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Regulation (EU) 2019/1021 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (Text with EEA relevance)

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ANNEX IU.K.

Part AU.K.Substances listed in the Convention and in the Protocol as well as substances listed only in the Convention

F1. . .
a

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p.1).

b

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC F2....

F3. . .
c

Commission Regulation (EU) 2016/293 of 1 March 2016 amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants as regards Annex I (OJ L 55, 2.3.2016, p. 4).

e

Polychlorinated naphthalenes means chemical compounds based on the naphthalene ring system, where one or more hydrogen atoms have been replaced by chlorine atoms.

f

[F4Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC.]

SubstanceCAS NoEC NoSpecific exemption on intermediate use or other specification

Tetrabromodiphenyl ether

C12H6Br4O

40088-47-9 and others254-787-2 and others

[X11.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of tetrabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F5appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

3. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F6the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing tetrabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Pentabromodiphenyl ether

C12H5Br5O

32534-81-9 and others251-084-2 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of pentabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F7appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[X13. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F8the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing pentabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Hexabromodiphenyl ether

C12H4Br6O

36483-60-0 and others253-058-6 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of hexabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F9appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[X13. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F10the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing hexabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Heptabromodiphenyl ether

C12H3Br7O

68928-80-3 and others273-031-2 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of heptabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F11appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[X13. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F12the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing heptabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE)1163-19-5214-604-9

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of decaBDE equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentrations of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F13Secretary of State] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[F143.By way of derogation, the manufacturing, placing on the market and use of decaBDE are allowed for the following purposes:

(a)

in the manufacturing of an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, until 18 December 2023, or, in cases where the continuing need is justified, until 2 March 2027;

(b)

in the manufacturing of spare parts for either of the following:

(i)

an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, produced before 18 December 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft;

(ii)

a motor vehicle within the scope of Regulation (EU) 2018/858 of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC and produced before 15 July 2019, either until 2036 or the end of service life of that motor vehicle, whichever date comes earlier;

(c)

electric and electronic equipment within the scope of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.]

[X14. The specific exemptions for spare parts for use in motor vehicles referred to in point 3(b)(ii) shall apply for the manufacturing and use of commercial decaBDE falling into one or more of the following categories:

(a)

powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors;

(b)

fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body;

(c)

pyrotechnical devices and applications affected by pyrotechnical devices such as airbag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side).

5.Use of articles already in use before 15 July 2019 in the Union containing decaBDE shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

6.Without prejudice to the application of other [F15retained EU law] on the classification, packaging and labelling of substances and mixtures, articles in which decaBDE is used shall be identifiable by labelling or other means throughout its life cycle.

[X17.The placing on the market and use of articles containing decaBDE imported for the purposes of the specific exemptions in point 3 shall be allowed until the expiry of those exemptions. Point 6 shall apply as if such articles were produced pursuant to the exemption in point 3. Such articles already in use by the date of expiry of the relevant exemption may continue to be used.]

8.For the purposes of this entry ‘aircraft’ means the following:

(a)

a civil aircraft produced in accordance with a type certificate issued under Regulation (EC) No 216/2008 of the European Parliament and of the Councilb or with a design approval issued under the national regulations of a contracting state of ICAO, or for which a certificate of airworthiness has been issued by an ICAO Contracting State under Annex 8 to the Convention on International Civil Aviation;

(b)

a military aircraft.

Perfluorooctane sulfonic acid and its derivatives (PFOS)

C8F17SO2X

(X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers)

1763-23-1

2795-39-3

29457-72-5

29081-56-9

70225-14-8

56773-42-3

251099-16-8

4151-50-2

31506-32-8

1691-99-2

24448-09-7

307-35-7 and others

217-179-8

220-527-1

249-644-6

249-415-0

274-460-8

260-375-3

223-980-3

250-665-8

216-887-4

246-262-1

206-200-6 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOS equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances or in mixtures.

2.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOS in semi-finished products or articles, or parts thereof, if the concentration of PFOS is lower than 0,1 % by weight calculated with reference to the mass of structurally or micro-structurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is lower than 1 μg/m2 of the coated material.

