European Bromine Council legally challenges European Commission ban on halogenated flame retardants in enclosures of electronic displays

The International Bromine Council (BSEF) has lodged formal proceedings with the European Court of Justice in Luxembourg against the European Commission with respect to its recently published regulation on Ecodesign requirements electronic displays.

BSEF disagrees with the regulation’s unprecedented and unwarranted restriction on halogenated flames retardants for electronic display enclosures.

BSEF considers the ban unlawful as the European Commission exceeded the limits of its competence, under the EU Ecodesign Directive 2009/12, by imposing restrictions on an entire class of substances that are within the scope, and controlled by other specific EU legislations.

BSEF has also said that the European Commission failed to take relevant information into account, did not conduct an appropriate impact assessment and breached the general EU law principles of legal certainty, proportionality, and equal treatment.

Dr Kevin Bradley, Secretary General of the BSEF, said: “Flame retardants are one of the critical tools to ensure product safety. These substances prevent electronics from becoming a source of fire.”

“Halogenated flame retardants are among the best performing chemistries for electronics and eliminating their use, particularly where other regulatory regimes already permit and regulate their use in displays, does not represent sound public policy.”

“Our submissions to the Commission on these aspects have unfortunately not been heeded and as such, we are obliged to resort to this legal action.”