Texts adopted - Amending Annexes IV and V to Regulation (EU) 2019/1021 on persistent organic pollutants ***I

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Procedure : 2021/0340(COD)

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Document selected : A9-0092/2022
Texts tabled : A9-0092/2022		Debates : PV 02/05/2022 - 14 CRE 02/05/2022 - 14		Votes : PV 03/05/2022 - 8.3 CRE 03/05/2022 - 8.3 Explanations of votes PV 04/10/2022 - 6.12 CRE 04/10/2022 - 6.12		Texts adopted : P9_TA(2022)0130 P9_TA(2022)0342

Texts adopted

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Tuesday, 3 May 2022 - Strasbourg

Amending Annexes IV and V to Regulation (EU) 2019/1021 on persistent organic pollutants ***I

P9_TA(2022)0130

A9-0092/2022

Amendments adopted by the European Parliament on 3 May 2022 on the proposal for a regulation of the European Parliament and of the Council amending Annexes IV and V to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (COM(2021)0656 – C9-0396/2021 – 2021/0340(COD))(1)

(Ordinary legislative procedure: first reading)

Text proposed by the Commission

Amendment

Amendment 1
Proposal for a regulation
Recital 2

(2) At the seventh meeting of the Conference of the Parties to the Convention, held from 4 to 15 May 2015, it was agreed to include pentachlorophenol, its salts and esters (‘pentachlorophenol’) in Annex A to the Convention. At the ninth meeting of the Conference of the Parties to the Convention, held from 29 April to 10 May 2019, it was agreed to include dicofol as well as perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex A to the Convention. In view of those amendments to the Convention and to ensure that waste containing those substances is managed in accordance with the provisions of the Convention, it is necessary to also amend Annexes IV and V to Regulation (EU) 2019/1021 by including pentachlorophenol, dicofol and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in the Annexes and indicating their corresponding concentration limits.

(2) At the seventh meeting of the Conference of the Parties to the Convention, held from 4 to 15 May 2015, it was agreed to include pentachlorophenol, its salts and esters (‘pentachlorophenol’) in Annex A to the Convention. At the ninth meeting of the Conference of the Parties to the Convention, held from 29 April to 10 May 2019, it was agreed to include dicofol as well as perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex A to the Convention. In view of those amendments to the Convention and to ensure that waste containing those substances is managed in accordance with the provisions of the Convention, it is necessary to also amend Annexes IV and V to Regulation (EU) 2019/1021 by including pentachlorophenol, dicofol and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in the Annexes and also indicating their corresponding concentration limits.

Amendment 2
Proposal for a regulation
Recital 3

(3) Pentachlorophenol had been previously listed in Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council23 by Commission Regulation (EU) 2019/63624 , with an Annex IV value of 100 mg/kg and an Annex V value of 1 000 mg/kg. Regulation (EC) No 850/2004 was repealed by Regulation (EU) 2019/1021, but pentachlorophenol was unintentionally omitted from that Regulation. It is therefore necessary to amend Annexes IV and V to Regulation (EU) 2019/1021 to include pentachlorophenol.

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23 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 (OJ L 158, 30.4.2004, p. 7).

24 Commission Regulation (EU) 2019/636 of 23 April 2019 amending Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ L 109, 24.4.2019, p. 6).

Amendment 3
Proposal for a regulation
Recital 4

(4) Annexes IV and V to Regulation (EU) 2019/1021 already contain concentration limits for the following substances or substance groups: a) the sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether (with the exception of the latter, which is not listed in Annex V to that Regulation); b) Hexabromocyclododecane; c) Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs); and d) Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF). Pursuant to Article 15(2) of Regulation (EU) 2019/1021, it is appropriate to amend the concentration limits in Annex IV for those substances to adapt their limit values to scientific and technical progress. To be consistent with the list of polybrominated diphenyl ethers (PBDEs) listed in Annex IV to Regulation (EU) 2019/1021, the substance decabromodiphenyl ether should be included among the PBDEs listed in the third column of Annex V to that Regulation.

