Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of TBPH in Annex A or Annex B to the Stockholm Convention on Persistent Organic Pollutants
Date: 2026-02-04
Institutions: Directorate-General for Environment, European Commission
Subjects: bromine, chemical product, dangerous substance, environmental monitoring, environmental protection, international convention, marketing restriction, organic pollution, pollution control measures, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 4.2.2026  COM(2026) 51 final 2026/0029 (NLE)  Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of TBPH in Annex A or Annex B to the Stockholm Convention on Persistent Organic Pollutants (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The decision concerns a proposal on behalf of the European Union to list the substance bis(2-
ethylhexyl)  tetrabromophthalate  (TBPH)  in  Annex  A  or  B  to  the  Stockholm  Convention  on 
Persistent Organic Pollutants (the Convention). The proposal is the first step in a process that 
will take at least three years before it is possible for the Parties to the Convention to take a 
binding decision. 

The  proposal  is  based  on  a  scientific  assessment  showing  that  the  substance  meets  the 
objective  criteria  established  by  the  Convention  for  identification  of  persistent  organic 
pollutants (POPs). Due to EU’s advanced chemicals legislation and rich data sources, the EU 
has very extensive knowledge about chemicals, including their use and safety. With this solid 
knowledge  about  potential  POP  substances,  which  are  already  or  in  the  process  of  being 
regulated in the EU, the EU aims to take action to control the risks posed by this substance 
globally as well as to provide for global level playing field for the EU industry.  

The Convention, which was approved by Council Decision 2006/507/EC1, entered into force 
on 17 May 2004. The aim of the Convention is to protect human health and the environment 
from POPs. The Convention provides a framework, based on the precautionary principle, for 
elimination  of  production,  use,  import  and  export  of  POPs,  their  safe  handling  and  disposal 
and elimination or reduction of releases of certain unintentional POPs. 

Regulation  (EU)  2019/1021  of  the  European  Parliament  and  of  the  Council2  implements  in 
Union  law  the  commitments  set  out  in  the  Convention  and  in  the  Protocol  to  the  1979 
Convention  on  Long-Range  Transboundary  Air  Pollution  on  Persistent  Organic  Pollutants 
(the Protocol), approved by Council Decision 259/2004/EC3. 

Article  8(1)  of  the  Convention  stipulates  that  any  Party  may  submit  a  proposal  to  the 
Secretariat for listing a chemical in Annexes A, B and/or C to the Convention, which will then 
be  reviewed  by  the  Persistent  Organic  Pollutants  Review  Committee  (POPRC)  following 
Article  8(3)  and  (4).  The  proposal  shall  contain  the  information  specified  in  Annex  D  on 
‘Information  requirements  and  screening  criteria’.  The  POPRC  examines  the  proposal  and 
applies  the  screening  criteria  specified  in  Annex  D.  If  the  POPRC  is  satisfied  that  the 
screening  criteria  have  been  fulfilled,  it  invites  Parties  and  observers  to  submit  information 
specified in Annex E and develops a risk profile. Based on the risk profile, the POPRC makes 
decision  on  whether  the  chemical  is  likely,  as  a  result  of  its  long-range  environmental 
transport, to lead to significant adverse human health and/or environmental effects such that 
global  action  is  warranted.  If  the  POPRC  decides  that  the  proposal  shall  proceed,  it  invites 
Parties  and  observers  to  submit  information  related  to  the  socio-economic  considerations 
specified  in Annex  F and  develops  a  risk  management  evaluation.  On  the  basis  of  the  risk 

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Council  Decision  2006/507/EC  of  14  October  2004  concerning  the  conclusion,  on  behalf  of  the 
European  Community,  of  the  Stockholm  Convention  on  Persistent  Organic  Pollutants  (OJ  L  209, 
31.7.2006, p. 1). 
Regulation  (EU)  2019/1021  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on 
persistent organic pollutants (OJ L 169, 25.6.2019, p. 45). 
Council  Decision  (2004/259/EC)  of  19  February  2004  concerning  the  conclusion,  on  behalf  of  the 
European  Community,  of  the  Protocol  to  the  1979  Convention  on  Long  Range  Transboundary  Air 
Pollution on Persistent Organic Pollutants (OJ L 81, 19.3.2004, p. 35). 

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profile  and  risk  management  evaluation,  the  POPRC  recommends  whether  the  chemical 
should be considered by the Conference of the Parties for listing in Annexes A, B and/or C. 
Based on the recommendation of the POPRC, the Conference of the Parties decides whether 
to  list  a  substance  in  Annex  A  (elimination),  Annex  B  (restriction)  and/or  Annex  C 
(unintentional  production).  The  procedure  for  the  adoption  of  amendments  to  Annexes  is 
governed by Article 22 of the Convention. 

