COM(2022)0463
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SWD(2022)0291

COM(2021)0109
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SWD(2021)0053

In accordance with Article 8(4) of Regulation No 850/2004 on persistent organic pollutants, the Commission presents a report on the review and update of the second European Union Implementation Plan.

It recalls that under the 2001 Stockholm Convention on Persistent Organic Pollutants (POPs), the EU is required to develop a plan for the implementation of its obligations under this Convention. The first European implementation plan was developed in 2007 and updated in 2014. The review and update of the second implementation plan has become necessary to further address (i) the inclusion of a number of new persistent organic pollutants into the Stockholm Convention, and (ii) the technical and legislative progress made in the area.

In the light of the obligations stemming from the Stockholm Convention and taking into account the situation in the European Union, the implementation plan outlines 30 actions that are needed to meet the obligations. 8 actions are new and address in particular the newly 8 listed chemicals. 9 actions are continuous actions and 13 actions were already listed in the previous implementation plan and are still ongoing since they have not yet been completed.

Progress achieved

Significant progress towards the elimination of POPs has been achieved. Production and use of all POP substances is prohibited with some minor exemptions. A main challenge for the EU is to eliminate POPs from the waste cycle and remaining stockpiles as these still present a major emission source.

The release of POPs due to unintentional production remains one of the most important issues to be tackled in the EU. Several actions are thus dedicated to the development of corresponding measures with the goal to reach a further reduction of POP emissions. Prevention of the formation of unintentional POPs through the development of processes and technologies that avoid their formation should mainly be addressed in the area of industrial production but also cover domestic sources such as diffuse incineration sources. There is still need for additional research and technological development.

The report notes the following:

- although the production and use of the polybrominated diphenyl ethers (PBDEs) tetraBDE, pentaBDE, hexaBDE and heptaBDE has been phased out due to regulatory measures and their replacement by decaBDE, their presence in waste of electrical and electronic equipment (WEEE) is still a challenge in the EU. There are indications that only few full-scale e-waste recycling facilities separate plastics containing PBDEs as required by EU legislation. Therefore, there are some doubts whether the capacity of EU recycling plants for separation of PBDEs containing plastic from other plastic are currently sufficiently developed to separate a major part of PBDE containing plastic waste stream. Data suggest that the flow of plastics recovered from WEEE and containing PBDE is not currently being properly controlled in European recycling operations;

- further efforts are required to meet the objective under the Stockholm Convention of a phase-out of the use of polychlorinated biphenyl (PCB) by 2025. Information about current amounts of PCB equipment and PCB wastes in the EU showed that there are still significant quantities of PCB equipment in use. The quantities of PCB that were used in open applications is unknown, as is the quantities of products containing PCBs still in use or capable of emitting to the natural environment;

- there is limited on-going production of perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride (PFOS) in the EU. The use of PFOS in the metal plating industry is the main remaining source for PFOS releases from an intended purpose. Alternatives and substitutes have already been investigated for this use, which need to be implemented to completely phase-out the use of PFOS. The identification and management of sites contaminated by hexachlorocyclohexane (HCH) waste represents a challenge within the Union. An updated assessment revealed that deposited HCH wastes within the EU might amount up to 1.8 to 3 million tonnes. Seventeen Member States have identified contaminated land as an issue within existing national implementation plans, with further action needed to help address this issue. A coordinated strategy for the identification of contaminated sites and for their environmentally sound remediation may be necessary.

Monitoring and reporting

The report states that there is a knowledge gap on the chemical burden, despite the fact that Member States' authorities, research organisations and EU bodies are making significant efforts to monitor numerous chemicals in various matrices (water, air, biota, soil, human milk, etc.). This occurs because the chemical data generated by the monitoring activities are not being collected, managed and assessed in a coherent and accessible manner. To address this gap, an information platform for chemical monitoring data has been established at the European scale and a coordinated and integrated approach to collecting, storing, accessing and assessing of data will be ensured in future.

