POPs in plain terms
The POPs Regulation, formally Regulation (EU) 2019/1021 on persistent organic pollutants, protects human health and the environment from POPs by prohibiting, phasing out as soon as possible or restricting the manufacturing, placing on the market and use of the substances subject to the Stockholm Convention and the Protocol on POPs to the 1979 Convention on Long-Range Transboundary Air Pollution, by minimising their releases, and by laying down rules for waste consisting of, containing or contaminated by them (Art. 1). It is a recast of Regulation (EC) No 850/2004, which it repealed when it entered into force on 15 July 2019 (Art. 21 and Art. 22). As a regulation it applies directly in every Member State, and Member States may apply stricter requirements in accordance with the TFEU (Art. 1).
The operative rule is short: the manufacturing, placing on the market and use of the substances listed in Annex I, whether on their own, in mixtures or in articles, is prohibited, subject to the exemptions in Article 4 (Art. 3(1)). The definitions of substance, mixture, article, manufacturing, use, import and placing on the market are borrowed from REACH (Art. 2), so the regulation reaches consumer goods such as textiles, plastics, coatings and electronics as much as it reaches chemical producers. Because the listed substances persist and accumulate, the prohibition is close to absolute: a substance is tolerated only as an unintentional trace contaminant at the concentration set in its entry, or under a specific, time-limited exemption.
Official text Read the regulation on EUR-Lex: Regulation (EU) 2019/1021 (CELEX 32019R1021), or the consolidated text of 1 January 2026 that incorporates the 17 amending acts adopted up to then; Delegated Regulation (EU) 2026/1423 adds chlorpyrifos from 30 September 2026.
Scope
Annex I Part A lists the substances that are in the Convention and the Protocol or in the Convention alone. As of 1 January 2026 it holds 32 entries: tetra-, penta-, hexa-, hepta- and decabromodiphenyl ether, PFOS, DDT, chlordane, hexachlorocyclohexanes including lindane, dieldrin, endrin, heptachlor, endosulfan, hexachlorobenzene, chlordecone, aldrin, pentachlorobenzene, PCBs, mirex, toxaphene, hexabromobiphenyl, hexabromocyclododecane (HBCDD), hexachlorobutadiene, pentachlorophenol, polychlorinated naphthalenes, short-chain chlorinated paraffins (SCCPs), PFOA, dicofol, PFHxS, methoxychlor, UV-328 and Dechlorane Plus. Chlorpyrifos becomes the 33rd entry on 30 September 2026 (Delegated Regulation (EU) 2026/1423). Annex I Part B, for substances listed only in the Protocol, and Annex II, for substances subject to restriction rather than prohibition, currently contain no entries (Annex I and Annex II). Annex III names the substances whose releases Member States must inventory and reduce: dioxins and furans and PCBs in Part A, and hexachlorobenzene, polycyclic aromatic hydrocarbons, pentachlorobenzene, hexachlorobutadiene and polychlorinated naphthalenes in Part B (Art. 6 and Annex III). Annex IV lists 30 substances with the concentration limits above which waste must be destroyed (Art. 7 and Annex IV).
Article 4 carves out three situations. A substance used for laboratory-scale research or as a reference standard is outside Article 3 (Art. 4(1)(a)). A substance present as an unintentional trace contaminant, as specified in its entry, is outside Article 3 (Art. 4(1)(b)); an unintentional trace contaminant is a level that is incidentally present in a minimal amount, below which the substance cannot be meaningfully used, and above the detection limit of existing methods (Art. 2(12)). And a substance in articles already in use before the regulation or Regulation (EC) No 850/2004 became applicable to it is outside Article 3, with a six-month window for articles produced before a substance listed after 15 July 2019 became covered (Art. 4(2)). A Member State may in addition permit manufacturing and use as a closed-system site-limited intermediate, but only where the entry carries an annotation, the Convention Secretariat has been notified and the manufacturer has demonstrated rigorous containment and transformation to the competent authority (Art. 4(3)).
The regulation binds activities rather than a closed list of operators: whoever manufactures, imports, places on the market or uses a listed substance is caught (Art. 2 and Art. 3(1)). Holders of stockpiles and producers, holders and treaters of waste carry the duties in Articles 5 and 7.
