Marketing and Use of Pentabromodiphenyl Ether, Octabromodiphenyl Ether in Scotland
Chapter 1: Summary of Proposals
What is being consulted on?
Transposition of EC Directive 2003/11/EC into Regulations for Great Britain which place controls on releases of pentabromodiphenyl ether and octabromodiphenyl ether).
Why are changes required?
A risk assessment for penta-BDPE carried out under Council Regulation (EEC) 793/93 has been published by the European Commission. This assessment has identified unacceptable risks to the environment and a concern regarding exposure of breast-fed children to penta-BDPE.
Who will the proposals affect?
The transposition of the EC Directive in the proposed Regulations will affect suppliers of penta-BDPE and alternative flame retardants, producers of flexible polyurethane foam products containing penta-BDE and companies using polyurethane foam in finished products (e.g. furniture manufacturers).
What will be the financial impact of the changes?
The costs to manufacturers of polyurethane foam products will be high. The costs incurred by users of finished products are expected to be minimal. See draft regulatory impact assessment (RIA) in Chapter 5.
How will the proposals be taken forward?
Subject to any comments arising from consultation, it is recommended that Directive 793/93/EC, on the marketing and use of pentabromodiphenyl ether, is enacted into national law by means of the Regulations which are reproduced at Annex I. The power to do this is conferred by section 2(2) of the European Communities Act 1972 and this is the manner in which the United Kingdom normally fulfils its obligations to transpose European Community directives into national law.
When are comments required by?
Comments are required by 20 January 2004 in order to allow views to be considered in advance of final negotiations.
What questions are asked?
Q: Do consultees have any comments on the draft regulations attached at Annex I?
Q: Do consultees agree with the conclusions of the Regulatory Impact Assessment attached at Annex II?