DECABROMODIPHENYL ETHER

(commercial mixture, c-decaBDE)

Additional information 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 on decabromodiphenyl ether

Persistent Organic Pollutants Review Committee

15 April 2016

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1. Introduction1. In 2014, the tenth meeting of the Persistent Organic Pollutants Review Committee evaluated the risk profile for decabromodiphenyl ether (commercial mixture, c-decaBDE) (UNEP/POPS/POPRC.10/10/Add.2) and concluded in its decision POPRC-10/2, that c-decaBDE with its main constituent BDE-209 is likely, as a result of its long-range environmental transport, to lead to significant adverse human health and environmental effects, such that global action is warranted.

2. At its eleventh meeting, the Persistent Organic Pollutants Review Committee by its decision POPRC-11/1 adopted the risk management evaluation for decabromodiphenyl ether (commercial mixture, c-decaBDE (UNEP/POPS/POPRC.11/10/Add.1), and decided, in accordance with paragraph 9 of Article 8 of the Convention, 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. By the same decision, it was noted that non-persistent organic pollutant alternatives to decabromodiphenyl ether are available.

3. To assist the Committee in deciding whether c-decaBDE with its main constituent BDE-209 should be listed in Annex A with a specific exemption for production and use of some critical spare parts for the automotive and aerospace industries, Parties and Observers were, by the decision (POPRC-11/1), invited to provide information that would assist the further defining by the Committee of such critical parts. By the same decision, Parties and Observers from small and medium-sized enterprises in the textile industry in developing countries were invited to provide information on the use of c-decaBDE in such enterprises.

4. An intersessional working group was established to assess the information provided in accordance with paragraph 3 above with the intention of strengthening the recommendation on the listing of c-decaBDE with its main constituent BDE-209 for consideration at its twelfth meeting and with the purpose of further narrowing any exemptions for the automotive and aerospace industries.

2. Responses to call for information5. Information was submitted by one Party and four Observers: Ireland, the European Car Manufacturers Association (ACEA), the Canadian Vehicle Manufacturers Association (CVMA), The Boeing Company and the International POPs Elimination Network (IPEN). The information submitted by ACEA, which further narrows the critical spare parts to three groups of legacy spare parts in vehicles that have ceased mass production, is the only information that may be considered new to the Committee (Section 4.1.3). The information submitted by CVMA (2016) and Boeing (2016) was already included in the risk profile and made available to POPRC-11 as a basis for decision POPRC-11/1, but is nonetheless included in this document. The comments and information submitted by IPEN are also reflected in this document. In their submission, IPEN voices a concern that the intersessional work, due to the lack of independent sources of relevant information, will be biased towards industry interest and negative economic consequences for the industry. The submission by Ireland on c-decaBDE in end-of-life vehicles was considered to be outside the scope of the mandate for the intersessional work (POPRC-11/1) and therefore not included in this document. All submissions are available on the Convention web site.

3. Information covered in the document6. The objective of this intersessional work is to define and further narrow, in line with decision POPRC-11/1, the scope of specific exemptions for c-decaBDE. This should be done by identifying and defining some critical spare parts for the automotive and aerospace industries requiring continued use of decaBDE. Furthermore information submitted by Parties or Observers from small and medium-sized enterprises from the textile industry in developing countries on the use of c-decaBDE in these enterprises should also be considered.

7. In line with this, this document presents the information provided in accordance with paragraph 3 above. Furthermore, the document also includes other relevant information such as information from the risk profile (UNEP/POPS/POPRC.10/10/Add.2) and risk management evaluation (UNEP/POPS/POPRC.11/10/Add.1), as well as relevant peer-reviewed scientific literature and grey literature such as reports.

8. Given that no new information on critical uses in the aerospace industry or on use in textiles in small and medium size enterprises in developing countries was submitted, the document focuses on critical spare parts in the automotive industry. Critical spare parts in the aerospace industry as well as use of c-decaBDE in textiles in small and medium size enterprises in developing countries are only considered briefly.

