On June 25, 2019, the European Union (EU) published Regulation (EU) 2019/1021, recasting the EU’s Persistent Organic Pollutants (POPs) Regulation. The original POPs Regulation - Regulation (EC) No 850/2004 – has been amended several times, making recasting a necessity to preserve clarity as new amendments are introduced.  

POPs are organic compounds that threaten both the environment and human health. Exposures to these compounds can lead to bio-accumulation in the fatty tissues of organisms, which can lead to cancer, endocrine disruption, reproductive and immune dysfunction, and neurobehavior and developmental disorders.

POPs are of particular global concern because they are resistant to degradation through chemical, biological and photolytic processes. They have been used, and continue to be used, in pesticides, solvents, pharmaceuticals, and industrial chemicals.

The original POPs Regulation – (EC) 850/2004 – was published in April 2004. Since then it has been revised 12 times.

Regulation (EU) 2019/1021 has also introduced several new updates, including provisions relating to:

• Consistency of language for definitions and terminologies with those in Regulation (EC) 1907/2006 ‘Registration, Evaluation, Authorization and Restriction of Chemicals’ (REACH) and Directive 2008/98/EC (Waste Framework Directive)
• Strengthening of the EU’s processes and procedures with the support of the European Chemicals Agency (ECHA) for listing POP chemicals
• Ensuring effective coordination and management of technical and administrative aspects between the ECHA and Member States, including activities and the exchange of information in the Forum for Exchange of Information on Enforcement under REACH
• Changes to certain restriction limits for tetra-, penta-, hexa- and heptabromodiphenyl ethers falling under Part A of Annex I when these flame retardants are present as an unintentional trace contaminant (subject to review by July 16, 2021):

1. ≤ 10 mg/kg each in substances
2. ≤ 500 mg/kg - sum in mixtures or articles

• Completely new entries for decabromodiphenyl ether (Deca-BDE) and, pentachlorophenol (PCP) and its salts and esters in Part A of Annex I; with some exemptions for Deca-BDE, including electrical and electronic equipment within the scope of Directive 2011/65/EC (RoHS II).
• Transferring hexachlorobutadiene, polychlorinated naphthalenes (PCNs) and short chain chlorinated paraffins (SCCPs) from Part B of Annex I to Part A of Annex I
• Expanding the number of POPs in Annex II from five to seven
• Completely new entry for Deca-BDE as part of the polybromodiphenyl ether family under Annex IV

Stakeholders should be aware the listing of Deca-BDE under the POPs Recast Regulation means its inclusion in entry 67 to Annex XVII of REACH will probably be officially deleted.

POPs Recast Regulation repeals the POP Regulations. It became effective on July 14, 2019.

Learn more about POPs within the consumer goods industry by reading the SGS White Paper. [www.sgs.com/en/white-paper-library/proliferation-regulation-and-mitigation-of-persistent-organic-pollutants]

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For further information contact:

Hingwo Tsang

Global Information and Innovation Manager

Tel: (+852) 2774 7420

Email: crs.media@sgs.com

Website: www.sgs.com/cgnr  

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