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ECJ Backs Ban on Halogenated Flame Retardants – Industry Loses Desperate Attempt at Challenging EU



On 16 March 2022, the European Court of Justice ruled that an EU ban on halogenated flame retardants is in conformity with the law. The phase-out was approved in 2019 under the Ecodesign Directive.


In 2019, the European Commission banned the use of halogenated flame retardants in the enclosures and stands of electronic displays under an ecodesign regulation covering electronic displays, including televisions, monitors and digital signage displays. [1] The Commission listened to calls for a ban from NGOs and a number of Member States. The ban entered into force on 1 March 2021. The Bromine Science and Environnemental Forum (BSEF), an industry lobby, challenged the decision of the Commission before the ECJ. In a ruling published yesterday [1], the ECJ dismissed the industry claims. The court deemed that halogenated flame retardants were banned fairly because of the ‘disadvantages’ they cause ‘in terms of the recycling capacity of the plastics into which they are incorporated’.


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