Mr. Janez Potočnik, European Commissioner for the Environment
European Commission Rue de la Loi 200, B- 1049 Brussels CC: Mr. Hans-Christian Eberl Brussels 25 October 2013 EU Commission still fails to prioritize brominated flame retardants in electronics products for restriction: International concerns grow that the EU RoHS Directive will not protect global health nor support innovation in safer substitutes Dear Commissioner Potočnik, This is a follow up to the letter we sent you on July 22 from over 100 civil society groups around the world. We are collectively writing again – this time with almost 160 signatures, to register our ongoing deep concerns with the revised proposal for prioritizing hazardous materials for future restrictions. We acknowledge and welcome the Commission’s listing of PVC on the priority list since PVC presents hazards during its manufacturing, use and end of life phase plus it is a well known precursor to the formation of chlorinated dioxins/furans. It is important that PVC is therefore assessed at the upcoming stakeholder meeting on October 28, 2013. However, the Commission is still not comprehensively addressing the pr oblem of brominated and chlorinated flame retardants as a class of hazardous materials. This is particularly perplexing because the EU Commission’s own consultants have demonstrated that these substances fulfill the criteria for restriction and should be prioritised for evaluation due to the methodology developed. The proposed piecemeal approach prioritizes a small number of obscure and less significant chemicals that will not solve the health and environmental challenges posed by the entire class. As Chemsec points out: no groups have been included on the prioritisation list even though the report clearly shows that brominated and chlorinated flame-retardants (BFRs and CFRs), as well as organochlorines, organobromines and chloroalkanes, fulfil the criteria of the RoHS directive and have representative substances that meet the human health or environmental hazard criteria set out in the methodology. A group approach to CFRs and BFRs is essential for many reasons. Numerous studies have demonstrated the potential for the formation of halogenated dioxins/furans for a diverse range of BFRs, including emerging BFRs (such as BTBPE). It is well documented that chlorinated materials such as PVC together with brominated materials can generate chlorinated, brominated and mixed chlorobromo dioxins during end of life treatment. Animal studies have shown that exposure to PBDD/Fs and mixed chlorinated-brominated dioxins and furans can result in toxicity to the immune system, the reproductive system and the developing foetus during pregnancy and that they should be considered as being capable of causing cancer in humans. Exposure to all BFRs occurs not only in sub-standard treatment of e-waste where extremely high levels of BFRs and chloro-bromo dioxins have been found in countries outside the European Union.
Exposure also occurs within the formal recycling industry in Europe. Studies have demonstrated higher levels of BFRs in the blood of workers at an e-waste recycling facility in Sweden and Norway and elevated levels of BFRs including the ‘emerging’ brominated flame retardants, BTBPE and DBDPE have also been reported in air samples collected at a European plant involved in the recycling of e waste, particularly in the vicinity of shredding equipment. By not adopting this group approach to brominated flame retardants the Commission also fails to support innovation by leading companies within the sector which are phasing out this entire group of chemicals of concern with safer substitutes. Leading companies such as Dell, Hewlett-Packard and Apple have already prioritized PVC and BFRs as a class and in many cases have already replaced them. As Apple states: Apple has eliminated BFRs from thousands of components, putting us years ahead of others in our industry. In the majority of our markets, we now offer PVC-free cables, and we will continue to bring these cables to other regions as we receive certifications. HP has clearly stated that RoHS must support the restriction of PVC and all BFRs: HP believes other substances should be considered for inclusion in future RoHS legislation. This includes the restriction of polyvinyl chloride (PVC) and brominated flame retardants (BFRs) from electrical and electronic products (EEE). HP believes PVC and BFRs should be the focus for the restriction of chlorine (Cl) and bromine (Br) from electrical and electronic products, where technically feasible. Dell has a similar policy: Dell believes that legislation, such as the EU RoHS Directive, plays an important role in promoting industry-wide transition to restrict substances of concern. Dell continues to support the inclusion of BFRs and PVC in future EU RoHS Recasts, provided that some critical issues can be overcome or