3.Use of articles already in use in the Union before 25 August 2010 containing PFOS shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

[F164. If the quantity released into the environment is minimised, manufacturing and placing on the market shall be allowed until 7 September 2025 for use as mist suppressant for non-decorative hard chromium (VI) plating in closed loop systems. [F17Provided that where PFOS is used the competent authority reports to the appropriate authority] by 7 September 2024 on progress made to eliminate PFOS and justify the continuing need for this use, the [F18appropriate authority] shall review the need for a prolongation of the derogation for this use of PFOS for a maximum of five years by 7 September 2025.]

Where such a derogation concerns production or use in an installation within the scope of [F19the Permitting Regulations], the relevant best available techniques for the prevention and minimisation of emissions of PFOS F20... shall apply.

[F21As soon as new information on details of uses and safer alternative substances or technologies becomes available, the [F22appropriate authority] shall review the derogation in the second subparagraph so that:]

5.Once standards are adopted by the European Committee for Standardisation (CEN) they shall be used as the analytical test methods for demonstrating the conformity of substances, mixtures and articles to points 1 and 2. Any other analytical method for which the user can prove equivalent performance could be used as an alternative to the CEN standards.

DDT (1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane)50-29-3200-024-3
Chlordane57-74-9200-349-0
Hexachlorocyclohexanes, including lindane58-89-9200-401-2
319-84-6206-270-8
319-85-7206-271-3
608-73-1210-168-9
Dieldrin60-57-1200-484-5
Endrin72-20-8200-775-7
Heptachlor76-44-8200-962-3
Endosulfan

115-29-7

959-98-8

33213-65-9

204-079-4

1.Placing on the market and use of articles already in use before or on 10 July 2012 containing endosulfan shall be allowed.

2.Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

Hexachlorobenzene118-74-1204-273-9
Chlordecone143-50-0205-601-3
Aldrin309-00-2206-215-8
Pentachlorobenzene608-93-5210-172-0
Polychlorinated Biphenyls (PCB)1336-36-3 and others215-648-1 and others

Without prejudice to [F23the PCB Regulations], articles already in use at the time of the entry into force of this Regulation are allowed to be used.

[F24The appropriate authority] shall identify and remove from use equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) containing more than 0,005 % PCBs and volumes greater than 0,05 dm3, as soon as possible but no later than 31 December 2025.

Mirex2385-85-5219-196-6
Toxaphene8001-35-2232-283-3
Hexabromobiphenyl36355-01-8252-994-2

[X1Hexabromocyclododecane]

‘Hexabromocyclododecane’ means: hexabromocyclododecane, 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers: alpha-hexabromocyclododecane; beta-hexabromocyclododecane; and gamma-hexabromocyclododecane

25637-99-4,

3194-55-6,

134237-50-6,

134237-51-7,

134237-52-8

247-148-4,

221-695-9

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of hexabromocyclododecane equal to or below 100 mg/kg (0,01 % by weight) where it is present in substances, mixtures, articles or as constituents of the flame-retarded articlesF25....

2.Expanded polystyrene articles containing hexabromocyclododecane already in use in buildings before 21 February 2018 in accordance with Commission Regulation (EU) 2016/293c and Commission Implementing Decision No 2016/C 12/06d, and extruded polystyrene articles containing hexabromocyclododecane already in use in buildings before 23 June 2016 may continue to be used. Article 4(2), third and fourth subparagraphs shall apply to such articles.

3.Without prejudice to the application of other [F26retained EU law] on the classification, packaging and labelling of substances and mixtures, expanded polystyrene placed on the market after 23 March 2016 in which hexabromocyclododecane was used shall be identifiable by labelling or other means throughout its life cycle.

Hexachlorobutadiene87-68-3201-765-5

1.Placing on the market and use of articles already in use before or on 10 July 2012 containing hexachlorobutadiene shall be allowed.

2.Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

Pentachlorophenol and its salts and esters87-86-5 and others201-778-6 and others
Polychlorinated naphthalenese70776-03-3 and others274-864-4 and others

1.Placing on the market and use of articles already in use before or on 10 July 2012 containing polychlorinated naphthalenes shall be allowed.