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4. Information relevant to the consideration of the request for exemptions by the automotive and aerospace industries

4.1 The automotive industry4.1.1 Progress towards substitution and elimination of c-decaBDE in the automotive industry9. The risk management evaluation and discussions at POPRC-11 indicated that c-decaBDE may be used in more than 800 individual automotive components, but that substitution and phase-out is feasible as alternatives are available and accessible (ACEA presentation POPRC-11 2015, UNEP/POPS/POPRC.11/10/Add.1, UNEP/POPS/POPRC.11/INF/6).

10. While some car manufacturers, among them ACEA member companies, have already phased-out c-decaBDE and PBDEs (e.g. The Ecology Center 2006, Toyota 2016), others are still in the process of substituting c-decaBDE (ACEA presentation POPRC-11, ACEA 2016, CVMA 2016). At POPRC-11, the 15 global car manufacturers of ACEA (BMW, DAF, Daimler, Ford, Fiat, Chrysler, Opel, Hyundai, Iveco, Jaguar, Land Rover, Peugeot, Citroën, Renault, Toyota, Volkswagen and Volvo) indicated that they will phase-out c-decaBDE at the latest by mid-2018 for cars already in production and for new models. The substitution in progress does not extend to legacy spare parts i.e. parts for cars that are no longer in mass production (ACEA 2016). Although a phase-out of c-decaBDE has been in progress in Canada and the United States for some years (UNEP/POPS/POPRC.11/10/Add.1), CVMA (FCA Canada Inc., Ford Motor Company of Canada, Limited and General Motors of Canada Company) have indicated that they need a minimum of five years i.e. a full design cycle to be able to eliminate a substance for all applications in new vehicle models (CVMA 2016).

11. The car manufacturing industry in Europe and Canada notes that repair parts need to meet the same performance specifications as original parts and claims that substituting c-decaBDE in spare and replacement parts is challenging for several reasons (ACEA 2016, CVMA 2016, ACEA presentation POPRC-11).

12. The auto industry states that service/replacement parts are produced using original tools and production processes (ACEA 2016). The auto industry also states that production is outsourced to small and medium size enterprises which are not capable of re-developing and re-validating the parts and further claims that redevelopment is extremely costly, and that the costs of substitution not can be compensated by the low sales volumes of spare parts. Finally, the auto industry claims that for vehicles that are no longer in mass production the lack of availability of old cars for re-development, re-validation and testing makes substitution difficult (ACEA 2016). However, in spite of ACEA’s claims and although challenging and not without costs to the car manufacturers, replacement of c-decaBDE in spare parts may be possible by retrofitting1 new parts that are validated and tested into older car models (UNEP/POPS/POPRC.11/10/Add.1). Moreover, service and replacement parts that are produced using drop-in alternatives can likely be manufactured without major changes in production processes.

13. According to the automotive industry, typically parts may be built and stocked at the time of vehicle production or built to the original specifications, including compositions, in short production runs after the new vehicle production ends (CVMA 2016). Footnote (ii) of Annex A exempts articles manufactured or already in use before or on the date of entry into force of the regulation for the Parties to the Convention i.e. articles that have been produced but not yet been placed on the market or that are already in use are by default exempted from the Stockholm Convention2.

14. According to the industry, materials of vehicle components are only flame retarded “if absolutely necessary”. Due to the cost of flame retardation, this is limited to parts that are thermally challenged i.e. high operating temperatures, or safety relevant (ACEA 2016). However, in contrast to this statement which suggests that use in cars limited, more than 800 individual automotive components may, as indicated above, be flame retarded with c-decaBDE (ACEA presentation at POPRC-11 2015).

1 Retrofitting describes the measures taken in the manufacturing industry to allow new or updated parts to be fitted to old or outdated assemblies.2 The wording used in footnote (ii) of Annex A of the Stockholm Convention is “This note shall not be considered as a production and use specific exemption for purposes of paragraph 2 of Article 3. Quantities of a chemical occurring as constituents of articles manufactured or already in use before or on the date of entry into force of the relevant obligation with respect to that chemical, shall not be considered as listed in this Annex, provided that a Party has notified the Secretariat that a particular type of article remains in use within that Party. The Secretariat shall make such notifications publicly available;”

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4.1.2 Process for product development and substitution in the automotive industry15. Substitution of currently used materials with less hazardous materials is one of the most effective ways of eliminating or reducing exposure to materials that are toxic or pose other hazards.