addressed by specific exemptions. Companies which have already invested in safer chemistries have expressed the need for regulatory support from the EU for these green chemistry efforts. By taking a single substance approach the Commission would be undermining these leadership efforts and could be promoting regrettable substitution where companies simply adopt an emerging, untested BFR as a replacement. We believe that it is a classic and fundamental role for regulation to support the leaders and to bring up the floor, particularly when safer alternatives are already on the market. The best way for this to occur is for the Commission to take a group approach for all BFRs. Finally we note the strong lobby from the chemical industry and are concerned that the Commission is not adequately taking into account the voice of the user community, which RoHS is meant to regulate. We urge the Commission to recognize the voice of leading IT companies who have phased out these hazardous groups of chemicals with transparently safer alternatives in upcoming stakeholder meetings. In conclusion we believe the global public and workers should not be exposed to this group of hazardous flame retardants. We therefore request the Commission to ensure that PVC is assessed and we urge the Commission to include all brominated and chlorinated flame retardants as a group for immediate prioritization for detailed assessment at the stakeholder meeting on October 28, 2013 Yours sincerely,
Jeremy Wates, Secretary General
Annex. Signatories No 1 2 3
Name Valbona Mazreku Prof. Dr. Raúl A. Montenegro Elena Manvelyan, MD, PhD
4 5 6 7 8 9 10 11 12 13 14
Jane Bremmer Anita Chan Jo Immig Lee Bell Andrea Ben Lassoued Matthias Feilhauer Elfriede Schachner Dr. Khawla Al-Muhannadi Tony Musu Vito A. Buonsante Dr. Adetonah Sounkoura
15 16 17 18
Zuleica Nycz Jeffer Castelo Branco Lisette van Vliet Evgenia Tasheva
19 20 21 22 23
Heng Sam Orn Beverley Thorpe Kerry Meydam Kathleen Ruff Glenys Webster
24
Linda Gasser & Louis Bertrand David Wimberly Wang Wei Kungang Li Imogen P. Ingram Claus Jørgensen Lone Mikkelsen Ricardo Navarro Laura Degallaix
25 26 27 28 29 30 31 32 33 34 35 36 37
Anja Leetz E.Odjam-Akumatey Sanjiv Pandita & Omana Geoge Fahmi Panimbang Pui Kwan Liang
38
Raghunath Manwar
Organisation Milieukontakt Presidente de FUNAM (Fundación para la defensa del ambiente) Armenian Women for Health and Healthy Environment (AWHHE) Alliance for a Clean Environment Inc. China Research Centre, University of Technology National Toxics Network Inc. National Toxics Network Clean-IT-campaign at Südwind International Center for Information Ethics Südwind, director Environment Friends Society European Trade Union Institute Lawyer/juriste, Health and Environment Action Group for Promotion and Protection to the Flora and Fauna APROMAC Environment Protection Association Associação de Combate aos Poluentes Health & Environment Alliance (HEAL) Environmental Association Za Zemiata - Friends of the Earth Bulgaria Secretary General of IDEA Clean Production Action Durham Environment Watch Founder & Director, RightOnCanada.ca Simon Fraser University and BC Children and Women's Hospital ZeroWaste4ZeroBurning
Global Village of Beijing Law Professor, Law School of Anhui University Island Sustainability Alliance CIS Inc. Danish Consumer Council The Ecological Council CESTA - Friends of the Earth El Salvador European environmental Citizens Organisation for Standarisation (ECOS) Health Care Without Harm Europe (HCWH) Ecological Restorations Asia Monitor Resource Centre Asia Trans-National Corporation Monitoring Network Students & Scholars Against Corporate Misbehavior (SACOM) Asian Network for Rights of Occupational and Environmental Victims (ANROEV)
Country Albania Argentina Armenia Australia Australia Australia Australia Austria Austria Austria Bahrain Belgium Belgium Benin Brazil Brazil Brussels Bulgaria Cambodia Canada Canada Canada Canada Canada Canada China China Cook Islands Denmark Denmark El Salvador Europe Europe Ghana HK Hong Kong Hong Kong India
39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66
67 68 69 70 71 72
Dr. Ashish Mittal, MBBS, AFIH, DHHM, MBA, LLB Bharati Chaturvedi Laura Ceresna Shweta Narayan
Anibel Ferus-Comelo Priyanka Borpujari Mohit Gupta Jagdish Patel Shibu K. Nair Priti Mahesh Nima Tashi Bhutia Edwin Christiawan Muchammad Darisman Dimu Pratama Ziyad Alawneh Paul Saoke Mageswari Sangaralingam S.M. Mohamed Idris Irene Xavier Sarah Cardona Pedro Antonio Reyes Linares Marisa Jacott Huub Scheele Janna Koppe Pauline Overeem Alexandra Caterbow
74
Dr. Sam Erugo Richard Gutierrez Noel Colina Sonia S. Mendoza Isagani R. Serrano Manny Calonzo and Olga Speranskaya Cecilia V. Tuico & Arnel V Salvador Prof. Jan Grzesik
75 76 77 78 79 80 81 82 83
Susana Fonseca Dr. Olga Speranskaya Olga Speranskaya Jim McCourt Andrew Watterson Mandy Meikle Muna Lakhani Desmond D’Sa Jongyoung Kim, PhD.