2.Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)85535-84-8 and others287-476-5

1.By way of derogation, the manufacturing, placing on the market and use of substances or mixtures containing SCCPs in concentrations lower than 1 % by weight or articles containing SCCPs in concentrations lower than 0,15 % by weight shall be allowed.

2.Use shall be allowed in respect of:

(a)

conveyor belts in the mining industry and dam sealants containing SCCPs already in use before or on 4 December 2015; and

(b)

articles containing SCCPs other than those referred to in point (a) already in use before or on 10 July 2012.

3.The third and fourth subparagraphs of Article 4(2) shall apply to the articles referred to in point 2.

[F4Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds

‘Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds’ means the following:

(i)

perfluorooctanoic acid, including any of its branched isomers;

(ii)

its salts;

(iii)

PFOA-related compounds which, for the purposes of the Convention, are any substances that degrade to PFOA, including any substances (including salts and polymers) having a linear or branched perfluoroheptyl group with the moiety (C 7 F 15 )C as one of the structural elements.

The following compounds are not included as PFOA-related compounds:

(i)

C 8 F 17 -X, where X = F, Cl, Br;

(ii)

fluoropolymers that are covered by CF 3 [CF 2 ] n -R’, where R’=any group, n> 16;

(iii)

perfluoroalkyl carboxylic acids (including their salts, esters, halides and anhydrides) with ≥ 8 perfluorinated carbons;

(iv)

perfluoroalkane sulfonic acids and perfluoro phosphonic acids (including their salts, esters, halides and anhydrides) with ≥ 9 perfluorinated carbons;

(v)

perfluorooctane sulfonic acid and its derivatives (PFOS), as listed in this Annex.

335-67-1 and others 206-397-9 and others
1.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOA or any of its salts equal to or below 0,025 mg/kg (0,0000025 % by weight) where they are present in substances, mixtures or articles.

2.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of any individual PFOA-related compound or a combination of PFOA-related compounds equal to or below 1 mg/kg (0,0001 % by weight) where they are present in substances, mixtures or articles.

3.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOA-related compounds equal to or below 20 mg/kg (0,002 % by weight) where they are present in a substance to be used as a transported isolated intermediate within the meaning of Article 3 point 15(c) of Regulation (EC) No 1907/2006 and fulfilling the strictly controlled conditions set out in Article 18(4)(a) to (f) of that Regulation for the production of fluorochemicals with a carbon chain equal to or shorter than 6 atoms. This exemption shall be reviewed and assessed by the Commission no later than 5.7.2022.

4.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOA and its salts equal to or below 1 mg/kg (0,0001 % by weight) where they are present in polytetrafluoroethylene (PTFE) micropowders produced by ionising irradiation of up to 400 kilograys or by thermal degradation as well as in mixtures and articles for industrial and professional uses containing PTFE micropowders. All emissions of PFOA during the manufacture and use of PTFE micropowders shall be avoided and, if not possible, reduced as far as possible. This exemption shall be reviewed and assessed by the Commission no later than 5.7.2022.

5.

By way of derogation, the manufacturing, placing on the market and use of PFOA, its salts and PFOA-related compounds shall be allowed for the following purposes:

(a)

photolithography or etch processes in semiconductor manufacturing, until 4 July 2025;

(b)

photographic coatings applied to films, until 4 July 2025;

(c)

textiles for oil- and water-repellency for the protection of workers from dangerous liquids that comprise risks to their health and safety, until [F273 December 2025];

(d)

invasive and implantable medical devices, until 4 July 2025;

(e)

manufacture of polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF) for the production of:

(i)

high-performance, corrosion-resistant gas filter membranes, water filter membranes and membranes for medical textiles;

(ii)

industrial waste heat exchanger equipment,

(iii)

industrial sealants capable of preventing leakage of volatile organic compounds and PM2.5 particulates;

until 4 July 2023.

6.

