Adopted in June 2019, the recast Regulation on Persistent Organic Pollutants (POPs) set the contaminant limits that largely determine the treatment of the waste and, in particular for limits in Annex IV, define whether a waste containing specific POP substances should be disposed of in such a way that the POP content is destroyed or irreversibly transformed or whether it can be subjected to other recovery or disposal operations, including recycling.

The entry concerning PBDEs (including DecaBDE) in Annex IV contains a clause requiring the EU Commission (hereinafter the Commission) to review the Low POP Concentration Limit (LPCL) for these substances by 16 July 2021. The limit value for the substances is currently set at 1,000 mg/kg. The Commission was asked to look at the feasibility of reducing the aforementioned value to 500 mg/kg as finally published on 28 October 2021.

The signatory organisations to this position paper acknowledge the challenge set out by the Commission and believe that the discussion and decision around any revision of the LPCL for PBDEs needs to be based on current scientific knowledge and the factual situation concerning the sound waste management and treatment of POP containing materials in the electrical, electronic and automotive sectors in the EU.