This revokes and replaces the prior Persistent Organic Pollutants (POPs) Regulation (EC) No 850/2004 and its amendments. The Regulation has been consolidated primarily for clarity purposes.
The production, placing on the market and use of POPs are prohibited or restricted by the Regulation, and existing POPs and associated wastes are to be regulated with the aim to eliminate POPs or to prevent releases if the former is not possible.
The Recast Persistent Organic Pollutants Regulation (EU) 2019/1021 revokes and replaces the Persistent Organic Pollutants Regulation (EC) No 850/2004 and its amendments.
Regulation (EU) 2019/1021 came into force on 15 July 2019.
This Regulation is enforced through the Persistent Organic Pollutants Regulations 2007.
What has been updated?
The Regulation has been consolidated for clarity purposes and does not apply new duties.
The Regulation prohibits or restricts the production, placing on the market and use of POPs. It also regulates the management of existing POPs and associated wastes. These measures aim to eliminate POPs or prevent releases of existing POPs.
This legislation implements the UN’s Stockholm Convention on POPs and supporting Protocol on Long-Range Transboundary Air Pollution on POPs. The Regulation will be updated to reflect changes to the convention and protocol.
POPs controlled are listed in the five Annexes to the Regulation.
Production, placing on the market and use of POPs
POPs listed in Annex I may not be produced, placed on the market or used, whether on their own, in mixtures or articles.
The manufacturing, placing on the market or use of POPs listed in Annex II (whether on their own, in mixtures or articles) is restricted. These activities may only be undertaken where conditions of the restrictions are met.
The POPs listed in Annex I or Annex II may only be produced, placed on the market or used if exempt under Article 4. Exemptions include POPs used for laboratory-scale research or as a reference standard, or present as an unintentional trace contaminant subject to the limits set under Annex I or Annex II.
POPs may be used as an intermediate within closed systems at a single site, subject to notification to the regulator.
Release Reduction, Minimisation and Elimination
Action plans must be applied to minimise and ultimately eliminate releases of POPs.
Stockpiles of POPs
Stockpiles of POPs must be managed as waste in accordance with the requirements stated below. Stockpiles above 50kg where the use of the POPs is authorised must notify the regulator of this material.
Stockpiles must be kept in a safe, secure and environmentally sound way.
Waste producers must avoid contamination with POPs listed in Annex IV where feasible.
Wastes comprising POPs or contaminated with these substances must be disposed of or recovered without delay. Disposal and recovery must be in accordance with the requirements of Annex V:
Waste management must ensure POPs are not allowed to contaminate other material. Waste management operations may not recover, recycle, reclaim or reuse POPs listed in Annex IV.
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