By way of derogation, the use of PFOA, its salts and PFOA-related compounds shall be allowed in fire-fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems, until 4 July 2025, subject to the following conditions:

(a)

fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall not be used for training;

(b)

fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall not be used for testing unless all releases are contained;

(c)

as from 1 January 2023, uses of fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall only be allowed in sites where all releases can be contained;

(d)

fire-fighting foam stockpiles that contain or may contain PFOA, its salts and/or PFOA-related compounds shall be managed in accordance with Article 5.

7.

By way of derogation, the use of perfluooroctyl bromide containing perfluoroctyl iodide for the purpose of producing pharmaceutical products shall be allowed, subject to review and assessment by the [F28appropriate authority] by 31 December 2026, every four years thereafter and by 31 December 2036.

8.

Use of articles already in use in the Union before 4 July 2020 containing PFOA, its salts and/or PFOA-related compounds shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

9.

[X2By way of derogation, the manufacturing, placing on the market and use of PFOA, its salts and PFOA-related compounds shall be allowed until 3 December 2020 for the following purposes:]

(a)

medical devices other than implantable ones, within the scope of Regulation (EU) 2017/745f;

(b)

latex printing inks;

(c)

plasma nano-coatings.]

[F29Dicofol 115-32-2 204-082-0 None]]

[F30Perfluorohexane sulfonic acid (PFHxS), its salts, and PFHxS-related compounds.

‘Perfluorohexane sulfonic acid (PFHxS), its salts, and PFHxS-related compounds’ means the following:

(i) perfluorohexane sulfonic acid (PFHxS), including branched isomers;

(ii) its salts;

(iii) any substance that contains the chemical moiety C6F13SO2- as one of its structural elements and that potentially degrades to PFHxS.

355-46-4 and others206-587-1 and others

For the purposes of this entry, Article 4(1)(b) applies in each of the following cases:

(a) where the sum of the concentrations of PFHxS and any of its salts present in a substance, mixture or article is equal to or below 0.025 mg/kg (0.0000025% by weight);

(b) where the sum of the concentrations of any PFHxS-related compounds present in a substance, mixture or article is equal to or below 1 mg/kg (0.0001% by weight);

(c) where the sum of the concentrations of PFHxS, any of its salts, and any PFHxS-related compounds present in concentrated fire-fighting foam mixtures that are to be used or are used in the production of other fire-fighting foam mixtures is equal to or below 0.1 mg/kg (0.00001% by weight).]

Editorial Information

Textual Amendments

Part B U.K. Substances listed only in the Protocol

SubstanceCAS NoEC NoSpecific exemption on intermediate use or other specification

ANNEX IIU.K. LIST OF SUBSTANCES SUBJECT TO RESTRICTIONS

Part A U.K. Substances listed in the Convention and in the Protocol

SubstanceCAS NoEC NoConditions of restriction

Part B U.K. Substances listed only in the Protocol

SubstanceCAS NoEC NoConditions of restriction

ANNEX IIIU.K. LIST OF SUBSTANCES SUBJECT TO RELEASE REDUCTION PROVISIONS

PART AU.K.

Substance (CAS No)

Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)

Polychlorinated biphenyls (PCB)

[X1PART B U.K.

Substance (CAS No)]

Hexachlorobenzene (HCB) (CAS No 118-74-1)

Polycyclic aromatic hydrocarbons (PAHs)(1)

Pentachlorobenzene (CAS No 608-93-5)

Hexachlorobutadiene (CAS No 87-68-3)

Polychlorinated naphthalenes (CAS No 70776-03-3 and others)

ANNEX IVU.K.List of substances subject to waste management provisions set out in Article 7

a

Polychlorinated naphthalenes means chemical compounds based on the naphthalene ring system, where one or more hydrogen atoms have been replaced by chlorine atoms.

b

The limit is calculated as PCDD and PCDF according to the following toxic equivalency factors (TEFs):

