Regulation 2004/850 - Persistent organic pollutants - Main contents
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official title
Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2004/850 |
| Original proposal | COM(2003)333  |
| CELEX number i | 32004R0850 |
| Document | 29-04-2004 |
|---|---|
| Publication in Official Journal | 30-04-2004; Special edition in Estonian: Chapter 15 Volume 008,Special edition in Croatian: Chapter 15 Volume 010,OJ L 158, 30.4.2004,Special edition in Romanian: Chapter 15 Volume 012,Special edition in Slovak: Chapter 15 Volume 008,Special edition in Maltese: Chapter 15 Volume 008,Special edition in Latvian: Chapter 15 Volume 008,Special edition in Slovenian: Chapter 15 Volume 008,Special edition in Lithuanian: Chapter 15 Volume 008,Special edition in Czech: Chapter 15 Volume 008,Special edition in Hungarian: Chapter 15 Volume 008,Special edition in Polish: Chapter 15 Volume 008,Special edition in Bulgarian: Chapter 15 Volume 012 |
| Effect | 20-05-2004; Entry into force Date pub. + 20 See Art 2 |
| End of validity | 14-07-2019; Repealed by 32019R1021 |
30.4.2004 |
EN |
Official Journal of the European Communities |
L 158/7 |
REGULATION (EC) NO 850/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
on persistent organic pollutants and amending Directive 79/117/EEC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the European Economic and Social Committee (2),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
(1) |
This Regulation primarily concerns environmental protection and the protection of human health. The legal basis is therefore Article 175(1) of the Treaty. |
(2) |
The Community is seriously concerned by the continuous release of persistent organic pollutants into the environment. These chemical substances are transported across international boundaries far from their sources and they persist in the environment, bioaccumulate through the food web, and pose a risk to human health and the environment. Further measures need therefore to be taken in order to protect human health and the environment against these pollutants. |
(3) |
In view of its responsibilities for the protection of the environment, the Community signed on 24 June 1998 the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, hereinafter "the Protocol", and on 22 May 2001 the Stockholm Convention on Persistent Organic Pollutants, hereinafter "the Convention". |
(4) |
While legislation at Community level relating to persistent organic pollutants has been put in place, its main deficiencies are that there is an absence of, or incomplete legislation on, prohibition of the production and use of any of the currently listed chemicals, that there is no framework to subject additional persistent organic pollutant substances to prohibitions, restrictions or elimination, nor any framework to prevent the production and use of new substances that exhibit persistent organic pollutant characteristics. No emission reduction targets, as such, have been set at Community level and the current release inventories do not cover all sources of persistent organic pollutants. |
(5) |
In order to ensure coherent and effective implementation of the Community's obligations under the Protocol and the Convention, it is necessary to establish a common legal framework, within which to take measures designed in particular to eliminate the production, placing on the market and use of intentionally produced persistent organic pollutants. Furthermore, persistent organic pollutants' characteristics should be taken into consideration in the framework of the relevant Community assessment and authorisation schemes. |
(6) |
Coordination and coherence should be ensured when implementing at Community level the provisions of the Rotterdam (4), Stockholm and Basel Conventions (5) and when participating in the development of the Strategic Approach to International Chemicals Management (SAICM) within the United Nations framework. |
(7) |
Moreover, considering that the provisions of this Regulation are underpinned by the precautionary principle as set forth in the Treaty, and mindful of Principle 15 of the Rio Declaration on Environment and Development and in view of the aim of elimination, where feasible, of the release of persistent organic pollutants into the environment, it is appropriate in certain cases to provide for control measures stricter than those under the Protocol and the Convention. |
(8) |
In the future, the proposed REACH Regulation could be an appropriate... |
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