16. Chemical substitution can display a wide range of complexity. The larger the number of users and applications of a substance and the broader the scope of changes involved in the substitution, the more challenging substitution can be. However, substitution of a chemical alternative to c-decaBDE in cables or plastics can be broadly applicable to many different types of parts since manufacturing processes will be very similar. The automotive supply chain typically has up to seven tiers. Vehicle manufacturers work with 3,000 suppliers which each may have up to 1,500 sub-suppliers to produce a product that can include more than 8,000 major components (Chemical Watch 2014).

17. The objectives of automotive product development are continuous improvements in quality, safety, and the reduction of the environmental impact throughout the life cycle of the vehicle (GADSL 2016a). If a material’s chemical or physical property needs to be changed, a comprehensive test regime must be employed to ensure the desired performance of the material in the final product (vehicle). The testing may involve as many as five different steps starting with material testing (ACEA 2016):

18. The auto industry uses the Global Automotive Declarable Substance List (GADSL) developed by the US chemical industry. GADSL is a tool that allows the automotive industry to keep track of chemicals and ensure quality along their complex supply chain (from production to the end of life phase) (GADSL 2016a,b). The GADSL is integrated with the automotive industry’s International Material Data System (IMDS), which was launched in 2000 in order to provide efficient legal substance compliance. 58 automotive manufacturers and over

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1. Material testingMaterial testing is undertaken to ensure that the new materials match the performance requirements of the material being replaced. This is mostly performed by the material manufacturer, who is looking to offer a suitable replacement material. This information will be available for legacy spare parts.

2. Component testingComponent testing is then performed to ensure that the component can be manufactured to the required quality and that the component will meet the demands of the specification. In series production, this would be done in partnership with the supplier and the car manufacturer. For legacy spare parts, this information may not be available if production has been passed from a Tier 1 to a small or medium size enterprise.

3. System testIn some instances a system test will be needed to make sure that the part will functions as expected during the lifetime of the complete system. An example of this is engine components, which for system testing is fitted to an engine that is run on a test bed under a variety of operating conditions to ensure performance. This testing can only be performed by the vehicle manufacturer and will, according to car manufaturers, not be possible for legacy spare parts suppliers.

4. Fitting to test vehichlesFinally, these parts then get fitted to test vehicles, to assess the durability of the components under hot and cold climates and extreme loads. The purpose is to ensure that the parts still perform as expected when placed into the hands of the customer.

3. Crash testingVehicles also undergo crash testing. Crash tests are undertaken to make sure that the vehicle will perform satisfactorily in a collision. Vehicle testing is is the responsibility of the vehicle manufacturer. Crash testing is a particular concern for legacy spare parts for vehicles that are no longer in mass production as cars for performing crash tests may no longer available – not even for the vehicle manufacturer.

100,000 registered companies (suppliers) currently use the IMDS as the central system for substance tracking in materials and components (Chemical Watch 2014, GADSL 2016 a,b). 19. PBDEs as a substance group and c-decaBDE (decabromodiphenyl ether CAS no. 1163-19-5) are on the GADSL substances list (GADSL 2016b). The GADSL covers substances that are expected to be present in a material or part that remains in the vehicle or part at the point of sale and that fulfill either of the following criteria (GADSL 2016a):

(a) The substance is regulated, or is projected to be regulated by a governmental agency or authority;

(b) It is demonstrated, by testing under OECD (Organization for Economic Cooperation & Development) guidelines for testing chemicals, conducted under Good Laboratory Practice (according to the OECD Principles on Good Laboratory Practice as revised in 1997), that the substance may be associated with a significant hazard to human health and/or the environment, and its presence in a material or part in a vehicle may create a significant risk to human health and/or the environment. Other scientifically valid methodology, based on the weight of evidence, may also be considered;

(c) A substance that causes a functional problem in vehicle design may be included if its presence in a vehicle part exceeds a level shown to be problematic by an international industry standard test;

(d) Reportable threshold levels will be based on the lowest level required by regulation or reasonably required by scientific evaluation.

