Understanding EU Persistent Organic Pollutants (POPs) Regulation: An Overview

What are POPs

POPs, or Persistent Organic Pollutants, present substantial risks to both living organisms and the environment. These substances endure and accumulate in ecosystems and organisms, traveling through air, water, soil, and even migratory animals. Their capacity for long-range transport means that regions, where they've never been used or produced, can become contaminated. POPs are present worldwide in measurable quantities, necessitating global risk management efforts.

Exposure to POPs happens through various avenues, primarily via food and air. However, common household items, including electronics, textiles, flame retardants, surfactants, and pesticides, can also be sources of exposure. Even in low concentrations, contact with POPs can result in a range of health issues, including reproductive disorders, changes in the immune system, neurobehavioral impairments, heightened cancer risks, and more. Notable categories of POPs encompass pesticides like DDT, industrial chemicals commonly found in electronic products, and by-products formed during industrial processes, degradation, or combustion, such as dioxins and furans.

What is EU Persistent Organic Pollutants (POPs) Regulation: (EU) 2019/1021

Persistent Organic Pollutants (POPs) are a significant environmental concern, and the European Union (EU) has taken various measures to regulate their use and prevent their adverse effects on human health and the environment. One of the latest measures taken by the EU is the recast of the POPs Regulation (EU) 2019/1021, which repeals the POP Regulation (EC) No 850/2004 and came into force on July 2019. The regulation applies to all EU member states and sets out a number of specific requirements for the control of POPs. These requirements include:

• Restrictions on the use of certain POPs in certain products and processes, such as the prohibition of the use of certain POPs in pesticides, biocides, and electrical and electronic equipment.
• Requirements for the safe disposal of POPs-containing waste, including the requirement for waste containing POPs to be handled in accordance with the relevant national and EU waste legislation.
• Requirements for the monitoring and reporting of POPs levels in the environment and in human and animal foodstuffs, as well as the reporting of emissions of POPs from industrial sources.
• Requirements for the development and implementation of national action plans to identify and reduce sources of POPs in EU member states.

The regulation restricts the manufacturing, marketing, and use of POPs in the EU and contains four critical annexes:

The Recast of the EU POPs Regulation

The recast of the EU POPs Regulation aligns certain definitions and terminologies with those in the REACH regulation and EU Waste Framework Directive, ensuring that POPs are regulated more effectively. It also updates that the substances listed in Annex I. POPs listed in Annex 1 shall not be manufactured, or placed on the market for use in substances, mixtures, or articles unless there are exemptions.

In the recast of the EU POPs Regulation, there are 3 main changes:

• Adds Deca-BromoDiphenyl Ether (Deca-BDE) and PentaChloroPhenol (PCP) and its salts and esters to Annex I, with some exemptions for the use of Deca-BDE in electrical and electronic equipment.
• Updates restriction limits for Tetra-, Penta-, Hexa-, and Hepta-BromoDiphenyl Ethers falling under Annex I when they are present as unintentional trace contaminants.
• Recast also adds three entries to Annex III, namely PentaChloroBenzene, HexaChloroButadiene, and PolyChlorinated Naphthalenes.

The new regulation also includes provisions for the review and updating of the list of POPs covered by the regulation, as well as for the cooperation and exchange of information between EU member states and the European Commission on POPs-related matters.

Latest List of substances subject to EU POPs Regulation

Amendments Process to Decide on the Listing of the New Substances to the Annexes

Image Credit: ECHA

EU POP Enforcement

The EU POPs Regulation is a crucial step in addressing the environmental and health risks posed by POPs. The regulation's implementation is overseen by the European Chemicals Agency (ECHA), which helps to identify and propose new POPs from the EU to the Stockholm Convention. The ECHA's Enforcement Forum coordinates a network of Member State authorities responsible for enforcing the regulation.

How to Comply with the EU POPs Regulation

Although specific regulations may vary among EU Member States, businesses can adhere to the EU POPs Regulation by following this general compliance procedure:

Examine the legal requirements applicable in the regions where your products are manufactured, utilized, or brought in.

• Engage with your suppliers to pinpoint any Persistent Organic Pollutants (POPs) within your supply chain.
• Explore and consider alternative substances to replace POPs in your products.
• Work towards diminishing or entirely removing the use of POPs in your products and their components.
• Stay up-to-date with any modifications made to the existing list of POPs. By adhering to these steps, you can enhance your compliance with the EU POPs Regulation, promoting both environmental responsibility and regulatory conformity.

EU POPs Compliance Framework by Acquis

Complying with the EU POPs Regulation can present several challenges, such as the identification of POPs within your supply chain, the implementation of strategies to replace POPs with less harmful alternatives, and the establishment of effective communication with suppliers for the acquisition and maintenance of accurate data. Insufficient tools and resources can leave your company exposed to various risks.

Simplify data collection and meet your POPs compliance reporting requirements seamlessly with Acquis' EU POPs program. Our comprehensive range of solutions caters to your present and future needs, offering robust compliance software and professionally managed service alternatives. Our program provides numerous advantages, including Bill of Materials (BOM) analysis, supplier engagement, and the flexibility of generating reports on demand. Explore our EU POPs program to discover how Acquis can be your valuable partner in achieving compliance.

Contact Acquis to know how we can help you streamline your EU POP compliance initiatives.