PoPs: EU Proposes New Limits for Flame Retardants in Recycled Materials

The European Commission published a proposal on February 18, 2025, to revise regulations for polybrominated diphenyl ethers (PBDEs) under the Persistent Organic Pollutants (POPs) Regulation. The proposal targets five PBDE flame retardants: tetraBDE, pentaBDE, hexaBDE, heptaBDE, and decaBDE, which are already listed in Annex I to Regulation (EU) 2019/1021 (Link). 

Recent studies have detected these substances, particularly decaBDE, in consumer articles made from recovered plastics. Recognizing the challenges of circular economy principles, the Commission proposes different unintentional trace contaminant (UTC) limit values for recycled materials versus virgin materials. The proposal establishes a general UTC limit of 10 mg/kg for the sum of these PBDEs in mixtures and articles, with higher temporary thresholds for products containing recovered materials.

In a separate but related development, EU authorities have published an important interpretation of what constitutes "articles that have already been used" under Article 4(2) of the POPs Regulation (Link). According to this interpretation, an article is considered "in use" only when in possession of the final user or when being processed into another product. This means articles in storage by producers, distributors, importers, or retailers would not qualify as "in use" - a narrower interpretation than previously understood.

These developments significantly impact on manufacturers and suppliers of recovered plastics, who will need to carefully monitor and control the composition of recycled materials to meet the new UTC threshold limits. The public consultation period for the draft regulation is closed on March 18, 2025.