TBPH  is  a  brominated  flame  retardant,  identified  in  the  EU  as  a  Substance  of  Very  High 
Concern  in  accordance  with  article  57(e)  of  Regulation  (EU)  1907/2006,  because  of  its 
properties  as  very  persistent  and  vey  bioaccumulative.  According  to  the  available  scientific 
data, TBPH is also toxic and subject to long range transport, as it has been found in remote 
regions.  Therefore,  TBPH  meets  the  criteria  of  Annex  D  to  the  Convention  and  should  be 
considered  as  a  POP  candidate.  The  details  of  the  assessment  are  available  in  the  scientific 
dossier that will accompany the proposal for listing TBPH in Annex A or B to the Stockholm 
Convention. 

With a view to starting the review of the dossier at the next POPRC meeting in October 2026, 
the  deadline  for  submitting  a  proposal  is  in  April  2026.  Given  the  EU  competencies  in  this 
domain, it is appropriate that the Commission submits on behalf of the Union a proposal for 
the  listing  of  TBPH  in  Annex  A  or  B  to  the  Secretariat  of  the  Stockholm  Convention.  The 
scientific dossier included in the proposal will be reviewed in accordance with the criteria and 
procedures  under  the  Convention  before  a  decision  on  the  listing  may  be  taken  by  the 
Conference of the Parties. The scientific assessment under the Convention takes at least three 
years, and therefore a decision on the listing of TBPH in the Convention will only be possible 
at the ordinary COP in 2029 at the earliest. 

• 

Consistency with existing policy provisions in the policy area 

The  proposal  is  coherent  with  and  complements  the  implementation  of  Regulation  (EU) 
2019/1021, which implements the Stockholm Convention in the Union. It is fully in line with 
the objective to protect human health and the environment from persistent organic pollutants. 

• 

Consistency with other Union policies 

The European Chemical Agency conducted a scientific assessment of the hazard and uses of a 
group of brominated flame retardants4, including TBPH, and, on the basis of the results of this 
work, the Commission is in the process of giving a mandate to ECHA  to prepare an Annex 
XV  dossier  for  a  restriction  under  REACH.  Nominating  TBPH  in  2026  would  allow  to 
progress  the  two  restrictions  (EU  and  international)  in  parallel,  with  the  Stockholm  process 
using  the  information  generated  during  the  REACH  restriction  process  (including  costs, 
benefits  and  availability  of  alternatives).  This  would  avoid  having  a  period  of  several  years 
when the substance would be restricted in the EU but not globally.  
This  initiative  will  reduce  one  of  the  categories  of  the  persistent  pollution  of  EU  waters 
identified under the Water Framework Directive in the European Environment Agency state-
of-water  report5  and  thereby  contribute  to  the  EU’s  Water  Resilience6  and  Zero  Pollution 
agenda7.    In  addition  to  the  global  benefits  from  the  listing  of  TBPH  under  the  Stockholm 

4 

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Regulatory strategy for flame retardants - Publications Office of the EU and fe02b4cb-4603-8189-dab6-
9975f16b509e 
Europe's  state  of  water  2024:  the  need  for  improved  water  resilience  |  Publications  |  European 
Environment Agency (EEA) 
Water resilience strategy - European Commission 
Zero Pollution Action Plan - Environment - European Commission 

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Convention, the proposal would allow to align the future EU restriction that may result from 
the REACH process  with the global restriction  under the Stockholm  Convention  and would 
ensure global level playing field for EU companies. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The procedural legal basis for the proposed Council Decision is Article 218(9) TFEU, which 
is the appropriate basis for an act defining the position of the European Union in relation to an 
international agreement, in this case the Stockholm Convention. 

The substantive legal basis is Article 192 of the TFEU, paragraph 1, given that the measures 
agreed  under  the  Stockholm  Convention  predominantly  pursue  an  environmental  objective 
(i.e. control of persistent organic pollutants). 

• 

Subsidiarity (for non-exclusive competence)  

Persistent  organic  pollutants  are  of  global  concern  and  the  Stockholm  Convention  is 
implemented in the Union by Regulation (EU) 2019/1021. Since the Union is a Party to the 
Convention, it is appropriate that the nomination of a new chemical is done by the Union. 

• 

Proportionality 

Persistent  organic  pollutants  are  of  global  concern  and  the  Stockholm  Convention  aims  at 
eliminating  the  production  and  use  of  those  chemicals.  Therefore,  it  is  proportionate  to 
propose those chemicals to the Convention to ensure that appropriate action is taken at global 
level. 

• 

Choice of the instrument 

The  Stockholm  Convention  is  the  only  instrument  available  to  restrict  globally  persistent 
organic pollutants.  

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

• 

Stakeholder consultations 

The proposal was discussed with the Member States and other stakeholders in the meetings of 
the  Competent  Authorities  for  Regulation  (EU)  2019/1021.  It  was  subject  to  a  public 
consultation from 18 June to 13 August 2025 and the comments received were addressed. 

The comments received did not change the overall conclusion for TBPH. The persistence and 
bioaccumulation sections was extended by including more detailed and updated information 
from  scientific  studies.  The  adverse  effect  section  was  extensively  updated,  including  more 
detailed information on the studies already assessed by the European Chemical Agency in the 
draft  dossier  and  new  information  from  recent  studies.  Based  on  the  existing  data,  the 
screening criteria in Annex D of the Stockholm Convention for persistence, bioaccumulation, 
long-range transport and adverse effects are considered to be met for TBPH. Some comments 
indicated that the substance  is  not  used in  the EU. However, as it is  likely  used outside the 
EU, it can be present in some imported products. 

