January 25, 2001

ALKYLPHENOLS BULLETIN
BUSINESS GROUPS CHALLENGE NORWAY PROPOSAL

Business groups in North America and Europe are protesting a ban on nonylphenol, octylphenol, and their ethoxylates proposed by the Norwegian national pollution control authority (SFT).

These compounds have been in widespread use for 50 years as detergents, emulsifiers, wetting agents, stabilizers, surfactants and dispersants. They also serve in a variety of other uses in textiles, pulp and paper processing, paints, oil and gas recovery, steel manufacturing, power generation, pest control products and numerous other uses.

As drafted, the law would ban the manufacture, import, export, sale and use of these compounds. Any of the chemicals imported before the ban takes effect would be given an additional six months of legal use. The ban would not apply to the coating and lacquer industry until July 1, 2002.

The ban was proposed under the Norwegian Product Control Act and as such does not apply to the use of these compounds in cosmetics, plant protection products, medical products for human and veterinary use, and chemicals intended for research and analysis purposes which are covered by other laws. Also, Norway proposes to exempt from coverage solid articles or "things" that contain the chemicals.

The Norway proposal is out of step with established science and constitutes a direct challenge to the European Union, said the Alkylphenols & Ethoxylates Research Council (APERC), the association representing major producers, formulators and users of these compounds. "We object to Norway's proposed regulation because it is unwarranted, has no scientific justification and is indifferent to economic consequences, and also because it presents an unprecedented challenge to the European Union's role in setting environmental policy for the continent."

The Conseil Europeen des Phenols Alkyles et Derives (CEPAD), the association representing European suppliers of alkylphenols and their derivatives, is researching the legality of the intended ban within the context of Norway's obligations to the European Union (EU). Norway's unilateral action would appear to preempt the EU's comprehensive risk assessment for nonylphenol undertaken by the United Kingdom as rapporteur, which has now proposed a risk reduction strategy. The proposed ban, CEPAD said, "ignores the labor intensive and comprehensive activities of the EU member states to prepare scientifically sound risk assessments and risk reduction strategies."

Britain's Chemical Industries Association (CIA) has called upon its government to respond to Norway's move asserting, "there is an important principle at stake if Norway is allowed to ignore EC [European Commission] risk assessments and impose a blanket ban on a substance." The CIA said Norway's action is out of step with European chemicals policy that is based on scientifically sound and risk-oriented management. "The proposed Norwegian ban has a widespread implication on international trade," it said. "Restrictions by single European countries would lead to a damaging effect on trade within the European Union as well as for imports from non-EU countries."

APERC is monitoring developments in Norway and is in close contact with CEPAD. APERC intends to submit written comments on the proposal by the January 31 deadline.

Updated information, as it becomes available, will be posted on the APERC web site, which can be found at www.aperc.org                                                                                                                              

 

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