Introduction
Danish ban
European ban
In a May 3 2011press release, Minister for the Environment Karen Ellemann announced that she wishes to introduce a ban on the use of four dangerous phthalates - bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), diisobutyl phthalate (DIBP) and benzyl butyl phthalate (BBP).
Phthalates are a group of substances that are primarily used as plasticisers in PVC. Alternatives to the four phthalates are already in use - both other phthalates and non-phthalate plasticisers. These alternatives are in use in toys and childcare products where certain phthalates have already been banned.
Ellemann has stated that she is determined to introduce a ban on the sale of products containing the four phthalates, explaining that:
"endocrine disrupting substances as phthalates are suspected to be the cause of premature puberty in girls and malformation of genitalia in newborn boys. I do not wish to gamble with the heath of children or of adults. I have therefore asked the Danish Environmental Protection Agency to draft a new national restriction of the use of the four dangerous phthalates."
The list of products containing dangerous phthalate plasticisers is long and includes shower curtains, vinyl flooring, swimming pools, air mattresses, plastic sandals, balls for physical exercise and tablecloths.
The ban is intended to cover products for indoor use and products with which consumers come into direct contact.
If the ban becomes a reality, it will be the first time that a ban has been based on the cumulative effect of more than one phthalate and from more than one source, also known as the 'cocktail effect'. The population is exposed to phthalates from different sources during the course of the day (eg, from the indoor environment, food and consumer products). The Environmental Protection Agency has carried out surveys on the content and migration of the four phthalates in a large number of different product types. These surveys show that the four phthalates together can affect the hormone system and may harm the reproductive system. The proposed ban aims to reduce exposure to these phthalates.
Before the restriction can enter into force, it must be notified before the European Union so that the European Commission and other EU member states can comment.
On June 15 2011 Ellemann submitted a draft regulation on the implementation of the ban in a public hearing, affording the possibility to file observations on the regulation until August 12 2011. The regulation is issued with statutory authority under the Chemical Substances Act.
Ellemann is also working on a Europe-wide ban on the four phthalates. In a press release she stated:
"It is important to me that this will be lifted to an EU level. A ban in the EU will ensure us that products bought in other EU countries will be free of the four dangerous phthalates. A restriction in [the European Union] is far more wide ranging than a ban in Denmark."
The Environmental Protection Agency has already submitted a proposal to the European Chemicals Agency to ban the import and sale of products containing the four phthalates.
For further information on this topic please contact Søren Stenderup Jensen at Plesner by telephone (+45 33 12 11 33), fax (+45 33 12 00 14) or email ([email protected]).