PCDDTEFPCDFTEFPCDDTEF
2,3,7,8-TeCDD12,3,7,8-TeCDF0,11,2,3,6,7,8-HxCDF0,1
1,2,3,7,8-PeCDD11,2,3,7,8-PeCDF0,031,2,3,7,8,9-HxCDF0,1
1,2,3,4,7,8-HxCDD0,12,3,4,7,8-PeCDF0,32,3,4,6,7,8-HxCDF0,1
1,2,3,6,7,8-HxCDD0,11,2,3,4,7,8-HxCDF0,11,2,3,4,6,7,8-HpCDF0,01
1,2,3,7,8,9-HxCDD0,11,2,3,4,7,8,9-HpCDF0,01
1,2,3,4,6,7,8-HpCDD0,01OCDF0,0003
OCDD0,0003
c

The calculation method laid down in European standards EN 12766-1 and EN 12766-2 shall apply.

d

‘Hexabromocyclododecane’ means hexabromocyclododecane, 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers: alpha-hexabromocyclododecane, beta-hexabromocyclododecane and gamma-hexabromocyclododecane.

SubstanceCAS NoEC NoConcentration limit referred to in Article 7(4)(a)
Endosulfan

115-29-7

959-98-8

33213-65-9

204-079-450 mg/kg
Hexachlorobutadiene87-68-3201-765-5100 mg/kg
Polychlorinated naphthalenesa10 mg/kg
Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)85535-84-8287-476-510 000 mg/kg
Tetrabromodiphenyl ether C12H6Br4O40088-47-9 and others254-787-2 and others

Sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether: 1 000 mg/kg.

The [F31appropriate authority] shall review that concentration limit and shall, where appropriate F32..., adopt a legislative proposal to lower that value to 500 mg/kg. The [F33appropriate authority] shall carry out such review as soon as possible and, in any event, not later than 16 July 2021.

Pentabromodiphenyl ether C12H5Br5O32534-81-9 and others251-084-2 and others
Hexabromodiphenyl ether C12H4Br6O36483-60-0 and others253-058-6 and others
Heptabromodiphenyl ether C12H3Br7O68928-80-3 and others273-031-2 and others
Decabromodiphenyl ether C12Br10O1163-19-5 and others214-604-9 and others

Perfluorooctane sulfonic acid and its derivatives (PFOS) C8F17SO2X

(X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers)

1763-23-1

2795-39-3

29457-72-5

29081-56-9

70225-14-8

56773-42-3

251099-16-8

4151-50-2

31506-32-8

1691-99-2

24448-09-7

307-35-7 and others

217-179-8

220-527-1

249-644-6

249-415-0

274-460-8

260-375-3

223-980-3

250-665-8

216-887-4

246-262-1

206-200-6 and others

50 mg/kg
Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)15 μg/kgb
DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl)ethane)50-29-3200-024-350 mg/kg
Chlordane57-74-9200-349-050 mg/kg
Hexachlorocyclohexanes, including lindane

58-89-9

319-84-6

319-85-7

608-73-1

210-168-9

200-401-2

206-270-8

206-271-3

50 mg/kg
Dieldrin60-57-1200-484-550 mg/kg
Endrin72-20-8200-775-750 mg/kg
Heptachlor76-44-8200-962-350 mg/kg
Hexachlorobenzene118-74-1204-273-950 mg/kg
Chlordecone143-50-0205-601-350 mg/kg
Aldrin309-00-2206-215-850 mg/kg
Pentachlorobenzene608-93-5210-172-050 mg/kg
Polychlorinated Biphenyls (PCB)1336-36-3 and others215-648-150 mg/kgc
Mirex2385-85-5219-196-650 mg/kg
Toxaphene8001-35-2232-283-350 mg/kg
Hexabromobiphenyl36355-01-8252-994-250 mg/kg
Hexabromocyclododecaned

25637-99-4,

3194-55-6,

134237-50-6,

134237-51-7,

134237-52-8

247-148-4

221-695-9

1 000 mg/kgF34...

