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 problem 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 chloro-bromo 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 Name Organisation Country

1 Valbona Mazreku Milieukontakt Albania

2 Prof. Dr. Raúl A. Montenegro

Presidente de FUNAM (Fundación para la defensa del ambiente)

Argentina

3 Elena Manvelyan, MD, PhD Armenian Women for Health and Healthy Environment (AWHHE)

Armenia

4 Jane Bremmer Alliance for a Clean Environment Inc. Australia

5 Anita Chan China Research Centre, University of Technology Australia

6 Jo Immig National Toxics Network Inc. Australia

7 Lee Bell National Toxics Network Australia

8 Andrea Ben Lassoued Clean-IT-campaign at Südwind Austria

9 Matthias Feilhauer International Center for Information Ethics Austria

10 Elfriede Schachner Südwind, director Austria

11 Dr. Khawla Al-Muhannadi Environment Friends Society Bahrain

12 Tony Musu European Trade Union Institute Belgium

13 Vito A. Buonsante Lawyer/juriste, Health and Environment Belgium

14 Dr. Adetonah Sounkoura Action Group for Promotion and Protection to the Flora and Fauna

Benin

15 Zuleica Nycz APROMAC Environment Protection Association Brazil

16 Jeffer Castelo Branco Associação de Combate aos Poluentes Brazil

17 Lisette van Vliet Health & Environment Alliance (HEAL) Brussels

18 Evgenia Tasheva Environmental Association Za Zemiata - Friends of the Earth Bulgaria

Bulgaria

19 Heng Sam Orn Secretary General of IDEA Cambodia

20 Beverley Thorpe Clean Production Action Canada

21 Kerry Meydam Durham Environment Watch Canada

22 Kathleen Ruff Founder & Director, RightOnCanada.ca Canada

23 Glenys Webster Simon Fraser University and BC Children and Women's Hospital

Canada

24 Linda Gasser & Louis Bertrand

ZeroWaste4ZeroBurning Canada

25 David Wimberly Canada

26 Wang Wei Global Village of Beijing China

27 Kungang Li Law Professor, Law School of Anhui University China

28 Imogen P. Ingram Island Sustainability Alliance CIS Inc. Cook Islands

29 Claus Jørgensen Danish Consumer Council Denmark

30 Lone Mikkelsen The Ecological Council Denmark

31 Ricardo Navarro CESTA - Friends of the Earth El Salvador El Salvador

32 Laura Degallaix European environmental Citizens Organisation for Standarisation (ECOS)

Europe

33 Anja Leetz Health Care Without Harm Europe (HCWH) Europe

34 E.Odjam-Akumatey Ecological Restorations Ghana

35 Sanjiv Pandita & Omana Geoge

Asia Monitor Resource Centre HK

36 Fahmi Panimbang Asia Trans-National Corporation Monitoring Network Hong Kong

37 Pui Kwan Liang Students & Scholars Against Corporate Misbehavior (SACOM)

Hong Kong

38 Raghunath Manwar Asian Network for Rights of Occupational and Environmental Victims (ANROEV)

India

39 Dr. Ashish Mittal, MBBS, AFIH, DHHM, MBA, LLB

CEO, OHS-MCS India

40 Bharati Chaturvedi Chintan Environmental Research and Action Group India

41 Laura Ceresna Cividep India

42 Shweta Narayan Community Environmental Monitoring India

43 Corporate Accountability Desk, The Other Media India

44 Environics Trust India

45 Anibel Ferus-Comelo Independent Scholar India

46 Priyanka Borpujari IWMF Elizabeth Neuffer Fellow India

47 Mohit Gupta Occupational and Environmental Health Network of India India

48 Jagdish Patel Peoples Training & Research Center India

49 Shibu K. Nair Programme Director (Zero Waste), Thanal India

50 Priti Mahesh Toxics Link India

51 Nima Tashi Bhutia Zero Waste Himalayas Group India

52 Edwin Christiawan FSPMI Indonesia

53 Muchammad Darisman Indonesia Ban Asbestos Network Indonesia

54 Dimu Pratama Local Initiative OSH Network (LION) Indonesia

55 Ziyad Alawneh Land and Human to Advocate Progress Jordan

56 Paul Saoke PSR-Kenya Kenya

57 Mageswari Sangaralingam Consumers' Association of Penang Malaysia

58 S.M. Mohamed Idris Sahabat Alam (Friends of the Earth) Malaysia

