MEPs in flame row with Commission

By Roger Falk

Date: 21/04/05

A dispute over whether or not to ban a flame-retarding chemical from electronic goods has thrown a spotlight on tensions between the European Parliament and the European Commission over their respective regulatory powers.

At a meeting of a Commission-chaired committee of national experts on Tuesday (19 April), there was no qualified majority for or against a proposal to amend an annex of the restrictions on hazardous substances (RoHS) directive.

The change would permit the controversial flame retardant deca-BDE - regarded by some as a health risk - to be used in computers.

Sweden and Finland oppose the exemption and it is understood that Germany, Belgium and the Netherlands abstained from the vote at the Technical Adaptation Committee (TAC).

René Montaigne of chemical industry organisation Cefic said the group "welcomes this step forward towards adoption of deca-BDE's exemption from the RoHS directive".

The issue will now be reconsidered by member states in the Council of Ministers. If no deal is reached after three months the Commission will take a decision.

Green MEP Satu Hassi, vice-president of the Parliament's environment committee, warned that MEPs "will not tolerate an exemption of deca-BDE".

Genon K. Jensen of the EPHA Environment Network said that the Commission would now have "a renewed chance" to show that the Commission was taking concerns about deca-BDE seriously.

The Commission can propose changes to the annexes to the directive, after consulting the relevant committees. The Parliament has a balancing power of oversight but this has not been forcefully used. At the Strasbourg session last week, the assembly adopted a resolution accusing the Commission of exceeding its executive powers.

The resolution condemned an earlier TAC recommendation to exempt substances such as mercury and cadmium from the RoHS directive. The move forces the Commission either to rescind or amend the decision, or risk legal action in the European Court of Justice. It would be for the Parliament's legal affairs committee to initiate such action. A Commission spokeswoman would not comment on the MEPs' criticisms.

The Commission can make exemptions from the RoHS directive provided there are no feasible alternatives. MEPs say substitutes are available for the substances, including deca-BDE. Green MEPs believe that the Commission is using comitology procedures - the decision-making by regulatory sub-committees - to water down environmental laws with exemptions.

The disputes could have knock-on effects for discussion of the REACH directive (Registration, Evaluation and Authorisation of Chemicals). The principle of replacing dangerous substances as soon as there are alternatives - substitution - is a major issue in the REACH discussions.

• Roger Falk is a freelance journalist based in Brussels.

Article reports on a dispute between the European Parliament and the European Commission over whether or not to ban deca-BDE, a flame-retarding chemical which is regarded by some as a health risk, from electronic goods. At a meeting of the Technical Adaptation Committee (TAC) there was no qualified majority for or against the ban.