Annexes to COM(2003)333 - Persistent organic pollutants - Main contents

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dossier	COM(2003)333 - Persistent organic pollutants.
document	COM(2003)333
date	April 29, 2004

ANNEX I

LIST OF SUBSTANCES SUBJECT TO PROHIBITIONS

Part A - Substances listed in the Convention and in the Protocol

SUBSTANCE	CAS No	EC No	SPECIFIC EXEMPTION ON INTERMEDIATE USE OR OTHER SPECIFICATION
Aldrin	309-00-2	206-215-8	-
Chlordane	57-74-9	200-349-0	-
Dieldrin	60-57-1	200-484-5	-
Endrin	72-20-8	200-775-7	-
Heptachlor	76-44-8	200-962-3	-
Hexachlorobenzene	118-74-1	200-273-9	-
Mirex	2385-85-5	219-196-6	-
Toxaphene	8001-35-2	232-283-3	-
Polychlorinated Biphenyls (PCB)	1336-36-3 and others	215-648-1 and others	Without prejudice to Directive 96/59/EC, articles already in use at the time of entry into force of this Regulation are allowed to be used.
DDT (1,1,1 -trichloro-2,2-bis(4-chlorophenyl) ethane)	50-29-3	200-024-3	Member States may allow the existing production and use of DDT as a closed-system site-limited intermediate for the production of dicofol until 1 January 2014, in accordance with Article 4(3) of this Regulation. The Commission shall review this exemption by 31.12.2008 in the light of the outcome of the evaluation in the framework of Directive 91/414/EEC (1).

Part B - Substances listed only in the Protocol

SUBSTANCE

CAS No

EC No

SPECIFIC EXEMPTION ON INTERMEDIATE USE OR OTHER SPECIFICATION

Chlordecone

143-50-0

205-601-3

Hexabromobiphenyl

36355-01-8

252-994-2

HCH, including lindane

608-73-1, 58-89-9

210-168-9, 200-401-2

By way of derogation, Member States may allow the following uses

(a)

until 1.9.2006:

—	Professional remedial and industrial treatment of lumber, timber and logs;

—	Indoor industrial and residential applications;

(b)

until 31.12.2007:

—	Technical HCH for use as an intermediate in chemical manufacturing;

—	Products in which at least 99 % of the HCH isomer is in the gamma form (lindane) are restricted for use as public health and veterinary topical insecticide.

(1) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

ANNEX II

LIST OF SUBSTANCES SUBJECT TO RESTRICTIONS

Part A - Substances listed in the Convention and in the Protocol

SUBSTANCE	CAS No	EC No	CONDITIONS OF RESTRICTION
-

Part B - Substances listed only in the Protocol

SUBSTANCE	CAS No	EC No	CONDITIONS OF RESTRICTION

ANNEX III

LIST OF SUBSTANCES SUBJECT TO RELEASE REDUCTION PROVISIONS

SUBSTANCE (CAS No)
Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)
Hexachlorobenzene (HCB) (CAS No: 118-74-1)
Polychlorinated biphenyls (PCB)
Polycyclic aromatic hydrocarbons (PAHs) (1)

(1) For the purpose of emission inventories, the following four compound indicators shall be used: benzo(a)pyrene, benzo(b) fluoranthene, benzo(k)fluoranthene and indeno(l,2,3-cd)pyrene.

ANNEX IV

LIST OF SUBSTANCES SUBJECT TO WASTE MANAGEMENT PROVISIONS SET OUT IN ARTICLE 7

SUBSTANCE	CAS No	EC No	CONCENTRATION LIMIT REFERRED TO IN ARTICLE 7(4)(a), ppm (parts per million)
Aldrin	309-00-2	206-215-8
Chlordane	57-74-9	200-349-0
Dieldrin	60-57-1	200-484-5
Endrin	72-20-8	200-775-7
Heptachlor	76-44-8	200-962-3
Hexachlorobenzene	118-74-1	200-273-9
Mirex	2385-85-5	219-196-6
Toxaphene	8001-35-2	232-283-3
Polychlorinated Biphenyls (PCB)	1336-36-3 and others	215-648-1
DDT (1,1,1 -trichloro-2,2-bis(4-chlorophenyl) ethane)	50-29-3	200-024-3
Chlordecone	143-50-0	205-601-3
Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)
HCH, including lindane	608-73-1, 58-89-9	210-168-9, 200-401-2
Hexabromobiphenyl	36355-01-8	252-994-2

ANNEX V

WASTE MANAGEMENT

Part 1 Disposal and recovery under Article 7(2)

The following disposal and recovery operations, as provided for in Annex IIA and IIB of Directive 75/442/EEC, are permitted for the purposes of Article 7(2) when applied in such a way as to ensure that the persistent organic pollutant content is destroyed or irreversibly transformed

D9	Physico-chemical treatment,
D10	Incineration on land, and
R1	Use principally as a fuel or other means to generate energy, excluding waste containing PCBs.

Pre-treatment operation prior to destruction or irreversible transformation pursuant to this Part of this Annex may be performed, provided that a substance listed in Annex IV that is isolated from the waste during the pre-treatment is subsequently disposed of in accordance with this Part of this Annex. In addition, repackaging and temporary storage operations may be performed prior to such pre-treatment or prior to destruction or irreversible transformation pursuant to this part of this Annex.