ANNEX VU.K. WASTE MANAGEMENT

Part 1U.K.Disposal and recovery under Article 7(2)

The following disposal and recovery operations, as provided for in Annexes I and II of Directive 2008/98/EC, 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

F35. . .
D9Physico-chemical treatment.
D10Incineration on land.
R1Use principally as a fuel or other means to generate energy, excluding waste containing PCBs.
R4Recycling/reclamation of metals and metal compounds, under the following conditions: The operations are restricted to residues from iron- and steel-making processes such as dusts or sludges from gas treatment or mill scale or zinc-containing filter dusts from steelworks, dusts from gas cleaning systems of copper smelters and similar wastes and lead-containing leaching residues of the non-ferrous metal production. Waste containing PCBs is excluded. The operations are restricted to processes for the recovery of iron and iron alloys (blast furnace, shaft furnace and hearth furnace) and non-ferrous metals (Waelz rotary kiln process, bath melting processes using vertical or horizontal furnaces), provided the facilities meet [F36, as a minimum, the emission limit value for PCDDs and PCDFs set out immediately below this Table].

[F37The emission limit value for PCDDs and PCDFs is the average emission limit value of 0.1ng/Nm3 over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of PCDDs and PCDFs.

To determine the total concentration of PCDDs and PCDFs, the mass concentration of a dibenzo-p-dioxin or dibenzofuran in the first column of the following Table is to be multiplied by the corresponding toxic equivalence factor in the second column before summing:

SubstanceToxic equivalence factor
2,3,7,8 — Tetrachlorodibenzodioxin (TCDD)1
1,2,3,7,8 — Pentachlorodibenzodioxin (PeCDD)0.5
1,2,3,4,7,8 — Hexachlorodibenzodioxin (HxCDD)0.1
1,2,3,6,7,8 — Hexachlorodibenzodioxin (HxCDD)0.1
1,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD)0.1
1,2,3,4,6,7,8 — Heptachlorodibenzodioxin (HpCDD)0.01
Octachlorodibenzodioxin (OCDD)0.001
2,3,7,8 — Tetrachlorodibenzofuran (TCDF)0.1
2,3,4,7,8 — Pentachlorodibenzofuran (PeCDF)0.5
1,2,3,7,8 — Pentachlorodibenzofuran (PeCDF)0.05
1,2,3,4,7,8 — Hexachlorodibenzofuran (HxCDF)0.1
1,2,3,6,7,8 — Hexachlorodibenzofuran (HxCDF)0.1
1,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF)0.1
2,3,4,6,7,8 — Hexachlorodibenzofuran (HxCDF)0.1
1,2,3,4,6,7,8 — Heptachlorodibenzofuran (HpCDF)0.01
1,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF)0.01
Octachlorodibenzofuran (OCDF)0.001]

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. Where only part of a product or waste, such as waste equipment, contains or is contaminated with persistent organic pollutants, it shall be separated and then disposed of in accordance with the requirements of this Regulation. 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 2U.K.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(2).

Pre-treatment operations prior to permanent storage 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 Part 1 of this Annex. In addition, repackaging and temporary storage operations may be performed prior to such pre-treatment or prior to permanent storage pursuant to this part of this Annex.

a

These limits apply exclusively to a landfill site for hazardous waste and do not apply to permanent underground storage facilities for hazardous waste, including salt mines.

F38. . .
b

‘Hexabromocyclododecane’ means hexabromocyclododecane, 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers: alpha- hexabromocyclododecane, beta- hexabromocyclododecane and gamma- hexabromocyclododecane.

F39. . .
F40. . .
c

The calculation method laid down in [F41British standards BS EN 12766-1:2000, BS 2000-462:2001, BS EN 12766-2:2001 and BS 2000-462.2:2001] shall apply.

Wastes as classified in Decision 2000/532/ECMaximum concentration limits of substances listed in Annex IVaOperation
10WASTES FROM THERMAL PROCESSES

Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs): 10 000 mg/kg;

  • Aldrin: 5 000 mg/kg;

  • Chlordane: 5 000 mg/kg;

  • Chlordecone: 5 000 mg/kg;

  • DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl) ethane): 5 000 mg/kg;

  • Dieldrin: 5 000 mg/kg;

  • Endosulfan: 5 000 mg/kg;

  • Endrin: 5 000 mg/kg;

  • Heptachlor: 5 000 mg/kg;

  • Hexabromobiphenyl: 5 000 mg/kg;

  • Hexabromocyclododecaneb: 1 000 mg/kg;

