UNITED
NATIONS
SC
UNEP/POPS/POPRC.12/5
Distr.: General
10 June 2016
Stockholm Convention
on Persistent Organic
Pollutants
Original: English
Persistent Organic Pollutants Review Committee
Twelfth meeting
Rome, 19–23 September 2016
Item 4 (c) (i) of the provisional agenda*
Technical work: consideration of recommendations to the
Conference of the Parties: decabromodiphenyl ether
(commercial mixture, c-decaBDE)
Additional information on decabromodiphenyl ether
(commercial mixture, c-decaBDE) for the further defining of
some critical spare parts in the automotive and aerospace
industries and on the use in textiles in developing countries
Note by the Secretariat
I.
Introduction
1.
At its eleventh meeting, the Persistent Organic Pollutants Review Committee adopted decision
POPRC-11/1 on decabromodiphenyl ether (commercial mixture, c-decaBDE) (see
UNEP/POPS/POPRC.11/10, annex I) by which the Committee decided to recommend to the
Conference of the Parties that it consider listing decabromodiphenyl ether (BDE-209) of c-decaBDE in
Annex A to the Convention with specific exemptions for some critical spare parts, to be defined, for
the automotive and aerospace industries.
2.
By paragraph 3 of the decision, the Committee invited parties and observers, including from the
automotive and aerospace industries, to provide information that would assist the further defining by
the Committee of such critical spare parts and invited parties and observers from small and
medium-sized enterprises of the textile industry in developing countries to provide information on the
use of decabromodiphenyl ether in the textile industry before 31 January 2016.
3.
By paragraph 5 of the decision, the Committee decided to establish an intersessional working
group to assess the information provided with the intention of strengthening the recommendation on
the listing of the chemical for consideration at its twelfth meeting.
4.
The draft assessment of additional information on decabromodiphenyl ether (commercial
mixture, c-decaBDE) for the further defining of some critical spare parts in the automotive and
aerospace industries and on the use in textiles in developing countries prepared by the intersessional
working group is set out in document UNEP/POPS/POPRC.12/INF/9. The summary, conclusion and
recommendations of the draft assessment are set out in the annex to the present note without formal
editing.
* UNEP/POPS/POPRC.12/1.
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5.
A compilation of information provided by parties and observers and a compilation of comments
and responses relating to the draft assessment are set out in documents
UNEP/POPS/POPRC.12/INF/10 and UNEP/POPS/POPRC.12/INF/11, respectively.
II.
Proposed action
6.
The Committee may wish:
(a)
To review the draft assessment of additional information on decabromodiphenyl ether
(commercial mixture, c-decaBDE) for the further defining of some critical spare parts in the
automotive and aerospace industries and on the use in textiles in developing countries set out in the
annex to the present note and in document UNEP/POPS/POPRC.12/INF/9;
(b)
To consider strengthening its recommendation to the Conference of the Parties on listing
decabromodiphenyl ether in Annex A to the Convention, including by defining some critical spare
parts in the automotive and aerospace industries.
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Annex
Summary, conclusion and recommendations of the draft assessment
of additional information on decabromodiphenyl ether (commercial
mixture, c-decaBDE) for the further defining of some critical spare
parts in the automotive and aerospace industries and on the use in
textiles in developing countries1
Summary
1.
By its decision POPRC-11/1, the Persistent Organic Pollutant Review Committee invited
further information on some critical spare parts in the automotive and aerospace industry requiring the
continued use of c-decaBDE with the purpose of assisting the Committee in further defining such parts
and strengthening the decision on listing for consideration at POPRC-12. In addition, Parties and
Observers from small and medium-size enterprises in the textile industry in developing countries were
invited to provide information on the use of c-decaBDE in textiles.
2.
The information from the risk management evaluation and this intersessional work confirms
that substitution of c-decaBDE is possible and that phase-out of c-decaBDE is ongoing in both the
automotive and aerospace industry. The submitted information may allow the Committee to further
define critical spare parts in the automotive industry. No additional information indicating any use of
c-decaBDE in textiles produced by small and medium-size enterprises in developing countries was
submitted.
3.
For the automotive industry, the intersessional work confirms that the production and use of
c-decaBDE for some critical spare parts can be further defined and limited to spare parts for use in
legacy vehicles i.e. vehicles that have ceased mass production prior to July 2018. New information
identifies three groups of legacy spare parts that the European automotive industry considers critical.
The European Car Manufacturers Association (ACEA) on behalf of their members, requests an
exemption for these legacy spare parts in vehicles that have ceased mass production before July 2018
(ACEA 2016). However, access to generic spare parts and the possibility of retrofitting some of these
parts suggests that it may be possible to further narrow and/ or specify the uses identified as critical by
ACEA. The Canadian Vehicle Manufacturers Association (CVMA) on the other hand requests a wider
exemption, which includes an exemption for all service and replacement parts for up to 15 years and
for new cars until 2021 (CVMA 2016). It should be noted, however, that the wider exemption
requested by CVMA was also requested in advance of POPRC-11 and the information provided in
support of the exemption was part of the information forming the basis for the decision making at
POPRC-11.
4.