(e) Though the GADSL list is intended to foster dialogue, risk-based evaluations and decisions by and within the industry (GADSL 2016a), it can also be a useful tool for substitution though POP properties are not explicitly considered. C-deca-BDE was added to the GADSL in 2005, suggesting long time awareness of the properties of c-decaBDE in the industry.

4.1.3 The automotive industry’s request for exemptions20. Historically c-decaBDE has been used in vehicle wire harnesses, power cords, trim components, some acoustic material, seat belts, seat covers, cooling fans and hoses, heat shrinking tubing, fuel systems, tunnel insulations, and sealing (CVMA 2016, UNEP/POPS/POPRC.11/10/Add.1, UNEP/POPS/POPRC.11/INF/6).

21. The two main sources for c-decaBDE in automotive applications (by weight) were the back coatings of textiles and shrinking tubes in wiring harnesses. Over the past years, the automotive industry has managed to almost completely phase out c-decaBDE in these two applications and thus markedly reduce the total amount of the substance used throughout the sector (ACEA 2016). However, according to ACEA some uses remain. These include applications in the following three categories; powertrain and under hood applications, fuel system and pyrotechnical applications (see Table 1 and 2 below):

Table 1. Remaining uses of c-decaBDE in vehicles parts, and the rationale for that use as critical spare parts according to ACEA.

1. Powertrain & under hood applications

a. A high thermal load during vehicle operation – high risk.

b. Hot spots may be present based on specific vehicle design/airflow – we are not able to carry over test data from vehicle manufacturers’ current vehicle/component tests.

c. Legacy spare part suppliers unable to carry out required testing on system (engine) or whole vehicle.

2. Fuel System applications

a. Safety critical in terms of crash performance – not able to perform vehicle tests on LSPs for vehicles no longer in production.

b. Complex design and challenging performance requirements for materials in contact with a variety of fuels and substrates – a vehicle test is required to ensure robustness and reliability.

3. Pyrotechnical devices and applications affected by pyrotechnical devices

a. Changes affecting the deployment of pyrotechnical devices require extensive validation and verification and may also require vehicle level crash tests.

b. Deployment of the airbag is crucial to maintaining occupant safety in a collision. If a material is changed that the airbag needs to “burst through” then system testing (e.g. of complete seat) is required and also crash testing of the vehicle. Legacy spare part suppliers are not able to perform these

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verification tests.

22. Due to the challenges described in section 4.1.1. and the rationales provided in Table 1 the European vehicle industry considers the continued use of deca BDE in spare parts for these applications as “critical” in cars that have ceased mass production, but not in new car models where c-decaBDE should be phased out not later than by 2018.

23. Based on the above information ACEA proposes the following definition of the exemption when listing c-decaBDE in Annex A of the Convention (ACEA 2016):

“Legacy spare parts for vehicles that have ceased mass production prior to July 2018 shall be exempt from the deca-BDE restriction. This exemption shall only apply to legacy spare parts belonging to one or more of the following groups:

1. Powertrain & under hood application;

2. Fuel System applications;

3. Pyrotechnical devices and applications affected by pyrotechnical devices.”

24. The main historic applications in textiles and shrinking tubes in wiring harnesses would, according to ACEA (2016), not require an exemption unless they are contained in an application belonging to one of the three groups listed above.

25. Besides concerns over technical challenges and outsourcing of production, ACEA arguments that the general exemption for articles in use as specified in footnote (ii) of Annexes A and B of the Convention, will not apply to legacy spare parts for the automotive industry because legacy spare parts will not necessarily be produced or placed on the market before the entry into force of the listing. ACEA additionally maintains that legacy spare parts cannot be manufactured and put on stock. This is according to ACEA (2016) because:

(a) The real amounts of required parts in the future are unpredictable. The life time stock therefore is either too large which would unnecessarily waste natural resources or too small which would result in an irreparability of old vehicles;

(b) Certain materials, especially rubber components may undergo, after several years in stock, a chemical degradation that could ultimately cause malfunctioning. This is especially of concern with regard to safety relevant parts.

26. Adding to this ACEA indicates that high costs associated with substitution hampers replacement of c-decaBDE in the production of these legacy spare parts.

