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EU Considers Amending Limit Values for PCB and PBDE under POPs Regulation

EU is amending specific exemption of UTC limit for PBDE and PCB under POPs regulation. More stringent requirements are set on PBDE in childecare products and toys.

Starting from February 18, 2025, European Commission is initiating public consultation on amending the Unintentional Trace Contaminant (UTC) limit values for PBDE and PCB under Annex I to the Regulation (EU) 2019/1021 on persistent organic pollutants (EU POPs Regulation). The feedback deadline is March 18, 2025.

PCB Amendment 

As proposed, a UTC limit value is set for PCB as follows: 

  • 0,2 mg/kg (0,00002% by weight) where present in substances, mixtures and articles
  • For organic pigments and dyes, 25 mg/kg (0,0025 % by weight) upon entry into force of this Regulation and 10 mg/kg (0,001 % by weight) three years after entry into force

Note: According to Article 4(1) b, a substance present as unintentional trace contaminant is exempt from control measures. 

PBDEs Amendment

Overall, a UTC limit value of 10 mg/kg is introduced for the sum of the concentrations of the following PBDEs present in mixtures and articles upon entry into force of this Regulation: 

  • Tetrabromodiphenyl ether C12H6Br4O, CAS: 40088-47-9 and others

  • Pentabromodiphenyl ether C12H5Br5O, CAS: 32534-81-9 and others

  • Hexabromodiphenyl ether C12H4Br6O, CAS: 36483-60-0 and others

  • Heptabromodiphenyl ether C12H3Br7O, CAS: 68928-80-3 and others

  • Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE), CAS: 1163-19-5

The Commission is also paying special attention to the potential exposure to PBDE present in childcare products and toys. Therefore, a specific UTC limit value is set for the sum of abovementioned PBDE as follows: 

  • 500 mg/kg upon entry into force of this Regulation

  • 350 mg/kg as of 30 December 2025 

  • 10 mg/kg 18 months after entry into force

This is applicable to PBDEs present in toys subject to Directive 2009/48/EC, or in any product facilitating children’s seating, sleep, relaxation, hygiene, changing and general body care, feeding, sucking, transportation and protection, containing or made of recovered material containing tetra-, penta-, hexa-, hepta- or decaBDE. 

Due to past and current recycling activities the substances occur in products made from recovered materials, including products for the general public. Therefore, a specific UTC limit value is set for the sum of abovementioned PBDEs present in mixtures or articles containing or made of recovered material as follows: 

  • 500 mg/kg upon entry into force of this Regulation

  • 350 mg/kg as of 30 December 2025 

  • 200 mg/kg as of 30 December 2027

Notably, all these specific exemptions do not apply to food contact materials subject to Regulation (EC) No 1935/2004. 

The proposed changes are made in Annex I, Part A to the Regulation (EU) 2019/1021. Here are the draft delegated regulation and Annex for PCB and PBDEs

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