The report also states that several Member States have not met their reporting obligations and need to improve.

Lastly, the Commission considers that the EU should develop mechanisms for better coordination between the bilateral aid programmes of the Commission and those of the Member States with regards to POPs in order to ensure that the available resources are used more efficiently. To increase awareness and demonstrate the support provided by EU financial instruments that are relevant for POP-related action, specific information could be provided on the POP specific Commission website.

COM(2018)0848
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EUR-Lex
SWD(2018)0495

COM(2015)0409
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The Commission presents a report on the review and update of the first European Community Implementation Plan in accordance with Article 8 (4) of Regulation No 850/2004 on persistent organic pollutants.

To recall, Regulation (EC) 850/2004 on persistent organic pollutants (the POPs Regulation) was adopted in April 2004, in order to implement the Stockholm Convention and the POPs Protocol under the Convention on Long-Range Transboundary Air Pollution (the UNECE Protocol on POPs) within the European Union.

Pursuant to Article 8(4) of the POPs Regulation, the first European Community Implementation Plan (CIP) was developed in 2007. It identified existing measures at EU level related to POPs, assessed their efficiency and sufficiency in meeting the obligations of the Convention, identified needs for further Union level measures and established a plan for implementing further measures.

Further to Article 8(4) of the POPs Regulation, a review and update of the CIP has now been considered appropriate in light of a number of changes in the regulatory landscape:

the inclusion of a number of new POPs into the Stockholm Convention and the UNECE Protocol on POPs; the technical and legislative progress made in the area; the findings of the Commission Report on the application of the POPs Regulation.

The reviewed and updated CIP will be referred to as the Union Implementation Plan (UIP) on POPs and a Commission Staff Working Document of this UIP is attached as an annex to this report.

EUR-Lex
COM(2014)0306

This Commission Staff Working Document accompanies the report on the review and update of the first European Community Implementation Plan in accordance with Article 8(4) of Regulation No 850/2004 on persistent organic pollutants.

The Staff Working Document presents a status quo of the EU's execution of its obligations as a Party to the above-mentioned international frameworks. It describes the relevant EU legislation put in place (including the POPs Regulation, REACH, and the CLP Regulation) as well as the financial instruments that support implementation.

In an effort to provide as detailed a picture as possible, the document proceeds to give an overall assessment of POPs, regarding their production, their use, their placing on the market as well as with regard to existing stockpiles and the contamination of the waste stream.

The Working Document also includes an in-depth analysis of each individual obligation of the Stockholm Convention affecting the EU's treatment of POPs. Subsequent to this analysis, the Commission identifies 26 technical measures to improve implementation of the EU's obligations under Stockholm.

EUR-Lex
SWD(2014)0172

COM(2010)0514

The Commission presents a report on the application of Regulation (EC) No 850/2004 on persistent organic pollutants in accordance with Article 12(6) of the Regulation.

It recalls that the Regulation contains provisions regarding production, placing on the market and use of chemicals, management of stockpiles and wastes and measures to reduce unintentional releases of POPs. Furthermore, Member States must set up emission inventories for unintentionally produced POPs, national implementation plans (NIPs) and monitoring and information exchange mechanisms.

The first synthesis report was finalised on behalf of the Commission in 2009 based on the 2004–2006 triennial reports and the 2006–2008 annual reports. This report discusses the findings of the synthesis report and progress achieved in the implementation of the Community Implementation Plan (CIP) until the end of 2009. In addition the report recommends further actions to ensure the full implementation of the Regulation.