  • Hexachlorobenzene: 5 000 mg/kg;

  • Hexachlorobutadiene: 1 000 mg/kg;

  • Hexachlorocyclohexanes, including lindane: 5 000 mg/kg;

  • Mirex: 5 000 mg/kg;

  • Pentachlorobenzene: 5 000 mg/kg;

  • Perfluorooctane sulfonic acid and its derivatives (PFOS) (C8F17SO2X) (X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers): 50 mg/kg;

  • Polychlorinated Biphenyls (PCB)c: 50 mg/kg;

  • Polychlorinated dibenzo-p-dioxins and dibenzofurans: 5 mg/kg;

  • Polychlorinated naphthalenes (*): 1 000 mg/kg;

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

  • Toxaphene: 5 000 mg/kg.

Permanent storage shall be allowed only when all the following conditions are met:

(1)

The storage takes place in one of the following locations:

  • safe, deep, underground, hard rock formations,

  • salt mines,

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

(2)

[F42The provisions of the Landfill Regulations were respected.

(2A)

In point (2), the “Landfill Regulations” means—

(a)

in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;

(b)

in relation to Scotland, the Landfill (Scotland) Regulations 2003.]

(3)

It has been demonstrated that the selected operation is environmentally preferable.

10 01Wastes from power stations and other combustion plants (except 19)
10 01 14 * Bottom ash, slag and boiler dust from co-incineration containing hazardous substances
10 01 16 *Fly ash from co-incineration containing hazardous substances
10 02Wastes from the iron and steel industry
10 02 07 *Solid wastes from gas treatment containing hazardous substances
10 03Wastes from aluminium thermal metallurgy
10 03 04 *Primary production slags
10 03 08 *Salt slags from secondary production
10 03 09 *Black drosses from secondary production
10 03 19 *Flue-gas dust containing hazardous substances
10 03 21 *Other particulates and dust (including ball-mill dust) containing hazardous substances
10 03 29 *Wastes from treatment of salt slags and black drosses containing hazardous substances
10 04Wastes from lead thermal metallurgy
10 04 01 *Slags from primary and secondary production
10 04 02 *Dross and skimmings from primary and secondary production
10 04 04 *Flue-gas dust
10 04 05 *Other particulates and dust
10 04 06 *Solid wastes from gas treatment
10 05Wastes from zinc thermal metallurgy
10 05 03 *Flue-gas dust
10 05 05 *Solid waste from gas treatment
10 06Wastes from copper thermal metallurgy
10 06 03 *Flue-gas dust
10 06 06 *Solid wastes from gas treatment
10 08Wastes from other non-ferrous thermal metallurgy
10 08 08 *Salt slag from primary and secondary production
10 08 15 *Flue-gas dust containing hazardous substances
10 09Wastes from casting of ferrous pieces
10 09 09 *Flue-gas dust containing hazardous substances
16WASTES NOT OTHERWISE SPECIFIED IN THE LIST
16 11Waste linings and refractories
16 11 01 *Carbon-based linings and refractories from metallurgical processes containing hazardous substances
16 11 03 *Other linings and refractories from metallurgical processes containing hazardous substances
17CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES)
17 01Concrete, bricks, tiles and ceramics
17 01 06 *Mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing hazardous substances
17 05Soil (including excavated soil from contaminated sites), stones and dredging spoil
17 05 03 *Soil and stones containing hazardous substances
17 09Other construction and demolition wastes
17 09 02 *Construction and demolition wastes containing PCB, excluding PCB containing equipment
17 09 03 *Other construction and demolition wastes (including mixed wastes) containing hazardous substances
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
19 01Wastes from incineration or pyrolysis of waste
19 01 07 *Solid wastes from gas treatment
19 01 11 *Bottom ash and slag containing hazardous substances
19 01 13 *Fly ash containing hazardous substances
19 01 15 *Boiler dust containing hazardous substances
19 04Vitrified waste and waste from vitrification
19 04 02 *Fly ash and other flue-gas treatment wastes
19 04 03 *Non-vitrified solid phase

