Legal provisions of COM(2021)656 - Amendment of Annexes IV and V to Regulation 2019/1021 on persistent organic pollutants

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Article 1

Regulation (EU) 2019/1021 is amended as follows:

(1)the following article is inserted:

‘Article 21a

Transitional provision

1. A value of 10 μg/kg shall apply to fly ashes from biomass units for heat and power production containing or contaminated by polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyl (dl-PCBs) as listed in Annex IV until 30 December 2023. The value of 5 μg/kg provided for in Annex IV shall apply to fly ashes from biomass units for heat and power production from 31 December 2023.

2. A value of 15 μg/kg shall continue to apply for ashes and soot from private households containing or contaminated by polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) as listed in Annex IV until 31 December 2024. For ashes and soot from private households containing or contaminated by polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs), the value of 5 μg/kg provided for in Annex IV shall apply from 1 January 2025.’;

(2)Annexes IV and V are amended in accordance with the Annex to this Regulation.

Article 2

The Commission shall assess whether it would be appropriate to amend Directive 2008/98/EC or Decision 2000/532/EC, or both, to recognise that waste containing any persistent organic pollutants exceeding the concentration limits specified in Annex IV to Regulation (EU) 2019/1021 is to be classified as hazardous, and, if appropriate, based on that assessment and not later than 36 months after entry into force of this Regulation, shall put forward a legislative proposal to amend Directive 2008/98/EC or a proposal to amend Decision 2000/532/EC, or both, accordingly.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 10 June 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States.