27. A wider exemption for all service and replacement parts for up to 15 years, and also for production of new cars until 2021, has again been requested by CVMA. In their 2016 submission CVMA does not provide information that will allow the Committee to further define some critical spare parts for the automotive industries requiring continued use of c-decaBDE as requested by POPRC-11. Their main arguments for a wider exemption is that Canadian vehicle manufacturers need sufficient lead time to replace c-decaBDE in new vehicles as there typically are a few parts or materials that may take longer to eliminate in order to find suitable replacements. According to CMVA complete substitution of all c-decaBDE uses in a car typically requires one full design cycle, which corresponds to a minimum of five years. Similar to ACEA, CMVA also claim that substitution of c-decaBDE in service and replacement parts will be extremely costly.

28. The wider exemption as requested by CVMA was discussed at POPRC-11 but was considered too broad. Based on the information from the risk profile and the risk management evaluation as well as input from industry representatives present at the meeting, POPRC-11 identified a possible need to exempt some critical legacy spare parts used in the automotive industries as well as critical spare parts in the aerospace industries. With the objective of narrowing the scope of a possible specific exemption from the proposed Annex A listing, an intersessional working group was established to further define such critical spare parts (POPRC-11/1).

29. The information provided by CVMA and ACEA has not been verified by independent sources. While ACEA has identified some applications they consider critical, such information was not provided by CVMA.

30. IPEN (2016) in their submission cautions about a bias towards industry interests and provides examples showing how industry overestimates the negative consequences of regulations:

“A process that merely asks interested industries which exemptions they want without careful evaluation, yields distorted information and guarantees insufficient attention to the environmental and public health harm posed by POPs. There are many historical examples of industry’s dire predictions of

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economic harm posed by regulations that either turned out to be far less than industry’s predictions of disaster or even beneficial to the private sector.

“Individual companies and especially industry associations routinely overestimate cost estimates of regulation or time needed to develop alternatives. At the same time, the private sector routinely underestimates the benefits of regulation including the stimulatory impact of regulations on corporate innovation and the benefits of health and environmental protection. For these reasons, the Committee should not merely adopt proposals for exemptions without careful examination and independent verification to insure that the goals and obligations of the Stockholm Convention are fully satisfied.”

31. The arguments made by IPEN that the industry overestimates the cost and negative consequences of environmental regulations are supported by documentation published by other NGOs (ChemSec 2015) and the European Commission (DG Environment 2007). Overall, IPEN considers that there is no need for an exemption for the automotive industry, and argues that “substitution is feasible in the auto industry, and that the industry association is merely asking for exemption which amounts to a subsidy to reduce its own costs for testing”, noting “that the entire basis of the demand for exemptions from these sectors is to reduce costs of testing and does not represent barriers to actual substitution”.

4.1.4 Possible impacts of exemptions for some critical spare parts as suggested by the automotive industry

32. In line with decision POPRC-11/1, the definition of any exemption for critical spare parts should be as narrow as possible in order to reduce human and environmental exposure to c-decaBDE.

33. ACEA/BIPRO (2016) estimates that the total amount of c-decaBDE used in these legacy spare parts in Europe will range from 13 to 800 kg in 2018 to 0.5 to 40 kg in 2028, with a total consumption of 3,209 kg for the whole period 2018-2028, if not listed in Annex A without exemptions (Table 2 below). Thus, based on ACEA’s definition of critical spare parts and predicted consumption of c-decaBDE from such use in Europe, the impact on society appears relatively low. However, the estimate only considers consumption and does not take into account emissions throughout the full life-cycle of the products. Global estimates for use of c-decaBDE and emissions from critical spare parts are not available.

34. According to ACEA (2016) a potential negative side-effect of not exempting the production and use of c-decaBDE for some critical legacy spare parts could be that manufacturers build up large stocks to avoid a negative impact on their repair and maintenance business in case an exemption is not provided. According to ACEA, especially some vehicle manufacturers have already started to set up a lifetime stock of c-decaBDE-containing legacy spare parts (ACEA 2016). However, manufacturing cost as well as some of the products short shelf-life will likely limit the size of these stocks.

35. The automotive industry’s’ reluctance to absorb the cost of re-validating spare parts will lead to more c-decaBDE containing waste, and will also likely externalize costs onto governments.