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• 

Impact assessment 

The decision to nominate TBPH will have no impacts on the EU, as the act alone only gives 
authority for the Union to propose TBPH for listing as POP substances under the Stockholm 
Convention on the basis of its hazard properties. The possible scope of any future restriction 
or ban and the assessment of impacts will be done during the Stockholm Convention process 
and by ECHA in the parallel REACH restriction process. 

Any possible listing in Annex A or B to the Stockholm Convention can only be decided by 
the Conference of the Parties (COP), expected to take place in 2029 at the earliest. The Union 
is  a  Party  to  the  Convention  and  the  EU’s  position  to  be  adopted  at  the  COP  will  be 
established by a Council Decision. This Council Decision will be based on a proposal by the 
Commission  prior to  the COP  in  2029 and will consider the exact  proposal  for a restriction 
proposed  by  the  Convention  bodies  and  the  EU  REACH  restriction  process.  Without 
prejudice to the procedures in place, the EU would normally adopt a position to negotiate a 
listing that is in conformity with EU policies and legislation. This will include the EU relevant 
information generated during the REACH restriction process, including the need for specific 
exemptions.  It  will  be  possible  to  propose  exemptions  for  the  uses  of  TBPH  for  which 
substitution would be very difficult or too expensive. In addition, the EU could still retract the 
proposal during the scientific discussion in the Stockholm Convention, not support the listing 
at the Conference of the Parties or opt-out from the listing, should the impacts be too high. 

• 

Regulatory fitness and simplification 

The  decision  to  propose  TBPH  for  listing  as  POP  under  the  Stockholm  Convention  has  no 
regulatory fitness and simplification effects.  

• 

Fundamental rights 

The proposal has no consequences for the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

An implementation plan, monitoring, evaluation and reporting are not deemed necessary. 

• 

Detailed explanation of the specific provisions of the proposal 

The  proposal  gives  the  Commission  the  mandate  to  propose  the  listing  of  TBPH  in  the 
Stockholm Convention on behalf of the European Union. 

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2026/0029 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of a proposal for the listing of 
TBPH in Annex A or Annex B to the Stockholm Convention on Persistent Organic 
Pollutants 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

The  Stockholm  Convention  on  Persistent  Organic  Pollutants    (‘the  Covention’)  was 
concluded  by  the  European  Community  by  Council  Decision 2006/507/EC1,  which 
entered into force on 17 May 2004. 

In accordance with Article 8(1) of the Convention, as a Party to the Convention, the 
Union may submit proposals for amendment of the Annexes thereto. Annex A to the 
Convention  lists  persistent  organic  pollutants  to  be  eliminated  and  Annex  B  lists 
persistent organic pollutants to be restricted. 

Bis(2-ethylhexyl)  tetrabromophthalate  (‘TBPH’)  is  a  brominated  flame  retardant, 
identified in the Union as a substance of very high concern in accordance with Article 
57,  point  (e)  of  Regulation  (EU)  1907/2006  of  the  European  Parliament  and  of  the 
Council2,  because  of  its  properties  as  very  persistent  and  very  bioaccumulative. 
According to the available scientific data, TBPH is also toxic and subject to long range 
transport, as it has been found in remote regions. Therefore, TBPH meets the criteria 
of  Annex  D  to  the  Convention  and  should  be  considered  as  a  persistent  organic 
pollutant. 

(4) 

It is therefore necessary that the Union should submit a proposal to the Secretariat of 
the  Convention  for  the  listing  TBPH  in  Annex  A  or  Annex  B  to  the  Convention  to 
reduce the global emissions of this substance, 

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Council  Decision  2006/507/EC  of  14  October  2004  concerning  the  conclusion,  on  behalf  of  the 
European  Community,  of  the  Stockholm  Convention  on  Persistent  Organic  Pollutants  (OJ  L  209, 
31.7.2006, p. 1, ELI: http://data.europa.eu/eli/dec/2006/507/oj). 
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 
concerning  the  Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH), 
establishing  a  European  Chemicals  Agency,  amending  Directive  1999/45/EC  and  repealing  Council 
Regulation  (EEC)  No  793/93  and  Commission  Regulation  (EC)  No  1488/94  as  well  as  Council 
Directive  76/769/EEC  and  Commission  Directives  91/155/EEC,  93/67/EEC,  93/105/EC  and 
2000/21/EC (OJ L 396, 30.12.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/1907/oj). 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  Union  shall  submit  a  proposal  for  the  listing  of  bis(2-ethylhexyl)  tetrabromophthalate 
(TBPH)  in  Annex  A  or  Annex  B  to  the  Stockholm  Convention  on  Persistent  Organic 
Pollutants (‘the Convention’). 

The Commission shall communicate the proposal on behalf of the Union to the Secretariat of 
the Convention with all the information required under Annex D to the Convention. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2  

For the Council 
The President 

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