The listed substances and their limits
Each Annex I entry sets its own tolerance. PFOA, PFOS and PFHxS with their salts are tolerated up to 0,025 mg/kg (0,0000025 % by weight) in substances, mixtures and articles and their related compounds up to 1 mg/kg as a sum; the PFOS values apply since 3 December 2025 under Delegated Regulation (EU) 2025/718, which aligned the older PFOS limits with PFOA and deleted the hard chromium plating exemption that had run until 7 September 2025. PFOA keeps narrow, higher limits: 20 mg/kg for related compounds in transported isolated intermediates used to make C6 fluorochemicals, 2 mg/kg in medical devices other than invasive and implantable devices, 1 mg/kg and 10 mg/kg in fire-fighting foam already installed in systems until 3 August 2028, and 10 mg/kg for the sum in fluorine-free foam from cleaned equipment; the derogation for using PFOA foam ended on 3 December 2025 and the derogation for perfluorooctyl bromide in pharmaceutical production is reviewed by 31 December 2026 (Annex I, PFOA entry, points 1 to 7). PFHxS is tolerated up to 0,1 mg/kg in concentrated fire-fighting foam mixtures pending a review by 28 August 2026 (PFHxS entry, point 3).
The five polybrominated diphenyl ethers are limited to 10 mg/kg each in substances and, since 17 November 2025, to a sum of 10 mg/kg in mixtures and articles, with derogations for recovered material of 350 mg/kg until 29 December 2027 and 200 mg/kg thereafter, and for toys and childcare products from recovered material of 350 mg/kg until 16 May 2027 and 10 mg/kg from 17 May 2027; food contact materials get no derogation (PBDE entries, point 2, as replaced by Delegated Regulation (EU) 2025/1482). Electrical and electronic equipment within the RoHS Directive and, for decaBDE, aircraft, aircraft spare parts and spare parts for motor vehicles produced before 15 July 2019 until 2036 or end of service life remain exempt, and articles in which decaBDE is used must be identifiable by labelling throughout their life cycle (PBDE entries, points 3 and 4; decaBDE entry, points 3 to 8). HBCDD is tolerated up to 75 mg/kg, or 100 mg/kg in recycled polystyrene for EPS and XPS building insulation (HBCDD entry, point 1). SCCPs are allowed below 1 % by weight in substances and mixtures and below 0,15 % in articles (SCCP entry, point 1). Pentachlorophenol is tolerated up to 5 mg/kg and hexachlorobenzene up to 10 mg/kg (their entries); methoxychlor up to 0,01 mg/kg (methoxychlor entry), as is chlorpyrifos from 30 September 2026 (Delegated Regulation (EU) 2026/1423).
The two newest entries phase their limits in. UV-328 is tolerated up to 100 mg/kg from 4 August 2025, 10 mg/kg from 4 August 2027 and 1 mg/kg from 4 August 2029, with placing on the market and use in articles allowed until 4 August 2030 for land-based motor vehicles, industrial and heavy-duty coatings, mechanical separators in blood collection tubes, triacetyl cellulose film in polarisers, photographic paper and aircraft, and spare-part exemptions running to the end of service life or 31 December 2043 (UV-328 entry, points 1 to 3). Dechlorane Plus is tolerated up to 1 000 mg/kg until 15 April 2028 and 1 mg/kg after that date, with exemptions until 26 February 2030 for aerospace, space and defence, medical imaging and radiotherapy, spare-part and repair exemptions to the end of service life or 31 December 2043, and a Commission assessment of prolongation by 1 April 2028 (Dechlorane Plus entry, points 1 to 5). Entries without a stated limit, such as DDT, aldrin or dicofol, tolerate no presence at all. Member States must also remove from use equipment containing more than 0,005 % PCBs in volumes above 0,05 dm3 by 31 December 2025 (PCB entry).
What you must do
Do not manufacture, place on the market or use an Annex I substance, on its own, in a mixture or in an article, above the unintentional-trace limit in its entry, unless Article 4 or the entry itself allows it (Art. 3(1) and Art. 4). In practice this means screening every product family for PFAS treatments, brominated flame retardants, chlorinated paraffins, UV stabilisers and flame-retardant additives, collecting supplier declarations and test evidence against the entry limits, and tracking the step-down dates for PBDEs in recovered material, UV-328 and Dechlorane Plus. Where you rely on an exemption, keep to its purpose, conditions and end date; decaBDE articles must be labelled and PFOA fire-fighting foam may not be used for training (Annex I, decaBDE entry, point 6, and PFOA entry, point 6).
