EU: New restrictions on Persistent Organic Pollutants (POPs)

 

The EU Commission has published a new public consultation on the pollutant called hexabromocyclododecane (HBCDD).

The Commission aims to protect human health and the environment by eliminating or restricting the production and use of POPs, as defined in the Stockholm Convention.

The proposed act concerns HBCDD (included already in Annex I of Regulation (EU) 2019/1021). It amends the limit value for the presence of HBCDD as an unintentional trace contaminant in substances, mixtures and articles.

Article 1 of Regulation (EU) 2019/1021 on persistent organic pollutants (‘POPs Regulation’) establishes as the objective of that Regulation to protect human health and the environment from Persistent Organic Pollutants (‘POPs’) by prohibiting, phasing out as soon as possible, or restricting the manufacturing, placing on the market and use of substances subject to the Stockholm Convention on POPs.

Following Article 4(1)(b) of the POPs Regulation, the HBCDD entry in Annex I includes an Unintentional Trace Contaminant (UTC) limit of 100 mg/kg (0,01% by weight) for the presence of HBCDD in substances, mixtures or articles or as constituents in flame-retarded articles. Following point 1 of the fourth column of the HBCDD entry, the UTC limit is subject to review.

HBCDD is a PBT substance (persistent, bio-accumulative and toxic). In a previous authorisation dossier under Regulation (EC) No 1907/2006 concerning the registration, evaluation, authorisation and restriction of chemicals (‘REACH’), the Risk Assessment Committee (RAC) of the European Chemicals Agency (ECHA) concluded that the PBT and very persistent, very bio-accumulative (vPvB)-properties lead to an increased uncertainty in the estimation of risk to human health and the environment when applying quantitative risk assessment methodologies.

HBCDD belongs to the group of brominated flame retardants. It is an additive-type flame retardant which is not chemically bound to the plastic matrix and has long been the most important flame retardant used in polystyrene insulation materials (expanded polystyrene (EPS) and extruded polystyrene (XPS)). Besides, HBCDD has been used in textiles, packaging material (EPS), or high-impact polystyrene (HIPS) for electrical and electronic applications.

Production, placing on the market and use of HBCDD in the EU have been largely phased out between 2014 and 2016 and there are currently no uses permitted in the EU.

Due to past and current recycling activities HBCDD occurs in recycled plastics and products made thereof in concentrations ranging from a few mg/kg up to more than one thousand mg/kg.

Taking into account the objective of the POPs Regulation, the Commission has proposed to:

• the UTC value is lowered from 100 mg/kg to 75 mg/kg for all uses, except for the use of recycled polystyrene in the production of EPS and XPS insulation material for use in buildings or civil engineering works, for which the limit is maintained at 100 mg/kg, and
• by 1 January 2026, both UTC values need to be reviewed based on the available technical and scientific information, in particular information related to analytical methods and limitations

The public consultation can be accessed HERE.

To find out more material compliance, chemical compliance and the Persistent Organic Pollutants Regulation, please contact the Product Compliance Institute directly.