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Table 2. Estimated total consumption of c-decaBDE in Europe for production of critical legacy spare parts until 2028 (ACEA/BIPRO 2016)

4.2 The aerospace industry36. Like vehicles, aeroplanes are mass produced products (“articles”) that are made out of many sub-components provided by thousands of direct and indirect suppliers. They are developed and designed with global markets in mind. In lower tiers of the supply chain, the sector is linked to other sectors such as the automotive, and electronics industry, often using the same suppliers (Chemical Watch 2014). Typical applications in airplanes have included electronics plastic parts, wires and cables and textile backcoating (UNEP/POPS/POPRC.11/10/Add.1, UNEP/POPS/POPRC.11/INF/6).

37. Alternatives to the use of c-decaBDE in the aerospace industry are available (UNEP/POPS/POPRC.11/10/Add.1). However, based on information from the EU restriction process (ECHA 2015a,b) and comments received by The Boeing Company and the Aerospace and Defence Industries Association of Europe, the risk management process indicated a possible need for an exemption for c-decaBDE in the repair (spare parts), and modifications of aircrafts under existing type certificates. According to information provided by The Boeing Company, c-decaBDE has largely been substituted in newer products, but not for all uses. As indicated also in the risk management phase, a complete phase-out from new aircraft models is intended by 2017 (UNEP/POPS/POPRC.11/10/Add.1, The Boeing Company 2016). The Boeing Company also believes that they can phase out all known use of c-decaBDE on all Boeing products throughout the supply chain by 2018. To avoid future use of materials that contain c-decaBDE during production, maintenance, repair and overhaul activities Boeing intends to remove c-decaBDE containing materials from Boeing specifications. However, The Boeing Company also advise that the Persistent Organic Pollutants Review Committee should recognize that a supplier or a customer might yet identify a c-decaBDE-containing part, material or component for which an alternative cannot be available by 2018, and that a narrow exemption in this case may be needed. They also highlight that a complete prohibition on the use of materials containing c-decaBDE could still have unpredictable consequences for aerospace production, maintenance, and operations since aerospace products are subject to stringent certification requirements (The Boeing Company 2016). To this point The Boeing Company is the only member of the aerospace industry that has submitted additional information. However, earlier information discussed in the risk management evaluation suggests that a complete phase-out by the European aerospace industry by 2018 is possible (see ECHA 2015a in UNEP/POPS/POPRC.11/10/Add.1).

5. Use in textiles in developing countries 38. The global textiles and garments industry3 is an important component of world trade flows, particularly for some developing countries where clothing accounts for a large proportion of total exports (UN 2005).

3The textile industry is a term used for industries primarily concerned with the design or manufacture of clothing as well as the distribution and use of textiles. Textile industries includes fibre production (natural and synthetic), raw weaving, dyeing, finishing and printing and final make-up into garments (carpets, fabrics, etc) (UN 2005)

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39. As discussed in the risk management evaluation, c-decaBDE is not used in clothing textiles. Overall, only a small proportion (up to 10%) and mainly textiles for use in public buildings and furniture are flame retarded with c-decaBDE. A number of affordable options, including non-POP chemicals substitutes, are available to replace c-decaBDE in textile applications. Furthermore, non-chemical alternatives such as non-flammable materials and physical barriers, respectively, are available (UNEP/POPS/POPRC.11/10/Add.1). Several global clothing and furniture brands are taking steps to become more socially responsible and to avoid the use of harmful substances such as c-decaBDE (Fibre2fashion 2016, UNEP/POPS/POPRC.11/10/Add.1).

40. Besides the more general information on use of c-decaBDE in textiles presented in the risk management evaluation (UNEP/POPS/POPRC.11/10/Add.1) no new information indicating any use of c-decaBDE in textiles produced by small and medium-size enterprise in developing countries was submitted. Additional searches in scientific publications and grey literature did not reveal any specific information regarding use of c-decaBDE in the textile industry in developing countries.

