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Regulation (EC) No 850/2004 of the European Parliament and of the Council (repealed)Show full title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Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (repealed)

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ANNEX ILIST OF SUBSTANCES SUBJECT TO PROHIBITIONS

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

a

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).

SUBSTANCECAS NoEC NoSPECIFIC EXEMPTION ON INTERMEDIATE USE OR OTHER SPECIFICATION
Aldrin309-00-2206-215-8-
Chlordane57-74-9200-349-0-
Dieldrin60-57-1200-484-5-
Endrin72-20-8200-775-7-
Heptachlor76-44-8200-962-3-
Hexachlorobenzene118-74-1200-273-9-
Mirex2385-85-5219-196-6-
Toxaphene8001-35-2232-283-3-
Polychlorinated Biphenyls (PCB)1336-36-3 and others215-648-1 and othersWithout 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)50-29-3200-024-3

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/EECa.

Part B - Substances listed only in the Protocol

SUBSTANCECAS NoEC NoSPECIFIC EXEMPTION ON INTERMEDIATE USE OR OTHER SPECIFICATION
Chlordecone143-50-0205-601-3-
Hexabromobiphenyl36355-01-8252-994-2-
HCH, including lindane608-73-1, 58-89-9210-168-9, 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.

ANNEX IILIST OF SUBSTANCES SUBJECT TO RESTRICTIONS

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

SUBSTANCECAS NoEC NoCONDITIONS OF RESTRICTION
-

Part B - Substances listed only in the Protocol

SUBSTANCECAS NoEC NoCONDITIONS OF RESTRICTION

ANNEX IIILIST OF SUBSTANCES SUBJECT TO RELEASE REDUCTION PROVISIONS

a

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.

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)a

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

SUBSTANCECAS NoEC NoCONCENTRATION LIMIT REFERRED TO IN ARTICLE 7(4)(a), ppm (parts per million)
Aldrin309-00-2206-215-8
Chlordane57-74-9200-349-0
Dieldrin60-57-1200-484-5
Endrin72-20-8200-775-7
Heptachlor76-44-8200-962-3
Hexachlorobenzene118-74-1200-273-9
Mirex2385-85-5219-196-6
Toxaphene8001-35-2232-283-3
Polychlorinated Biphenyls (PCB)1336-36-3 and others215-648-1
DDT (1,1,1 -trichloro-2,2-bis(4-chlorophenyl) ethane)50-29-3200-024-3
Chlordecone143-50-0205-601-3
Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)
HCH, including lindane608-73-1, 58-89-9210-168-9, 200-401-2
Hexabromobiphenyl36355-01-8252-994-2

ANNEX VWASTE MANAGEMENT

Part 1Disposal 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 2Wastes 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).

a

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.

b

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).

c

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

d

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.

Wastes as classified in Commission Decision 2000/532/ECMaximum concentration limits of substances listed in Annex IVOperation
10WASTES 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 01Wastes from power stations and other combustion plants (except 19)
10 01 14dBottom ash, slag and boiler dust from co-incineration containing dangerous substances
10 01 16dFly ash from co-incineration containing dangerous substances
Wastes from the iron and steel industry
10 02whereby the provisions of Council Directive 1999/31/ECa and Council Decision 2003/33/ECb have to be adhered to and whereby it has been demonstrated that the selected operation is environmentally preferable.
10 02 07dSolid wastes from gas treatment containing dangerous substances
10 03Wastes from aluminium thermal metallurgy
10 03 04dPrimary production slags
10 03 08dSalt slags from secondary production
10 03 09dBlack drosses from secondary production
10 03 19dFlue-gas dust containing dangerous substances
10 03 21dOther particulates and dust (including ball-mill dust) containing dangerous substances
10 03 29dWastes from treatment of salt slags and black drosses containing dangerous substances
10 04Wastes from lead thermal metallurgy
10 04 01dSlags from primary and secondary production
10 04 02dDross and skimmings from primary and secondary production
10 04 04dFlue-gas dust
10 04 05dOther particulates and dust
10 04 06dSolid wastes from gas treatment
10 05Wastes from zinc thermal metallurgy
10 05 03dFlue-gas dust
10 05 05dSolid waste from gas treatment
10 06Wastes from copper thermal metallurgy
10 06 03dFlue-gas dust
10 06 06dSolid wastes from gas treatment
10 08Wastes from other non-ferrous thermal metallurgy
10 08 08dSalt slag from primary and secondary production
10 08 15dFlue-gas dust containing dangerous substances
10 09Wastes from casting of ferrous pieces
10 09 09dFlue-gas dust containing dangerous substances
16WASTES NOT OTHERWISE SPECIFIED IN THE LIST
16 11Waste linings and refractories
16 11 01dCarbon-based linings and refractories from metallurgical processes containing dangerous substances
16 11 03dOther linings and refractories from metallurgical processes containing dangerous substances
17CONSTRUCTION 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 wastec (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 01concrete, bricks, tiles and ceramics
17 01 06dMixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing dangerous substances.
17 05Soil including excavated soil from contaminated sites, stones and dredging spoil
17 05 03dInorganic fraction of soil and stones containing dangerous substances
17 09Other construction and demolition wastes
17 09 02dConstruction and demolition wastes containing PCB, excluding PCB containing equipment.
17 09 03dOther 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.
19WASTES 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 01Wastes from incineration or pyrolysis of waste
19 01 07dSolid wastes from gas treatment
19 01 11dBottom ash and slag containing dangerous substances
19 01 13dFly ash containing dangerous substances
19 01 15dBoiler dust containing dangerous substances
19 04Vitrified waste and waste from vitrification
19 04 02dFly ash and other flue-gas treatment wastes
Non-vitrified solid phasewhereby 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 03d
(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).

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