Part 2 Wastes and operations to which Article 7(4)(b) applies

The following operations are permitted for the purposes of Article 7(4)(b) in respect of the wastes specified, defined by the six-digit code as classified in Commission Decision 2000/532/EC (1).

Wastes as classified in Commission Decision 2000/532/EC

Maximum concentration limits of substances listed in Annex IV

Operation

WASTES FROM THERMAL PROCESSES

Permanent storage only in:

—	safe, deep, underground, hard rock formations,

—	salt mines or

—	a landfill site for hazardous waste (provided that the waste is solidified or stabilised where technically feasible as required for classification of the waste in subchapter 19 03 of Decision 2000/532/EC)

10 01

Wastes from power stations and other combustion plants (except 19)

10 01 14 (5)

Bottom ash, slag and boiler dust from co-incineration containing dangerous substances

10 01 16 (5)

Fly ash from co-incineration containing dangerous substances

Wastes from the iron and steel industry

10 02

whereby the provisions of Council Directive 1999/31/EC (2) and Council Decision 2003/33/EC (3) have to be adhered to and whereby it has been demonstrated that the selected operation is environmentally preferable.

10 02 07 (5)

Solid wastes from gas treatment containing dangerous substances

10 03

Wastes from aluminium thermal metallurgy

10 03 04 (5)

Primary production slags

10 03 08 (5)

Salt slags from secondary production

10 03 09 (5)

Black drosses from secondary production

10 03 19 (5)

Flue-gas dust containing dangerous substances

10 03 21 (5)

Other particulates and dust (including ball-mill dust) containing dangerous substances

10 03 29 (5)

Wastes from treatment of salt slags and black drosses containing dangerous substances

10 04

Wastes from lead thermal metallurgy

10 04 01 (5)

Slags from primary and secondary production

10 04 02 (5)

Dross and skimmings from primary and secondary production

10 04 04 (5)

Flue-gas dust

10 04 05 (5)

Other particulates and dust

10 04 06 (5)

Solid wastes from gas treatment

10 05

Wastes from zinc thermal metallurgy

10 05 03 (5)

Flue-gas dust

10 05 05 (5)

Solid waste from gas treatment

10 06

Wastes from copper thermal metallurgy

10 06 03 (5)

Flue-gas dust

10 06 06 (5)

Solid wastes from gas treatment

10 08

Wastes from other non-ferrous thermal metallurgy

10 08 08 (5)

Salt slag from primary and secondary production

10 08 15 (5)

Flue-gas dust containing dangerous substances

10 09

Wastes from casting of ferrous pieces

10 09 09 (5)

Flue-gas dust containing dangerous substances

WASTES NOT OTHERWISE SPECIFIED IN THE LIST

16 11

Waste linings and refractories

16 11 01 (5)

Carbon-based linings and refractories from metallurgical processes containing dangerous substances

16 11 03 (5)

Other linings and refractories from metallurgical processes containing dangerous substances

CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES)

Permanent storage only in:

—	safe, deep, underground, hard rock formations,

—	salt mines or

—	a landfill site for hazardous waste (4) (provided that the waste is solidified or stabilised where technically feasible as required for classification of the waste in subchapter 19 03 of Decision 2000/532/EC)

17 01

concrete, bricks, tiles and ceramics

17 01 06 (5)

Mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing dangerous substances.

17 05

Soil including excavated soil from contaminated sites, stones and dredging spoil

17 05 03 (5)

Inorganic fraction of soil and stones containing dangerous substances

17 09

Other construction and demolition wastes

17 09 02 (5)

Construction and demolition wastes containing PCB, excluding PCB containing equipment.

17 09 03 (5)

Other construction and demolition wastes containing dangerous substances

whereby the provisions of Directive 1999/31/EC and Decision 2003/33 /EC have to be adhered to and whereby it has been demonstrated that the selected operation is environmentally preferable.

WASTES FROM WASTE MANAGEMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE PREPARATION OF WATER INTENDED FOR HUMAN CONSUMPTION AND WATER FROM INDUSTRIAL USE

Permanent storage only in:

—	safe, deep, underground, hard rock formations,

—	salt mines or

—	a landfill site for hazardous waste (provided that the waste is solidified or stabilised where technically feasible as required for classification of the waste in subchapter 19 03 of Decision 2000/532/EC)

19 01

Wastes from incineration or pyrolysis of waste

19 01 07 (5)

Solid wastes from gas treatment

19 01 11 (5)

Bottom ash and slag containing dangerous substances

19 01 13 (5)

Fly ash containing dangerous substances

19 01 15 (5)

Boiler dust containing dangerous substances

19 04

Vitrified waste and waste from vitrification

19 04 02 (5)

Fly ash and other flue-gas treatment wastes

Non-vitrified solid phase

whereby the provisions of Directive 1999/31/EC and Decision 2003/33/EC have to be adhered to and whereby it has been demonstrated that the selected operation is environmentally preferable.

19 04 03 (5)

(1) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article l(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3). Decision as last amended by Council Decision 2001/573/EC (OJ L 203, 28.7.2001, p. 18).

(2) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1). Directive as last amended by Regulation (EC) No 1882/2003.

(3) Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste and landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ L 11, 16.1.2003, p. 27).

(4) Except in the case of waste containing or contaminated by PCBs above the concentration of 50 ppm.

(5) Any waste marked with an asterisk (*) is considered as hazardous waste pursuant to Directive 91/689/EEC on hazardous waste, and is subject to the provisions of that Directive.