(1)

Regulation (EU) 2019/1021 implements the commitments of the Union under the Stockholm Convention on Persistent Organic Pollutants (2) (‘the Convention’) and under the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants (3).

(2)

Pursuant to Article 3(1) of Regulation (EU) 2019/1021, the manufacturing, placing on the market and use, whether on their own, in mixtures or in articles, of substances listed in Annex I to that Regulation are prohibited, subject to Article 4 of that Regulation.

(3)

Hexabromocyclododecane (HBCDD) is listed in Annex I to Regulation (EU) 2019/1021 with an Unintentional Trace Contaminant (UTC) limit value of 100 mg/kg (0,01 % by weight) where it is present in substances, mixtures, articles or as constituents of the flame-retarded articles. That UTC limit value is subject to review by the Commission.

(4)

Manufacturing, placing on the market and use of HBCDD in the Union have been largely phased out. Due to past and current recycling activities HBCDD occurs in recycled plastics and products made therefrom. There are concerns that new applications of recycled polymeric material that in its original application had been flame-retarded has led to the undesirable presence of restricted brominated flame retardants in goods such as children’s toys, food-contact articles and polystyrene packaging.

(5)

Considering the presence of HBCDD in various waste streams and its relevance for recycling activities since the substance has been identified as a persistent organic pollutant, the concentration of this toxic substance in products should be as low as possible in order to minimise exposure and thus protect human health and the environment.

(6)

While current recycling of EPS is limited, it is expected that the recycling of demolition EPS insulation will grow extensively in volume in the next decades.

(7)

Innovative technologies, including solvent-based recycling processes, are being developed for viable and environmentally friendly recycling. The solvent-based recycling technology already in use for the recycling of construction and demolition waste into polystyrene pellets, which can be used for new XPS or EPS articles, is relatively new, yet promising, and additional data and information will be generated through its further implementation and upscaling, allowing further improvements to the process and providing a more solid evidence base for decision-making.

(8)

The current limits of quantification of analytical methods used to determine HBCDD concentrations in substances, mixtures or articles do not allow for a reliable measurement for a significantly lower UTC limit value than the one that is currently in place, thus creating challenges for enforcement authorities.

(9)

Regulation (EU) 2019/1021 should therefore be amended accordingly,