POPs

In response to the global threat posed by POPs, the United Nations adopted the Stockholm Convention in 2001 (which entered into force in 2004), with the goal of eliminating or restricting the production, use, and release of POPs. To date, 186 countries and regions have ratified the treaty and enacted national legislation. The Convention initially targeted 12 chemicals known as the “Dirty Dozen” (such as DDT, PCBs, and dioxins), and has continued to expand its list of regulated substances in response to scientific evidence and international deliberations (for example, adding short-chain chlorinated paraffins (SCCPs) and hexabromocyclododecane (HBCD), among others).

• I. Basic Definitions of the Regulation

  The EU POPs Regulation (EU 2019/1021), formally titled the “Regulation on Persistent Organic Pollutants,” is the core legislation through which the European Union fulfills its obligations under the Stockholm Convention and related international agreements, establishing a unified framework for the control of POPs within the EU.

• II. Core Scope of Regulation

  This regulation covers the entire lifecycle of POPs—including production, placing on the market, use, import and export, unintentional release, and the management and disposal of POPs-containing waste. It sets differentiated regulatory requirements for different substances and aligns EU law with international conventions through prohibitions, phase-outs, or strict restrictions. The scope of regulation covers three categories of products: substances, mixtures, and article, rather than targeting a single raw material.

• III.Key Compliance Points for Businesses
  • Full Product Life Cycle Management：The EU POPs Regulation covers substances, mixtures, and article—not just individual raw materials.
  • Do Not Confuse with REACH：Although both this regulation and REACH involve compliance assessments for substances, mixtures, and articles, there are significant differences in their legislative objectives, scope of application, and regulatory mechanisms. Companies must consider both simultaneously when managing compliance and should not directly apply one to the other.
  • Exemption Criteria Must Be Assessed on a Case-by-Case Basis：The regulation provides limited exemptions for research and development, laboratory reference standards, and unintentional trace contaminants (UTCs), among others. However, these exemptions are not universally applicable; each must be assessed on a case-by-case basis by referring to the specific provisions, concentration thresholds, and usage conditions listed in the annex for the corresponding substance. It is not permissible to assume applicability by default.

Key Regulatory Content

The POPs Regulation lists controlled substances in Annex I and Annex II and imposes prohibitions or restrictions on them as required. Violations of these requirements may result in penalties or fines from the competent authorities and could lead to a product being banned from the market or withdrawn from the EU market. Below, SGS has compiled a list of common controlled substances in the industrial sector and their applications to help you quickly grasp the key points of the regulation.

• I. The Impact of Direct or Indirect Exports to Europe

  Even if companies based in other countries do not have manufacturing facilities within the EU, they may still be subject to the requirements of the EU POPs Regulation as long as their products, components, raw materials, or recycled materials flow through the supply chain and are ultimately placed on the EU market. As a result, global buyers often require their upstream suppliers to proactively confirm that relevant materials comply with the EU POPs Regulation, and compliance management will gradually extend to the entire supply chain.

• II. List of High-Risk Products and Materials
  • Common base materials containing POPs: plastics, rubber, inks, paints, textiles, adhesives, and flame retardants
  • End products with a high risk of non-compliance in the EU market: electrical and electronic products, wires and cables, automotive parts, recycled plastic products, and fluorinated surface treatment products
• III. Actual Consequences of Noncompliance
  • Direct penalties：Products may be subject to mandatory sales bans and administrative fines; in serious cases, the responsible parties may also face criminal penalties.
  • Indirect losses： In addition to direct financial losses, companies also face long-term risks such as damage to their brand reputation and a loss of trust among consumers and downstream customers.

Compliance begins with transparency. Companies must first have clear visibility into their products, raw materials, suppliers, and regulatory risks before they can effectively manage compliance.

The following are key questions that companies should proactively consider：

Does the company have complete, reliable, and traceable information?

1. What raw materials and chemical substances are used in the products? Does the company have complete, reliable, and traceable information about them?
2. Which suppliers provide the components? Are the relevant test reports and substance declarations still valid and up to date?
3. Do the concentrations of relevant substances exceed applicable regulatory limits? Are virgin or recycled materials being used? For example, do the recycled materials contain any regulated flame retardants?
4. Which products are exported to which countries or regions, and which latest applicable regulations apply?
5. When regulations are updated or materials are changed, which part numbers, suppliers, or products may be affected?？

Companies should establish traceable product compliance information through material data collection, supplier management, and testing and verification. This enables them to identify and address compliance risks at an early stage.

Taking EU POPs as an example, if a company does not know whether recycled plastics contain regulated flame retardants, or cannot trace the presence and concentration of PFAS in materials supplied by its vendors, it cannot reliably determine whether its products meet applicable regulatory requirements. This illustrates the compliance risks that can arise from a lack of transparency.

In complex, multi-tiered supply chains, identifying POPs can be a major challenge when products contain numerous components sourced from different suppliers. Companies need to accurately determine whether their products contain substances regulated under the EU POPs Regulation and whether the concentrations of these substances comply with applicable regulatory limits.

As a world-leading testing, inspection, and certification company, SGS offers the following two service packages for testing substances regulated under POPs requirements, helping companies reduce costs and streamline compliance management

• SGS EU POPs Solution A: Common Industrial Substance Testing (18 Substances)
  • Service Focus: Targeted testing of high-risk regulated substances.
  • Target Audience: Companies with relatively simple product lines or those seeking to prioritize testing based on risk levels.
• SGS EU POPs Solution B: Comprehensive EU POPs Testing (32 Substances)
  • Service Focus: Comprehensive testing for all EU POPs-regulated substances in products.
  • Target Audience: Companies that need to meet the stringent requirements of major brands or buyers, or that need to provide comprehensive test reports and declarations.

As regulatory requirements continue to evolve, SGS helps you integrate material information and supplier management. Through professional testing and verification, we enhance supply chain transparency, proactively identify and address potential risks, and help minimize overall product compliance risks.