59 Irene Xavier Women Workers Lead Malaysia

60 Sarah Cardona Action For Breast Cancer Foundation Malta

61 Pedro Antonio Reyes Linares

Centro de Reflexión y Acción Laboral (CEREAL) Mexico

62 Marisa Jacott Directora. Fronteras Comunes A.C. Mexico

63 Huub Scheele Both ENDS Netherlands

64 Janna Koppe EcoBaby Foundation Netherlands

65 Pauline Overeem GoodElectronics Netherlands

66 Alexandra Caterbow Women in Europe for a Common Future Netherlands, Germany, France

67 Dr. Sam Erugo Environmental Law and Management Association, elma Nigeria

68 Richard Gutierrez Ban Toxics! Philippines

69 Noel Colina Institute for Occupational Health and Safety Development Philippines

70 Sonia S. Mendoza Mother Earth Foundation Philippines

71 Isagani R. Serrano Philippine Rural Reconstruction Movement (PRRM) Philippines

72 Manny Calonzo and Olga Speranskaya

International Pops Elimination Network Co-chair Phillipines

73 Cecilia V. Tuico & Arnel V Salvador

Workers Assistance Center, Inc. Phillipines

74 Prof. Jan Grzesik Insitute of Occupational Medicine and Environmental Health

Poland

75 Susana Fonseca Quercus - ANCN Portugal

76 Dr. Olga Speranskaya Eco-Accord Russia

77 Olga Speranskaya International Pops Elimination Network Co-chair Russia

78 Jim McCourt PHASE II Scotland

79 Andrew Watterson University of Stirling Scotland

80 Mandy Meikle Scotland

81 Muna Lakhani Institute for Zero Waste in Africa South Africa

82 Desmond D’Sa South Durban Community Environmental Alliance South Africa

83 Jongyoung Kim, PhD. Assistant Professor, Kyung Hee University South Korea

84 Jeong-ok Kong Korea Institute of Labor Safety and Health South Korea

85 Seung Sup Kim Korea University South Korea

86 Junho Choi Korean Federation for Environmental Movements South Korea

87 Heeyun Kim Kyung Hee University South Korea

88 Jiwon Kim Kyung Hee University South Korea

89 HeeKyoung Chun OhMyNews South Korea

90 Irina Rodriguez de la Flor Director, Organización para la Defensa de la Salud Spain

91 Dolores Romano Ecologistas en acción Spain

92 Nadia Bennich Fundación Vivo Sano, Hogar sin Tóxicos Spain

93 Joan Marc Simon Global Alliance for Incinerator Alternatives (GAIA) Spain

94 Zero Waste Europe Spain

95 Leon Joseph National Free Trade Union Sri Lanka

96 Ulrika Winnberg Department of Materials and Environmental Chemistry Stockholm University

Sweden

97 Ake Bergman Stockholm University Sweden

98 Professor Christina Rudén Stockholm University, Department of Applied Environmental Science

Sweden

99 Michel Guillemin Professor Emeritus, University of Lausanne Switzerland

100 Caring Association of RCA victims Taiwan

101 Hua-Mei Chiu Citizen of the Earth, Taiwan (CET) Taiwan

102 Wen Ling Tu Department of Public Administration,National Chengchi University

Taiwan

103 Chou, Kuei Tien National Taiwan University, Graduate Institute of National Development,

Taiwan

104 Julia Hsieh PCGO, Acer Inc., Consumer Business Unit Taiwan

105 Herlin Hsieh Taiwan Watch Institute Taiwan

106 Yu-Lin Hu TAVOI （Taiwan Association for Victims of Occupational

Injuries）

Taiwan

107 Mwadhini Myanza Irrigation Training and Economic Empowerment Organization - IRTECO

Tanzania

108 Panate Manomaivibool Institute for the Study of Natural Resources and Environmental Management

Thailand

109 Semia Gharbi AEEFG Tunisia

110 Najwa Bourawi Association pour la Protection de l'Environnement et le Developpement Durable de Bizerte

Tunisia

111 Stuart Davies Bradford National Union of Teachers United Kingdom

112 Ralph Ryder Coordinator, Communities against Toxics United Kingdom

113 Shlomo Dowen United Kingdom Without Incineration (UKWIN) United Kingdom

114 Stan Mowat United Kingdom

115 Hilda Palmer National Hazards Campaign UK United Kingdom

116 Jamie Page The Cancer Prevention and Education Society United Kingdom

117 María Isabel Cárcamo RAPAL Uruguay

118 Debbie Mytels ACTERRA USA