The Commission finds that the requirements of the Regulation are largely fulfilled in relation to intentionally produced POPs . Productions, placing on the market and use have been phased-out; stock inventories have been prepared and are being updated. Member States continue their efforts to eliminate the stockpiles particularly in view of the end of 2010 deadline for PCB equipments. Emission inventories for unintentionally produced POPs have been established, but they suffer from data gaps and inconsistencies. Data gaps include insufficient coverage of sources, environmental compartments, number of POP substances and changes in completeness of estimations and reporting methodology. Inconsistencies are observed between E-PRTR (European Pollutant Release and Transfer Register) and EMEP Co-operative programme for monitoring and evaluation of the long range transmission of air pollutants in Europe) emission estimates.

Emission data deficits are especially critical for water and land compartments and for HCB and PCB emissions , but all evaluations would benefit from improved reporting. This includes the need to up-date, further specify and review the use of emissions factors. This will be addressed by ongoing review projects for the EMEP/EEA Guidebook and the UNEP dioxin toolkit. A systematic information exchange of Member State authorities on applied methodologies would be an additional tool to further improve the reliability of estimates.

Elaboration of NIPs pursuant to the Convention requirements and the related establishment of NAPs for unintentionally released POPs are not yet completed or have not even started in a number of Member States. 19 Member States have developed NIPs and related NAPs and provided them to the Convention Secretariat.

NAPs generally contain descriptions of measures to identify, characterise and minimise releases of unintentionally produced POPs. The expansion of the inventories from PCDD/PCDFs and PAHs to PCBs and HCB is a priority. Measures to implement the IPPC Directive, BAT and other EU emission limits are still ongoing in many Member States. Domestic combustion has become a new priority issue (caused by efforts to replace use of fossil fuels) followed by elimination of stocks and environmental burdens, as well as open burning of waste.

Waste provisions are well implemented . Concentration thresholds for upper and lower POP content have been established. Changes to the existing derogation clause providing an option to deal with waste in exceptional circumstances as alternatives to destruction or irreversibly transformation of the POPs content are not envisaged.

POP environmental monitoring is established in most Member States. However, there is no EU level database enabling evaluation of time trends in the environment, nor is the information provided by Member States sufficient to evaluate policy effectiveness at EU level. A more comprehensive and detailed compilation of comparable monitoring data at EU level and establishment of a common information system is needed.

Compliance with the reporting obligation is not satisfactory . A significant number of Member States has not respected their reporting obligations. The quality of information provided must improve. The reporting format would benefit from a revision to increase clarity and compatibility with SEIS principles. Greater coordination of EU assistance would improve its effectiveness and visibility.

The Commission will continue to work with Member States to improve implementation with the aim of protecting human health and the environment from POPs.

COM(2010)0514
EUR-Lex

The Commission submits a proposal for a Council regulation amending Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council as regards the treatment of waste containing persistent organic pollutants in thermal and metallurgical production processes.

It notes that Article 7(2) of Regulation 2004/850/EC on persistent organic pollutants provides that waste consisting of, containing or contaminated with persistent organic pollutants is treated in accordance with Annex V of this Regulation in such a way that the persistent organic pollutant content is destroyed or irreversibly transformed. Under Articles 7(6) and 14(3) the Commission may adapt Annex IV and V to the scientific and technical progress. The Commission will be assisted by the prescribed committee established by Directive 75/442/EEC, repealed by Directive 2006/12/EC.

The Commission submitted a draft Regulation amending Annex IV and V for vote in the Committee established under Art 18 of Directive 2006/12/EC on 7 May 2008. There was no qualified majority for the draft Regulation.

Thus according to the procedure set out in Article 5 of Decision 468/1999/EC a proposal for a Council Regulation is submitted to Council. If Council has not acted within three month from the date of referral of the proposal, the proposed measures shall be adopted by the Commission.

The toxic equivalent factors used in Annexes IV and V to Regulation (EC) No 850/2004 to calculate concentration limits for PCDDs and PCDFs were updated by the World Health Organisation in 2005 on the basis of latest scientific information. This will be reflected in Annexes IV and V to Regulation (EC) No 850/2004.