41. Recent information confirms the information presented in the risk management evaluation. For example, in a recent Danish study, flame retardants were primarily found in textiles used in furniture or curtains in public buildings. Textiles and foam parts used in interiors (curtains, furniture, mattresses and carpets) made for the European market were analysed, but no PBDEs or any other brominated flame retardants were detected in these products (Miljøstyrelsen 2014). In a different study, the Danish EPA surveyed car safety seats and other products with textiles for children, the majority produced in non-European countries, none of these products contained brominated flame retardants (Miljøstyrelsen 2015). Overall, the available information suggests that current use of c-decaBDE in the textiles is largely is confined to textiles for use in public buildings (prisons, hospitals, hotels etc), and that this use is limited and declining.

42. Based on the available information on use of c-decaBDE, as well as information on the global trade in textiles, it is presumable that there is no or very limited use of c-decaBDE in the textile production in small and medium size enterprises in developing countries.

6. Summary 43. By its decision POPRC-11/1 the Persistent Organic Pollutant Review Committee has invited further information on some critical spare parts in the automotive and aerospace industry requiring the continued use of decaBDE with the purpose of assisting the Committee in further defining such parts and limiting the scope of any specific exemption. 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.

44. The information submitted to this intersessional working group confirms that substitution and phase-out of c-decaBDE is ongoing and possible in both the automotive and aerospace industry. The submitted information allows the Committee to further narrow the scope of any specific exemptions for these sectors. No new information on the use of c-decaBDE in textiles was submitted.

45. New information on critical spare parts in the automotive industry was identified by ACEA (2016) which on behalf of their members, requests an exemption for some critical legacy spare parts for vehicles that have ceased mass production before July 2018. However, certain of these parts can likely be retrofitted with new parts where c-decaBDE has already been eliminated and further narrow the list provided by ACEA. The wider exemption requested by CVMA was 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. The justifications for the exemptions provided by both industry associations relates to technical, practical and economic issues. Estimates for Europe provided by ACEA suggest that consumption under their proposed definition of critical spare parts will likely be limited but will continue for a maximum of 10 years should the requested definition of some critical spare parts in an exemption be granted. Global estimates for use and emissions of c-decaBDE from such use are not available. According to ACEA, the use is expected to decline progressively and be highest in the early years after the entry into force. Consumption and emission estimates for the wider exemption scenario, which includes all spare parts, as suggested by CVMA, are not available

46. No further information on some critical spare parts in the aerospace industry has become available. The submitted information, however, proposes that a complete phase out from all aerospace applications can be achieved at the latest 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. However, although exemptions may likely not be necessary for this sector, the need for an exemption is not yet fully excluded by the industry.

47. The available information or literature indicates no or very limited use of c-decaBDE in textile production in small and medium-size enterprises in developing countries.

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7. Conclusion and recommendations48. 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.

49. Based on the available information, it is possible to further narrow the specific exemptions for the automotive and aerospace industries. For the automotive industry, the production and use of c-decaBDE for some critical spare parts should be defined as limited to parts for use in legacy vehicles (vehicles that have ceased mass production prior to July 2018). This was already recognised in the adopted risk management evaluation but should clearly be stated in the recommendation to the Conference of the Parties. Critical spare parts in the automotive industries could furthermore be defined as limited to applications that belong to 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).

50. Noting that some of the above spare parts can likely be retrofitted through spare parts where c-decaBDE has been substituted being able to be fitted to legacy car models, it may be possible to limit the specific exemptions even further than described above.

51. An exemption for the aerospace industries is not expected to be needed as a phase-out of c-decaBDE by major aircraft producers, which also includes spare parts, is foreseen to be completed at the latest by the entry into force of a possible amendment of Annex A. Critical spare parts for the aerospace industry have not been identified.

52. From the available information, it can be concluded that there is no need for an exemption for use of c-decaBDE in the textile production in small and medium size enterprises in developing countries.

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ReferencesACEA, European Automobile Manufacturers Association (2015). Presentation at POPRC-11.

ACEA, European Automobile Manufacturers Association (2016). Submission to the intersessional working group on c-decaBDE on critical uses in cars. Available online at: http://chm.pops.int/TheConvention/POPsReviewCommittee/Meetings/POPRC11/POPRC11Followup/decaBDEInfoRequest/tabid/4867/Default.aspx

ACEA/BIPRO 2016 [Yet to be submitted]

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