73
CEO, OHS-MCS
India
Chintan Environmental Research and Action Group Cividep Community Environmental Monitoring Corporate Accountability Desk, The Other Media Environics Trust Independent Scholar IWMF Elizabeth Neuffer Fellow Occupational and Environmental Health Network of India Peoples Training & Research Center Programme Director (Zero Waste), Thanal Toxics Link Zero Waste Himalayas Group FSPMI Indonesia Ban Asbestos Network Local Initiative OSH Network (LION) Land and Human to Advocate Progress PSR-Kenya Consumers' Association of Penang Sahabat Alam (Friends of the Earth) Women Workers Lead Action For Breast Cancer Foundation Centro de Reflexión y Acción Laboral (CEREAL)
India India India India India India India India India India India India Indonesia Indonesia Indonesia Jordan Kenya Malaysia Malaysia Malaysia Malta Mexico
Directora. Fronteras Comunes A.C. Both ENDS EcoBaby Foundation GoodElectronics Women in Europe for a Common Future
Environmental Law and Management Association, elma Ban Toxics! Institute for Occupational Health and Safety Development Mother Earth Foundation Philippine Rural Reconstruction Movement (PRRM) International Pops Elimination Network Co-chair
Mexico Netherlands Netherlands Netherlands Netherlands, Germany, France Nigeria Philippines Philippines Philippines Philippines Phillipines
Workers Assistance Center, Inc.
Phillipines
Insitute of Occupational Medicine and Environmental Health Quercus - ANCN Eco-Accord International Pops Elimination Network Co-chair PHASE II University of Stirling
Poland
Institute for Zero Waste in Africa South Durban Community Environmental Alliance Assistant Professor, Kyung Hee University
Portugal Russia Russia Scotland Scotland Scotland South Africa South Africa South Korea
84 85 86 87 88 89 90 91 92 93 94 95 96
Jeong-ok Kong Seung Sup Kim Junho Choi Heeyun Kim Jiwon Kim HeeKyoung Chun Irina Rodriguez de la Flor Dolores Romano Nadia Bennich Joan Marc Simon
97 98
Ake Bergman Professor Christina Rudén
99 100 101 102
Michel Guillemin
103
Chou, Kuei Tien
104 105 106
Julia Hsieh Herlin Hsieh Yu-Lin Hu
107
Mwadhini Myanza
108
Panate Manomaivibool
109 110
Semia Gharbi Najwa Bourawi
111
Stuart Davies
Korea Institute of Labor Safety and Health Korea University Korean Federation for Environmental Movements Kyung Hee University Kyung Hee University OhMyNews Director, Organización para la Defensa de la Salud Ecologistas en acción Fundación Vivo Sano, Hogar sin Tóxicos Global Alliance for Incinerator Alternatives (GAIA) Zero Waste Europe National Free Trade Union Department of Materials and Environmental Chemistry Stockholm University Stockholm University Stockholm University, Department of Applied Environmental Science Professor Emeritus, University of Lausanne Caring Association of RCA victims Citizen of the Earth, Taiwan (CET) Department of Public Administration,National Chengchi University National Taiwan University, Graduate Institute of National Development, PCGO, Acer Inc., Consumer Business Unit Taiwan Watch Institute TAVOI （Taiwan Association for Victims of Occupational Injuries） Irrigation Training and Economic Empowerment Organization - IRTECO Institute for the Study of Natural Resources and Environmental Management AEEFG Association pour la Protection de l'Environnement et le Developpement Durable de Bizerte Bradford National Union of Teachers
112
Ralph Ryder
Coordinator, Communities against Toxics
113
Shlomo Dowen
United Kingdom Without Incineration (UKWIN)
114
Stan Mowat
115
Hilda Palmer
National Hazards Campaign UK
116
Jamie Page
The Cancer Prevention and Education Society
117 118 119
María Isabel Cárcamo Debbie Mytels Pamela Miller, Executive Director
RAPAL ACTERRA Alaska Community Action on Toxics
Leon Joseph Ulrika Winnberg
Hua-Mei Chiu Wen Ling Tu
South Korea South Korea South Korea South Korea South Korea South Korea Spain Spain Spain Spain Spain Sri Lanka Sweden Sweden Sweden Switzerland Taiwan Taiwan Taiwan Taiwan Taiwan Taiwan Taiwan Tanzania Thailand Tunisia Tunisia United Kingdom United Kingdom United Kingdom United Kingdom United Kingdom United Kingdom Uruguay USA USA
120
Hilary Nixon, Ph.D.