119 Pamela Miller, Executive Director

Alaska Community Action on Toxics USA

120 Hilary Nixon, Ph.D. Associate Chair, Department of Urban Planning, San Jose State University

USA

121 Sarah Westervelt Basel Action Network USA

122 Richard Clapp Boston University School of Public Health (Emeritas) USA

123 Kathryn Alcantar Californians for a Healthy and Green Economy USA

124 Judy Levin Center for Environmental Health USA

125 Lois Gibbs & Mike Schade Center for Health, Environment & Justice (CHEJ) USA

126 Kevin Slaten China Labor Watch USA

127 Antoinette “Toni” Stein PhD Citizens Climate Lobby- Eastbay Group Co-Chair USA

128 Barbara Warren Citizens' Environmental Coalition USA

129 Richard Maxwell City University of New York--Queens College USA

130 Kathleen A. Curtis, LPN Clean and Healthy New York USA

131 David Egilman MD, MPH Clinical Professor Department of Family Medicine USA

132 David LeGrande Communication Workers of America, H&S Director USA

133 Louie Rocha Communications Workers of America, Local 9423 USA

134 Becky Bond CREDO Action USA

135 Steve Mooser Director of Health and Safety, Retail, Wholesale & Dept. Store Union/UFCW

USA

136 Stephen Brittle Don't Waste Arizona USA

137 Jeff Gearhart Ecology Center USA

138 Barbara Kyle Electronics TakeBack Coalition USA

139 Emma Halas-O'Connor Environmental Health Strategy Center USA

140 Michael Belliveau, Executive Director

Environmental Health Strategy Center USA

141 Eric Lombardi Executive Director, Eco-Cycle USA

142 Arlene Blum, PhD Executive Director, Green Science Policy Institute USA

143 Peter Drekmeier Former Mayor, Palo Alto, California USA

144 Lisa Archer Friends of the Earth US, Director, Food and Technology Program

USA

145 Celeste Monforton, DrPH, MPH

George Washington University School of Public Health USA

146 Denny Larson Global Community Monitor USA

147 Alan Muller Green Delaware, Executive Director USA

148 Rick Hind Greenpeace USA, Legislative Director USA

149 Joan Lichterman* Univ of Cal Professional & Technical Employees,Health & Safety Director

USA

150 Tracey Easthope Health Care Without Harm USA

151 Tom Lent Healthy Building Network USA

152 Henry S. Cole, Ph.D. Henry S Cole Environmental Associates USA

153 Todd Jailer Hesperian Health Guides USA

154 Ted Smith International Campaign for Resonsible Technology USA

155 Peter Olney International Longshore and Warehouse Union (Director of organizing)

USA

156 Jose T. Bravo Just Transition Alliance USA

157 Richard Moore Los Jardines Institute USA

158 Colin Price Oregon Environmental Council USA

159 Barby and Vic Ulmer Our Developing World USA

160 Pat Hill PC PRIDE USA

161 Miriam Lara People's Health Movement USA

162 Dr. Ian Webber, Ph.D., D.Sc Polygon Business Services USA

163 Brent Blackwelder President Emeritus, Friend of the Earth US USA

164 Andrew Szasz Professor and Chair, Department of Environmental Studies, University of California, Santa Cruz

USA

165 Ted Schettler Science and Environmental Health Network USA

166 Theo Colborn PhD, President

TEDX (The Endocrine Disruption Exchange) USA

167 Carol Kwiatkowski, PhD & Lynn Carroll, Ph.D.

TEDX, The Endocrine Disruption Exchange USA

168 Robin Schneider Texas Campaign for the Environment USA

169 Juan Parras Texas Environmental Justice Advocacy Services USA

170 Annie Leonard The Story of Stuff Project USA

171 Eduardo Siqueira MD, ScD Univ of Massachusetts Boston, College of Public and Community Service (CPCS)

USA

172 Craig Slatin, Sc.D., MPH University of Massachusetts Lowell, Professor, Department of Community Health and Sustainability

USA

173 Professor Paul Connett Director, Work on Waste USA

174 Gail Bateson Worksafe, Executive Director USA

175 Ellen Connett Manager, Fluoride Action Network USA

176 David Azoulay Center for International Environmental Law (CIEL) USA/ Switzerland

* = For identification purposes only