The justifications for the exemptions provided by both industry associations relates to technical,
practical and economic issues. Estimates for Europe provided by ACEA, indicates that the
consumption of c-decaBDE under their suggested definition of critical spare parts will likely be
limited but will continue for a maximum of 10 years should the suggested definition of some critical
legacy spare parts in an exemption be granted. Global estimates for use and emissions of c-decaBDE
from such use are not available. Consumption and emission estimates for the wider exemption
scenario, which includes all spare parts, as suggested by CVMA, are not available. According to
ACEA and CVMA, the use in legacy spare parts is expected to be highest in the early years after the
entry into force and to decline progressively. While ACEA has identified some spare parts they
consider critical, such information was not provided by CVMA. The information provided by CVMA
and ACEA has not been verified by independent sources.
5.
The proposed critical spare parts suggested by ACEA for civilian vehicles also cover the
majority of possible applications on military vehicles (UK 2016). However, in military vehicles
c-decaBDE is also used in other components which would not be critical on a civilian vehicle. For this
reason, the UK suggests an exemption from the Annex A listing for critical, non-automotive, electrical
and electronic systems for use on vehicles and intended for military purposes (e.g. arms, ammunitions
and war material).
1
The summary, conclusion and recommendations are reproduced as set out in the draft assessment contained in
UNEP/POPS/POPRC.12/INF/9, which has not been formally edited.
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UNEP/POPS/POPRC.12/5
6.
No detailed suggestions to assist in further defining critical spare parts in the aerospace industry
have become available. However, some of the product types identified to contain c-decaBDE like
carpets, life vests and seat coverings, seem less critical. Overall, the submitted information suggests
that the phase-out of decaBDE in new aircrafts by 2018 is widely supported but that there are regional
differences in the ability to achieve phase out in existing aircraft types. The Boeing Company expects
a phase-out of c-decaBDE to be possible by 2018, the year when the global restriction on c-decaBDE
could enter into force, should the Parties agree to list c-decaBDE at the Conference of the Parties in
2017. The expected phase-out also includes all spare parts, even though a narrow exemption in this
case is not fully excluded by The Boeing Company. On the other hand, submissions by the UK, the
European Association for AeroSpace and Defence industries (ASD) and the Trade Organisation for the
Aerospace, Defence, Security and Space sectors in the UK (ADS) suggest a continued need for the use
of c-decaBDE in all spare parts for producing existing aircraft types in Europe (ASD 2016, ADS 2016,
UK 2016). ASD request a derogation for the continued use of c-decaBDE in spare parts for existing
aircraft types for the remainder of their product lives. Another option suggested is to postpone
significantly the proposed date of entry into force to at least 2025.
7.
The available information does not indicate any use of c-decaBDE in textile production in
small and medium-size enterprises in developing countries.
Conclusion and recommendations
8.
The Persistent Organic Pollutants Review Committee has decided to recommend to the
Conference of the Parties that it consider listing decabromodiphenyl ether (BDE-209) of c-decaBDE in
Annex A to the Convention, with specific exemptions for some critical spare parts, to be further
defined, for the automotive and aerospace industries.
9.
For the automotive industry, the production and use of c-decaBDE could be limited to parts for
use in legacy vehicles, defined as vehicles that have ceased mass production prior to July 2018, and be
in one or more of the following categories:
(a)
Powertrain & under hood applications for example: battery mass wire, battery
interconnection wire, mobile air-conditioning (MAC) pipe, powertrain, exhaust manifolds bushings,
under hood insulation, wiring and harness under hood (engine wiring etc.), speed sensors, hoses, fan
modules, knock sensors;
(b)
Fuel System applications for example: fuel hoses, fuel tank, fuel tank under body;
(c)
Pyrotechnical devices and applications affected by pyrotechnical devices for example:
air bag ignition cable, seat cover/ fabric (only if airbag relevant), airbags (front and side).
10.
Knowing that generic parts for cars in general are available and noting that some of the above
spare parts could possibly be retrofitted to legacy car models, it may be possible to limit the specific
exemptions for civilian cars even further than described above.
11.
With regards to military vehicles, an exemption from the Annex A listing for critical,
non-automotive, electrical and electronic systems for use on vehicles and intended for military
purposes (e.g. arms, ammunitions and war material) has been proposed.
12.
For the aerospace industry a phase-out of c-decaBDE in new aircraft types by 2018 is widely
supported, while conflicting information is provided by the aerospace and defence industry in Europe
and North America concerning existing aircraft types. The Boeing Company expects a complete
phase-out of c-decaBDE to be possible by the entry into force of a possible amendment of Annex A,
while an exemption for the continued use of c-decaBDE in all spare parts for existing aircraft types for
the remainder of their product lives is requested by the European industry. Some information about
c-decaBDE containing spare parts used in existing aircraft types was given by the aerospace industry,
however, the information does not allow the further defining by the Committee of critical spare parts.
13.
The available information does not indicate any use of c-decaBDE in the textile production in
small and medium size enterprises in developing countries. Based on this it can be concluded that
there is no apparent need for an exemption for such use.
14.
A key obstacle towards a complete phase-out of c-decaBDE within 2018 in vehicles and in
aircrafts appears to be the costs. In addition, the industry have concerns regarding technical- and
practical challenges related to the substitution including the testing and certification scheme that has to
be applied.
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15.
As elaborated in the risk management evaluation, labelling of newly produced articles
containing c-decaBDE could be useful when articles become waste, noting the implementation
challenges.
16.
The committee should consider including the above information in their recommendation to the
Conference of the Parties.
5