥ 0.1% (w/w) of DBDPE;
2. Bis(2-ethylhexyl) tetrabromophthalate and any other substance containing ≥ 0.1% (w/w) of bis(2-ethylhexyl) tetrabromophthalate;
3. 1,1'-(ethane-1,2-diylbisoxy)bis[2,4,6-tribromobenzene] (BTBPE, EC 253-692-3) and any other substance containing ≥ 0.1% (w/w) of BTBPE.

All three substances listed above are already included in the Candidate List.

The categories of articles concerned include:

• Electrical and electronic equipment (EEE) – all 11 categories under Directive 2011/65/EU;
• Construction materials (Regulation (EU) 305/2011);
• Textile products (Regulation (EU) 1007/2011).

ECHA must also assess whether other substances in the ABFR group exhibit PBT/vPvB properties, analyze the feasibility of including substances that may be classified as PBT/vPvB in the future and consider the socio-economic impacts of a possible restriction. ECHA plans to submit the draft restriction dossier by December 2026.

Preparation of an investigation report on organophosphorus flame retardants (OPFR) and other flame retardants

The report will be divided into two parts:

• first report (by December 2026): focus on organophosphorus flame retardants (OPFR) and other flame retardants identified as alternatives to ABFR, assessing their risks to health and the environment and including technical and economic aspects;
• second report (by December 2027): comprehensive analysis of OPFR in all applications, including impacts on waste management and recycling. The report will support the Commission in deciding whether ECHA should be mandated to prepare a restriction dossier on OPFR and what the scope of such a mandate should be.

Overall, this initiative represents a crucial step toward reducing environmental and health risks associated with brominated flame retardants, while ensuring that substitution occurs safely. The goal is not only to limit hazardous substances but also to prevent undesirable substitutions with equally problematic alternatives, such as certain organophosphorus flame retardants.

We recommend that all companies in the affected sectors - particularly those in electronics, electromechanics, manufacturers of electrical and electronic equipment, as well as those in construction and textiles and their supply chains - carefully assess the potential implications of these measures. It is essential to map the presence of the substances targeted by these initiatives within your products to understand the impact of a possible future ban.