Stockpiles have their own rules. A stockpile of a listed substance for which no use is permitted must be managed as waste under Article 7, and a stockpile above 50 kg of a substance whose use is still permitted must be notified to the competent authority within 12 months of the listing and annually thereafter and managed in a safe, efficient and environmentally sound manner (Art. 5). Member States monitor notified stockpiles (Art. 5(3)).
Waste reaches deep into circular-economy plans. Producers and holders must undertake all reasonable efforts to avoid contaminating waste with Annex IV substances (Art. 7(1)). Waste consisting of, containing or contaminated by an Annex IV substance above its limit must be disposed of or recovered without undue delay so that the POP content is destroyed or irreversibly transformed, through physico-chemical treatment (D9), incineration (D10), energy recovery (R1, excluding PCB waste) or restricted recovery of metals from iron, steel and non-ferrous residues (R4) (Art. 7(2) and Annex V, Part 1). Operations that may lead to recovery, recycling, reclamation or re-use of the POP itself are prohibited (Art. 7(3)). Waste below the Annex IV limits may be handled under ordinary Union waste law, and for the wastes listed in Annex V Part 2 a competent authority may exceptionally authorise permanent storage up to the Part 2 limits once the holder has shown that decontamination is not feasible and destruction is not the environmentally preferable option (Art. 7(4)). Member States ensure control and traceability under Article 17 of Directive 2008/98/EC (Art. 7(6)). The Annex IV limits are 50 mg/kg for most legacy pesticides and PCBs, 100 mg/kg for pentachlorophenol and hexachlorobutadiene, 10 mg/kg for polychlorinated naphthalenes, 1 500 mg/kg for SCCPs, 500 mg/kg for HBCDD, 350 mg/kg for the PBDE sum until 29 December 2027 and 200 mg/kg from 30 December 2027, 1 mg/kg for PFOA or PFHxS and their salts with 40 mg/kg for their related compounds, and 5 μg/kg for dioxins, furans and dioxin-like PCBs, with the SCCP, dioxin, HBCDD, PFOA and PFHxS values under review by 30 December 2027 (Annex IV). Transitional values of 10 μg/kg and 15 μg/kg for ashes ended on 30 December 2023 and 31 December 2024 (Art. 21a).
The annexes move. The Commission amends Annexes I, II and III by delegated act, one per substance, to follow listings under the Convention or the Protocol that the Union has supported, or to adapt entries to scientific and technical progress, and since 1 January 2026 it amends Annexes IV and V the same way (Art. 15). The European Chemicals Agency supports the Commission, publishes listing proposals for an eight-week consultation, and reports within 12 months on the impacts of new waste limits with an opinion of its Committee for Socioeconomic Analysis (Art. 8). Delegated acts take effect only if neither Parliament nor Council objects within two months, extendable by two (Art. 18).
Enforcement and penalties
Each Member State designates the competent authorities responsible for administration and enforcement (Art. 19) and lays down effective, proportionate and dissuasive penalties, notified to the Commission by 16 July 2020 (Art. 14). Member States report on enforcement activities, infringements and penalties (Art. 13(1)(a)), and the Forum for Exchange of Information on Enforcement at the European Chemicals Agency coordinates the network of national enforcement authorities, involving waste authorities on waste issues (Art. 8(2)). Market surveillance draws on Regulation (EU) 2019/1020, whose Annex I lists Regulation (EC) No 850/2004, read as Regulation (EU) 2019/1021 since the recast repealed it (Regulation (EU) 2019/1020, Art. 2(1) and Annex I, point 16; Regulation (EU) 2019/1021, Art. 21).