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

PCDDTEF
2,3,7,8-TeCDD1
1,2,3,7,8-PeCDD1
1,2,3,4,7,8-HxCDD0,1
1,2,3,6,7,8-HxCDD0,1
1,2,3,7,8,9-HxCDD0,1
1,2,3,4,6,7,8-HpCDD0,01
OCDD0,0003
PCDFTEF
2,3,7,8-TeCDF0,1
1,2,3,7,8-PeCDF0,03
2,3,4,7,8-PeCDF0,3
1,2,3,4,7,8-HxCDF0,1
1,2,3,6,7,8-HxCDF0,1
1,2,3,7,8,9-HxCDF0,1
2,3,4,6,7,8-HxCDF0,1
1,2,3,4,6,7,8-HpCDF0,01
1,2,3,4,7,8,9-HpCDF0,01
OCDF0,0003

ANNEX VIU.K. Repealed Regulation with list of the successive amendments thereto

Regulation (EC) No 850/2004 of the European Parliament and of the Council

(OJ L 158, 30.4.2004, p. 7)

Council Regulation (EC) No 1195/2006

(OJ L 217, 8.8.2006, p. 1)

Council Regulation (EC) No 172/2007

(OJ L 55, 23.2.2007, p. 1)

Commission Regulation (EC) No 323/2007

(OJ L 85, 27.3.2007, p. 3)

Regulation (EC) No 219/2009 of the European Parliament and of the Council

(OJ L 87, 31.3.2009, p. 109)

Only point 3.7 of the Annex

Commission Regulation (EC) No 304/2009

(OJ L 96, 15.4.2009, p. 33)

Commission Regulation (EU) No 756/2010

(OJ L 223, 25.8.2010, p. 20)

Commission Regulation (EU) No 757/2010

(OJ L 223, 25.8.2010, p. 29)

Commission Regulation (EU) No 519/2012

(OJ L 159, 20.6.2012, p. 1)

Commission Regulation (EU) No 1342/2014

(OJ L 363, 18.12.2014, p. 67)

Commission Regulation (EU) 2015/2030

(OJ L 298, 14.11.2015, p. 1)

Commission Regulation (EU) 2016/293

(OJ L 55, 2.3.2016, p. 4)

Commission Regulation (EU) 2016/460

(OJ L 80, 31.3.2016, p. 17)

ANNEX VIIU.K.CORRELATION TABLE

Regulation (EC) No 850/2004This Regulation
Article 1(1)Article 1
Article 2, introductory wordingArticle 2, introductory wording
Article 2, points (a) to (d)Article 2, points (1) to (4)
Article 2, points (5) to (7)
Article 2, point (e)Article 2, point (8)
Article 2, point (f)Article 2, point (9)
Article 2, point (g)Article 2, point (10)
Article 2, points (11) to (13)
Article 3Article 3(1) to (3)
Article 3(4) and (5)
Article 1(2)Article 3(6)
Article 4(1) to (3)Article 4(1) to (3)
Article 4(3), point (d)
Article 1(2)Article 4(4)
Article 5Article 5
Article 6Article 6
Article 7(1) to (4)Article 7(1) to (4)
Article 7(6)Article 7(5)
Article 7(6)
Article 7(7)
Article 8
Article 8Article 9
Article 9Article 10
Article 10Article 11
Article 11Article 12
Article 12(1)Article 13(1), point (a)
Article 12(3), point (a)Article 13(1), point (b)
Article 12(3), point (b)Article 13(1), point (c)
Article 13(1), point (d)
Article 12(3), point (c)Article 13(1), point (e)
Article 12(2)Article 13(1), point (f)
Article 13(2)
Article 12(4)
Article 12(5)Article 13(3)
Article 12(6)
Article 13(4) and (5)
Article 13Article 14
Article 14Article 15(1)
Article 7(5)Article 15(2)
Article 16
Article 17
Article 18
Article 15Article 19
Articles 16 and 17Article 20
Article 18
Article 21
Article 19Article 22
Annexes I to VAnnexes I to V
Annex VI
Annex VII
(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(1,2,3-cd)pyrene.

(2)

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).

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