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

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dossier	COM(2021)656 - Amendment of Annexes IV and V to Regulation 2019/1021 on persistent organic pollutants.
document	COM(2021)656
date	November 23, 2022

Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ L 109, 24.4.2019, p. 6).

(8) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

(9) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(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).

ANNEX

Annexes IV and V are amended as follows:

(1)

Annex IV is amended as follows:

(a)

the following rows are added to the table:

‘Pentachlorophenol, its salts and esters	87-86-5 and others	201-778-6 and others	100 mg/kg
Dicofol	115-32-2	204-082-0	50 mg/kg
Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, as set out in Annex I	335-67-1 and others	206-397-9 and others	1 mg/kg (PFOA and its salts), 40 mg/kg (sum of PFOA-related compounds) The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value, where such lowering is feasible in accordance with scientific and technical progress, no later than 30 December 2027.
Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds	355-46-4 and others	355-46-4 and others	1 mg/kg (PFHxS and its salts), 40 mg/kg (sum of PFHxS-related compounds) The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value, where such lowering is feasible in accordance with scientific and technical progress, no later than 30 December 2027.’

(b)

the row for the substance Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs) is replaced by the following:

‘Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)

85535-84-8

287-476-5

1 500 mg/kg

The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value no later than 30 December 2027.’

(c)

the rows for the substances Tetrabromodiphenyl ether C12H6Br4O, Pentabromodiphenyl ether C12H5Br5O, Hexabromodiphenyl ether C12H4Br6O, Heptabromodiphenyl ether C12H3Br7O and Decabromodiphenyl ether C12Br10O are replaced by the following:

‘Tetrabromodiphenyl ether C12H6Br4O

40088-47-9

and others

254-787-2

and others

Sum of the concentrations of tetrabromodiphenyl ether C12H6Br4O, pentabromodiphenyl ether C12H5Br5O, hexabromodiphenyl ether C12H4Br6O, heptabromodiphenyl ether C12H3Br7O and decabromodiphenyl ether C12Br10O:

(a)	until 29 December 2027, 500 mg/kg;

(b)

from 30 December 2025 until 28 December 2027, 350 mg/kg, or, if higher, the sum of the concentration of those substances where they are present in mixtures or articles, as set out in the fourth column, point 2, of Annex I for the substances tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether;

(c)

from 30 December 2027, 200 mg/kg or, if higher, the sum of the concentration of those substances where they are present in mixtures or articles, as set out in the fourth column, point 2, of Annex I for the substances tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether.’

Pentabromodiphenyl ether C12H5Br5O

32534-81-9

and others

251-084-2

and others

Hexabromodiphenyl ether C12H4Br6O

36483-60-0

and others

253-058-6

and others

Heptabromodiphenyl ether C12H3Br7O

68928-80-3

and others

273-031-2

and others

Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE) C12Br10O

1163-19-5

and others

214-604-9

and others

(d)

the row for the substances Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) is replaced by the following:

‘Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs)

5 μg/kg (1)

The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value, where such lowering is feasible in accordance with scientific and technical progress, no later than 30 December 2027.

(e)

the row for the substance hexabromocyclododecane is replaced by the following:

‘Hexabromocyclododecane (2)

25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8

247-148-4 221-695-9

500 mg/kg

The Commission shall review that concentration limit and shall, where appropriate, adopt a legislative proposal to lower that value to not higher than 200 mg/kg no later than 30 December 2027.

(2)

Part 2 of Annex V is amended as follows:

(a)

in the second paragraph, the first column of the table, headed ‘Wastes as classified in Decision 2000/532/EC’, is amended as follows:

(i)	the following text is inserted after ‘10.01 Wastes from power stations and other combustion plants (except 19)’: ‘10 01 03: fly ash from peat and untreated wood’;

(ii)	the following text is inserted after ‘17 05 03* Soil and stones containing hazardous substances’: ‘17 05 04: soil and stones other than those mentioned in 17 05 03’;

(iii)

the following text is inserted after ‘19 04 03* Non-vitrified solid phase’:

‘20 MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS

20 01: separately collected fractions (except 15 01)

20 01 41: wastes from chimney sweeping’;

(b)

in the second paragraph, the second column of the table, headed ‘Maximum concentration limits of substances listed in Annex IV’, is amended as follows:

(i)	the text ‘Polychlorinated dibenzo-p-dioxins and dibenzofurans: 5 mg/kg;’ is replaced by the following: ‘Polychlorinated dibenzo-p-dioxins and dibenzofurans and dioxin-like polychlorinated biphenyls (dl-PCBs): 5 mg/kg;’;

(ii)

the text ‘Sum of the concentrations of tetrabromodiphenyl ether C12H6Br4O), pentabromodiphenyl ether (C12H5Br5O), hexabromodiphenyl ether (C12H4Br6O) and heptabromodiphenyl ether (C12H3Br7O): 10 000 mg/kg;’ is replaced by the following:

‘Sum of the concentrations of tetrabromodiphenyl ether (C12H6Br4O), pentabromodiphenyl ether (C12H5Br5O), hexabromodiphenyl ether (C12H4Br6O), heptabromodiphenyl ether (C12H3Br7O) and decabromodiphenyl ether (C12Br10O): 10 000 mg/kg;’;

(iii)

the following text is added after ‘Toxaphene: 5 000 mg/kg.’:

‘Pentachlorophenol, its salts and esters: 1 000 mg/kg;

Dicofol: 5 000 mg/kg;

Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds: 50 mg/kg (PFOA and its salts), 2 000 mg/kg (PFOA-related compounds);

Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds:

50 mg/kg (PFHxS and its salts), 2 000 mg/kg (PFHxS-related compounds).’;

(c)

the third paragraph is replaced by the following:

‘The maximum concentration limit of polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD and PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs) shall be calculated according to the following toxic equivalency factors (TEFs):

Toxicity equivalency factors (TEFs) for PCDD, PCDF and dl-PCBs

PCDD	TEF
2,3,7,8-TeCDD	1
1,2,3,7,8-PeCDD	1
1,2,3,4,7,8-HxCDD	0,1
1,2,3,6,7,8-HxCDD	0,1
1,2,3,7,8,9-HxCDD	0,1
1,2,3,4,6,7,8-HpCDD	0,01
OCDD	0,0003
PCDF	TEF
2,3,7,8-TeCDF	0,1
1,2,3,7,8-PeCDF	0,03
2,3,4,7,8-PeCDF	0,3
1,2,3,4,7,8-HxCDF	0,1
1,2,3,6,7,8-HxCDF	0,1
1,2,3,7,8,9-HxCDF	0,1
2,3,4,6,7,8-HxCDF	0,1
1,2,3,4,6,7,8-HpCDF	0,01
1,2,3,4,7,8,9-HpCDF	0,01
OCDF	0,0003
dl-PCBs	TEF
PCB 77	0,0001
PCB 81	0,0003
PCB 105	0,00003
PCB 114	0,00003
PCB 118	0,00003
PCB 123	0,00003
PCB 126	0,1
PCB 169	0,03
PCB 156	0,00003
PCB 157	0,00003
PCB 167	0,00003
PCB 189	0,00003 ’

(1) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third paragraph, in the table, of Annex V.’;

(2) “Hexabromocyclododecane” means hexabromocyclododecane, 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers: alpha-hexabromocyclododecane, beta-hexabromocyclododecane and gamma-hexabromocyclododecane.’;