The EU is finally coming for a group of pollutants that linger in recycled plastics and pose a threat to human health.
By tightening restrictions on a group of persistent toxic chemicals, the European Commission is drawing a sharper line between circularity and safety. A new delegated regulation, now open for public consultation, proposes lower thresholds for five polybrominated diphenyl ethers (PBDEs)—flame retardants once ubiquitous in electronics and furniture—that continue to haunt recycled materials long after their phase-out.
PBDEs are no ordinary chemicals. Tetra-, penta-, hexa-, hepta- and decaBDE are part of a class of substances listed under the Stockholm Convention on Persistent Organic Pollutants, to which the EU is a signatory. Their qualities—persistence in the environment, ability to bioaccumulate, and toxicity—make them particularly unwelcome guests in consumer products. Yet despite bans on their manufacture and use, they are still cropping up in toys, kitchenware and other items made from recycled plastic.
The problem stems from legacy contamination. For decades, PBDEs were added to plastics to make them fire-resistant. Today, as Europe pushes to increase recycling rates in pursuit of a circular economy, some of these contaminated materials are being unwittingly recirculated. The Commission’s concern is simple: the benefits of recycling must not come at the cost of reintroducing toxic substances into homes.
To address this, the proposed regulation would lower the so-called “unintentional trace contaminant” (UTC) limits for PBDEs in mixtures and articles. Currently set at 500 mg/kg, the limit for recovered materials would fall to 350 mg/kg in 2025 and 200 mg/kg by the end of 2027. For toys and childcare products, where exposure is more direct and risks are higher, the final limit drops dramatically to just 10 mg/kg, effective 18 months after the law takes effect.
The changes are more than symbolic. Lower thresholds will require manufacturers and recyclers to be more vigilant, using analytical techniques like X-ray fluorescence (XRF) or gas chromatography–mass spectrometry (GC-MS) to detect contamination at lower levels. Fortunately, these methods are already in use and capable of meeting the new detection requirements.
The move follows earlier action in 2022 that reduced the concentration limits for PBDEs in waste. The new regulation builds on that by focusing on products re-entering the market—especially those made from recycled plastic. The Commission’s intent is clear: detoxify the circular economy.
For industry, the shift may bring added compliance costs, especially for firms relying on low-cost recycled inputs. But the political momentum is with precaution. The proposed limits reflect mounting public concern about chemical exposure in everyday products, particularly for vulnerable populations like children.In balancing the ambitions of the Green Deal with the hard realities of chemical legacy, the Commission is walking a fine line. The challenge is ensuring that Europe’s march toward sustainability does not retrace the toxic steps of its past. This regulation is a reminder that the road to a circular economy must also be a clean one.
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