The Persistent Organic Pollutants (POPs) Regulation establishes substance restrictions and waste management requirements for POPs and products containing POPs in the European Union.
In this guide, we cover the scope of the regulation and exemptions. We also list substances subject to restrictions under the Persistent Organic Pollutants (POPs) Regulation.
Content Overview
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What is the Persistent Organic Pollutants Regulation?
The POPs Regulation aims at phasing out substances subject to the Stockholm Convention (the “Convention”) and Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution (the “Protocol)” on POPs. Specifically, its goal is to protect the environment and human health by ensuring that:
- Dangerous POPs are banned or otherwise severely restricted
- The environmental release of POPs is reduced
- Stockpiles of restricted POPs are managed in a safe manner
- Waste that is contaminated by, or contains, POPs is properly disposed of
What is a Persistent Organic Pollutant?
According to the European Chemicals Agency (ECHA), POPs are substances that remain in the environment for a long time and can be transmitted through the air, waterways, and migratory animals.
POPs proliferate in humans and animals and are hazardous to the environment and our health. For instance, some types of PFAS, which are classified as POPs, may cause developmental and reproductive harm, and negatively affect the endocrine system.
Here are some examples of POPs that are banned by the regulation:
- Tetrabromodiphenyl ether
- Perfluorooctane sulfonic acid and its derivatives (PFOS)
- Hexachlorobenzene
What is the scope of the Regulation?
The regulation covers POPs on their own, in mixtures or physical products, as explained in Article 3 of the Regulation:
1. The manufacturing, placing on the market and use of substances listed in Annex I, whether on their own, in mixtures or in articles, shall be prohibited, subject to Article 4.
2. The manufacturing, placing on the market and use of substances listed in Annex II, whether on their own, in mixtures or in articles, shall be restricted, subject to Article 4.
Which articles are covered?
The POPs Regulation covers articles in general, as defined by the REACH Regulation. However, some products and materials are more likely to contain POPs than others. Here we list examples of articles that may contain POPs:
- Construction and household products
- Furniture Fire Safety Standards in the European Union: An Overview
- Electronics
- Food contact materials
- Food processing
- Leather and textiles
- Medical products
Exemptions
The POPs Regulation exempts substances that are:
a. Used in laboratory research, or
b. Incidentally present on a low amount
Which Persistent Organic Pollutants are restricted in the EU?
The POPs Regulation prohibits and restricts the usage and sale of POPs in the EU. It also lists those POPs in its annexes.
Annex I: Prohibited POPs
Annex I lists POPs prohibited by the regulation. Here we list some examples of such POPs:
- Endosulfan
- Toxaphene
- Dicofol
- Hexachlorobutadiene
- Decabromodiphenyl ether (decaBDE)
- Polychlorinated biphenyls (PCB)
- Perfluooctanoic acid (PFOA)
- Perfluorooctane sulfonic acid and its derivatives (PFOS)
- Perfluorohexane sulfonic acid (PFHxS)
- Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)
However, for some substances, there are specific exemptions. For instance, PFHxS in firefighting foam is restricted to concentrations of or below 0.1 mg/kg.
Annex II: Restricted POPs
Annex II of the POPs Regulation does not list any substances.
Annex III: Substances that are subject to release reduction provisions
Annex III lists POPs that are subject to release reduction provisions. According to Article 10, this means that EU Member States should monitor their presence in the environment.
Those POPs are as follows:
- Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)
- Polychlorinated biphenyls (PCB)
- Hexachlorobenzene (HCB)
- Polycyclic aromatic hydrocarbons (PAHs)
- Pentachlorobenzene
- Hexachlorobutadiene
- Polychlorinated naphthalenes
Annex IV: Substances that are subject to waste management provisions
Annex IV of the regulation lists POPs that are subject to the waste management provisions described in Article 7. In practice, producers and holders of wastes should prevent that waste is contaminated with substances listed in the Annex. Here are some examples of such substances and their concentration limits:
- Endosulfan < 50 mg/kg
- Hexachlorobutadiene < 100 mg/kg
- Polychlorinated naphthalenes < 10 mg/kg
- Hexabromocyclododecane < 500 mg/kg
What are the requirements for stockpiles?
The POPs Regulation defines ‘stockpiles’ as accumulated substances, mixtures or articles that contain, or consist of, substances listed in Annex I or II.
According to Article 5, holders of stockpiles must:
a. Manage that stockpile as waste per the provisions in Article 7, if said stockpile contains banned or restricted POPs
b. Provide the competent authority in the EU Member State where they established the stockpile with information regarding the size and nature of that stockpile, if said stockpile is greater than 50 kg and contains banned or restricted POPs that are allowed for use
c. Manage their stockpile safely, efficiently, and in an environmentally friendly manner
Product testing
We could not find a statement in the POPs Regulation that mandates testing. However, in practice, you still need to get your products tested to prove compliance with the regulation – that is, to ensure your product does not contain either banned POPs (e.g. PFOS) or restricted POPs above specific limits.
When your product passes testing, you receive a test report proving compliance with the regulatory requirements. Note that noncompliance with the POPs Regulation, or other regulations, may result in the authorities ordering you to recall your product due to it being potentially unsafe for consumer use, or other issues.
Testing companies
Here we list some testing companies that claim to provide testing services against the requirements of the POPs Regulation.
Are POPs covered by REACH?
Annex XVII to REACH generally lists restricted substances and may cover some POPs not regulated by the POPs Regulation.
According to page 3 of the document “REACH and the Stockholm Convention as well as the UNECE POP Protocol – A Common Understanding”, if a POP that is already restricted under REACH’s Annex XVII is added to the POPs Regulation, then that POP must be removed from Annex XVII.