In Denmark the regulation is enforced under lov om kemikalier (kemikalieloven, lovbekendtgørelse nr. 1200 af 25. september 2025). The minister can delegate tasks to Miljøstyrelsen (§ 45), and Miljøstyrelsen’s chemicals inspection (Kemikalieinspektionen) supervises the POPs rules. The supervisory authority must have an unlawful situation legalised and can order the responsible party to stop sales, inform users of the danger, remedy its cause, recall the substance, mixture or article from dealers and users and destroy it, with dealers and users obliged to return recalled goods (§ 48); it can seize unlawful goods (§ 48 b), order the owner of an online interface to change or remove content that refers to non-compliant substances, mixtures or articles (§ 50) and, where such an order is not complied with or unlawful sales are repeated, have the online interface blocked by court order at its request (§ 50 a). Infringing an EU regulation on the substances, mixtures and articles covered by the law is punished with a fine, rising to imprisonment of up to two years where the infringement was intentional or grossly negligent and caused harm or danger to human or animal health or the environment or where the offender obtained or intended an economic advantage (§ 59, stk. 1, nr. 1, and stk. 2, nr. 1 to 3); companies can be held liable as legal persons (§ 60). The waste rules of Article 7 and Annexes IV and V are enforced separately in Denmark under the environmental protection act (miljøbeskyttelsesloven) and the waste order, through the municipalities and Miljøstyrelsen, not under kemikalieloven.
How Conphora helps
Conphora monitors the POPs Regulation and every delegated act that adds a substance or changes a limit, maps your products and materials against the Annex I entries and the step-down dates that matter to you, and flags where a fluorinated coating, a flame retardant, a UV stabiliser or a recycled input could put you over a limit. The platform helps you gather and keep supplier declarations and test evidence, tracks the exemptions you rely on and their expiry dates, and alerts you when a new listing such as chlorpyrifos or a revised waste limit affects your range, so your compliance stays current across POPs, REACH and RoHS.
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Sources
- Regulation (EU) 2019/1021 on persistent organic pollutants, consolidated text of 1 January 2026 (EUR-Lex)
- Regulation (EU) 2019/1021 as published in OJ L 169, 25 June 2019 (EUR-Lex)
- Document information, dates and relationships for CELEX 32019R1021 (EUR-Lex)
- Commission Delegated Regulation (EU) 2020/784 listing PFOA (EUR-Lex)
- Commission Delegated Regulation (EU) 2020/1203 on the PFOS plating exemption (EUR-Lex)
- Commission Delegated Regulation (EU) 2020/1204 listing dicofol (EUR-Lex)
- Commission Delegated Regulation (EU) 2021/115 amending the PFOA entry (EUR-Lex)
- Commission Delegated Regulation (EU) 2021/277 on pentachlorophenol (EUR-Lex)
- Commission Delegated Regulation (EU) 2022/2291 on hexachlorobenzene (EUR-Lex)
- Regulation (EU) 2022/2400 amending Annexes IV and V on waste limits (EUR-Lex)
- Commission Delegated Regulation (EU) 2023/866 on PFOA in PTFE micropowders (EUR-Lex)
- Commission Delegated Regulation (EU) 2023/1608 listing PFHxS (EUR-Lex)
- Commission Delegated Regulation (EU) 2024/2555 on hexabromocyclododecane (EUR-Lex)
- Commission Delegated Regulation (EU) 2024/2570 listing methoxychlor (EUR-Lex)
- Commission Delegated Regulation (EU) 2025/718 on PFOS limits (EUR-Lex)
- Commission Delegated Regulation (EU) 2025/1399 on PFOA in fire-fighting foam (EUR-Lex)
- Commission Delegated Regulation (EU) 2025/843 listing UV-328 (EUR-Lex)
- Commission Delegated Regulation (EU) 2025/1930 listing Dechlorane Plus (EUR-Lex)
- Commission Delegated Regulation (EU) 2025/1482 on PBDE limits in recovered material (EUR-Lex)
- Regulation (EU) 2025/2457 on the reattribution of scientific and technical tasks (EUR-Lex)
- Commission Delegated Regulation (EU) 2026/1423 listing chlorpyrifos (EUR-Lex)
- Regulation (EU) 2019/1020 on market surveillance and compliance of products (EUR-Lex)
- Waste containing POPs (European Commission, DG Environment)
- Faktaark: Persistente organiske miljøgifte (POP-stoffer) (Miljøstyrelsen)
- Bekendtgørelse af lov om kemikalier, LBK nr. 1200 af 25. september 2025 (Retsinformation)
This guide is for general information and is not legal advice.