EUR-Lex
COM(2008)0462

PURPOSE: to prohibit, phase out, or restrict the production, placing on the market and use of persistent organic pollutants (POPs). LEGISLATIVE ACT: Regulation 850/2004/EC of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79/117/EEC. CONTENT: This Regulation takes into account the precautionary principle. Its objective is the protection of human health and the environment by prohibiting, phasing out as soon as possible, or restricting the production, placing on the market and use of substances subject to the Stockholm Convention on Persistent Organic Pollutants, ("the Convention"), or the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants ("the Protocol"). It also minimises, with a view to eliminating where feasible as soon as possible, releases of such substances, and establishes provisions regarding waste containing any of these substances. There are certain exemptions from control measures. The main points are as follows: - The production, placing on the market and use of substances listed in Annex I is prohibited. - The production, placing on the market and use of substances listed in Annex II, is restricted in accordance with the conditions set out in that Annex. - On the matter of minimizing release, within two years of the date of entry into force of the Regulation, Member States must draw up release inventories for the substances listed in Annex III into air, water and land. - Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use of the substances listed in Annex IV are prohibited, with certain derogations. - The production and use of hexachlorocyclohexane (HCH), including lindane, is subject to restrictions under the Protocol but not totally prohibited. That substance is still used in some Member States and therefore it is not possible to prohibit immediately all existing uses. However, in view of the harmful properties of HCH and the possible risks related to its release into the environment, its production and uses must be confined to a minimum and ultimately phased out by the end of 2007 at the latest. - Since obsolete or carelessly managed stockpiles of persistent organic pollutants may seriously endanger the environment and human health, the Regulation contains provisions that go beyond the provisions laid down in the Convention. Stockpiles of prohibited substances must be treated as waste, while stockpiles of substances the production or use of which is still allowed must be notified to the authorities and properly supervised. In particular, existing stockpiles which contain banned persistent organic pollutants must be managed as waste as soon as possible. If other substances are banned in the future, their stocks must also be destroyed without delay and no new stockpiles should be built up. In view of the particular problems of certain new Member States, adequate financial and technical assistance will be provided through existing Community financial instruments, such as the Cohesion and Structural Funds. - The Regulation lays down rules on the common concentration limits of POPs in waste. To ensure a high level of protection, common concentration limits for the substances in waste should be established before 31 December 2005. - The Convention provides that each Party is to draw up a plan for the implementation of its obligations under the Convention. Member States must provide opportunities for public participation in drawing up their implementation plans. Since the Community and the Member States share competence in that regard, implementation plans must be drawn up both at national and Community level. Cooperation and an exchange of information between the Commission and the authorities of the Member States must be promoted. - Public awareness of the hazards that persistent organic pollutants pose to the health of present and future generations as well as to the environment, particularly in developing countries, is often lacking, and wide-scale information is therefore needed to increase the level of caution and gain support for restrictions and bans. Public awareness programmes on these substances, especially for the most vulnerable groups, as well as training of workers, scientists, educators, technical and managerial personnel must be promoted. - Technical assistance to developing countries should include the development and implementation of suitable alternative products, methods and strategies, inter alia, to the use of DDT in disease vector control which, under the Convention, can only be used in accordance with World Health Organisation recommendations and guidelines and when locally safe, effective and affordable alternatives are not available to the country in question. - Member States must report every three years to the Commission, in particular as regards release inventories, notified stockpiles and the production and placing on the market of restricted substances. - Information on infringements of the provisions of this Regulation should be made public, where appropriate. - Finally, on the question of DDT, the existing production and use of DDT as a closed-system site-limited intermediate for the production of dicofol is allowed until1 January 2014. 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. ENTRY INTO FORCE: 20/05/04.

Regulation 2004/850
OJ L 229 29.06.2004, p. 0005-0022

T5-0109/2004
OJ C 098 23.04.2004, p. 0019-0127 E

T5-0109/2004

Debate in Parliament

A5-0017/2004

A5-0017/2004

COM(2003)0333
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COM(2003)0333
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