Denmark steps out the line of the European Single market concept

By publication of the announcement 1113 from 26 November last year, Denmark has made a solo attempt regarding the additional ban of phthalates in products for indoor use.

As the four banned phthalates, Bis (2-ethylhexyl) phthalate (DEHP), Benzyl butyl phthalate (BBP), Dibutyl phthalate (DBP) and Diisobutyl phthalate (DIBP), have already been included in the Annex XIV of the REACH regulation and are restricted for the use in children’s‘ products, no further regulations have been considered as necessary so far.

This solo attempt now has a big impact of the European Single market concept and affects the free movement of goods. Products for indoor use have to comply with the substance bans in Denmark from 1 December, 2013. Electrical and electronic equipment, which is in the scope of the RoHS directive 2011/65/EU has a longer transposition period until 1 December 2014. Manufacturers of affected products have to differentiate between products for the Danish market or for the rest of the EU member states. On one hand, this can have an impact on the general reduction of phthalates in indoor use products EU-wide, on the other hand, some manufacturers, importers or distributors may retire from the Danish market.

The consultation for the inclusion of further substances in Annex II RoHS of the RoHS directive is still ongoing. These phthalates are also in discussion there.