121 122 123 124 125 126 127
Sarah Westervelt Richard Clapp Kathryn Alcantar Judy Levin Lois Gibbs & Mike Schade Kevin Slaten Antoinette “Toni” Stein PhD
128 129 130 131 132 133 134 135
Barbara Warren Richard Maxwell Kathleen A. Curtis, LPN David Egilman MD, MPH David LeGrande Louie Rocha Becky Bond Steve Mooser
136 137 138 139 140
Stephen Brittle Jeff Gearhart Barbara Kyle Emma Halas-O'Connor Michael Belliveau, Executive Director Eric Lombardi Arlene Blum, PhD Peter Drekmeier Lisa Archer
141 142 143 144 145 146 147 148 149
Celeste Monforton, DrPH, MPH Denny Larson Alan Muller Rick Hind Joan Lichterman*
150 151 152 153 154 155
Tracey Easthope Tom Lent Henry S. Cole, Ph.D. Todd Jailer Ted Smith Peter Olney
156 157 158 159 160 161 162
Jose T. Bravo Richard Moore Colin Price Barby and Vic Ulmer Pat Hill Miriam Lara Dr. Ian Webber, Ph.D., D.Sc
Associate Chair, Department of Urban Planning, San Jose State University Basel Action Network Boston University School of Public Health (Emeritas) Californians for a Healthy and Green Economy Center for Environmental Health Center for Health, Environment & Justice (CHEJ) China Labor Watch Citizens Climate Lobby- Eastbay Group Co-Chair
USA
Citizens' Environmental Coalition City University of New York--Queens College Clean and Healthy New York Clinical Professor Department of Family Medicine Communication Workers of America, H&S Director Communications Workers of America, Local 9423 CREDO Action Director of Health and Safety, Retail, Wholesale & Dept. Store Union/UFCW Don't Waste Arizona Ecology Center Electronics TakeBack Coalition Environmental Health Strategy Center Environmental Health Strategy Center
USA USA USA USA USA USA USA USA
Executive Director, Eco-Cycle Executive Director, Green Science Policy Institute Former Mayor, Palo Alto, California Friends of the Earth US, Director, Food and Technology Program George Washington University School of Public Health
USA USA USA USA
Global Community Monitor Green Delaware, Executive Director Greenpeace USA, Legislative Director Univ of Cal Professional & Technical Employees,Health & Safety Director Health Care Without Harm Healthy Building Network Henry S Cole Environmental Associates Hesperian Health Guides International Campaign for Resonsible Technology International Longshore and Warehouse Union (Director of organizing) Just Transition Alliance Los Jardines Institute Oregon Environmental Council Our Developing World PC PRIDE People's Health Movement Polygon Business Services
USA USA USA USA
USA USA USA USA USA USA USA
USA USA USA USA USA
USA
USA USA USA USA USA USA USA USA USA USA USA USA USA
163 164
Brent Blackwelder Andrew Szasz
165 166
168 169 170 171
Ted Schettler Theo Colborn PhD, President Carol Kwiatkowski, PhD & Lynn Carroll, Ph.D. Robin Schneider Juan Parras Annie Leonard Eduardo Siqueira MD, ScD
172
Craig Slatin, Sc.D., MPH
173 174 175 176
Professor Paul Connett Gail Bateson Ellen Connett David Azoulay
167
President Emeritus, Friend of the Earth US Professor and Chair, Department of Environmental Studies, University of California, Santa Cruz Science and Environmental Health Network TEDX (The Endocrine Disruption Exchange)
USA USA
TEDX, The Endocrine Disruption Exchange
USA
Texas Campaign for the Environment Texas Environmental Justice Advocacy Services The Story of Stuff Project Univ of Massachusetts Boston, College of Public and Community Service (CPCS) University of Massachusetts Lowell, Professor, Department of Community Health and Sustainability Director, Work on Waste Worksafe, Executive Director Manager, Fluoride Action Network Center for International Environmental Law (CIEL)
USA USA USA USA
* = For identification purposes only
USA USA
USA USA USA USA USA/ Switzerland