(4) Annexes IV and V to Regulation (EU) 2019/1021 already contain concentration limits for the following substances or substance groups: a) the sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether (with the exception of the latter, which is not listed in Annex V to that Regulation); b) Hexabromocyclododecane; c) Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs); and d) Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF). Pursuant to Article 15(2) of Regulation (EU) 2019/1021, it is appropriate to amend the concentration limits in Annex IV for those substances to adapt their limit values according to scientific and technical progress. To be consistent with the list of polybrominated diphenyl ethers (PBDEs) listed in Annex IV to Regulation (EU) 2019/1021, the substance decabromodiphenyl ether should be included among the PBDEs listed in the third column of Annex V to that Regulation.

Amendment 4
Proposal for a regulation
Recital 5 a (new)

(5a) Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds have been proposed by the Persistent Organic Pollutants Review Committee (POPRC) for listing under Annex A of the Convention without specific exemptions5a after completing the risk profile and risk management evaluation for those substances. A decision to include PFHxS, its salts and PFHxS-related compounds is envisaged to take place in Stockholm Convention COP-10, which was initially scheduled in July 2021, and is now scheduled to take place in June 2022 as a result of the negative evolution in many European countries of the COVID-19 pandemic. With respect to the objectives of the Convention, it is therefore appropriate, based on the current impact assessment5b and to ensure that waste containing those substances is managed in accordance with the provisions of the Convention, to already amend Annexes IV and V to Regulation (EU) 2019/1021 by including perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds in the Annexes and indicating their corresponding concentration limits. The Commission should reflect those amendments to Annex IV and V in other Annexes of the Regulation (EU) 2019/1021 to ensure consistency.

_________________

5a POPRC-15/1

5b SWD(2021)0300

Amendment 5
Proposal for a regulation
Recital 6

(6) The proposed concentration limits in Annexes IV and V to Regulation (EU) 2019/1021 have been set applying the same methodology that was used to establish the concentration limits in previous amendments of Annexes IV and V to Regulation (EC) No 850/2004. The proposed concentration limits should be underpinned by the precautionary principle as set forth in the Treaty on the Functioning of the European Union (TFEU) and aim to eliminate, where feasible, the release of POPs into the environment, in order to achieve the objective of a high level of protection of human health and the environment associated to the destruction or irreversible transformation of the substances concerned. Those limits should also take into consideration the broader policy objective of achieving the zero-pollution ambition for a toxic-free environment, increasing recycling, reducing greenhouse gas emissions, developing non-toxic material cycles where banned substances should not be reintroduced on the EU market through recycling activities, and a circular economy, enshrined in the European Green Deal26.

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26 COM(2019)0640

Amendment 6
Proposal for a regulation
Recital 6 a (new)

(6a) The concentration limits specified in Annexes IV and V to Regulation (EU) 2019/1021 should be coherent and contribute to the implementation of the communication of the Commission of 14 October 2020 entitled ‘Chemicals Strategy for Sustainability - Towards a Toxic-Free Environment’ that proposes a comprehensive set of actions to address the use of and contamination with per- and polyfluoroalkoxy alkyl substances.

Amendment 7
Proposal for a regulation
Recital 6 b (new)

(6b) To prevent mixing of contaminated waste with other waste or materials and to ensure better traceability and effective treatment of waste containing persistent organic pollutants, there is a need to avoid inconsistency between the provisions regarding waste which contains persistent organic pollutants originally set out in Regulation (EC) No 850/2004, now repealed by Regulation (EU) 2019/1021, and those set out thereafter. The Commission should therefore assess whether it is be appropriate to recognise that waste which contains any persistent organic pollutants exceeding the concentration limits specified in Annex IV to Regulation (EU) 2019/1021 is to be classified as hazardous and put forward, if appropriate, a legislative proposal to amend Directive 2009/98/EC or Decision 2014/955/EU , or both, accordingly.

Amendment 8
Proposal for a regulation
Article 1 a (new)

Article 1a

The Commission shall assess whether it would be appropriate to amend the Directive 2008/98/EC on waste or Commission Decision 2014/955/EU1a, or both, to recognize that waste containing any persistent organic pollutants exceeding the concentration limits indicated in Annex IV to Regulation (EU) 2019/1021 is to be classified as hazardous, and, if appropriate, based on that assessment and not later than 18 months after entry into force of this legislation, put forward a legislative proposal to amend the Directive or the Decision, or both, accordingly.

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1a Commission Decision of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC

Amendment 9
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point a – table
Regulation (EU) 2019/1021
Annex IV – table

Text proposed by the Commission
‘Pentachlorophenol, its salts and esters	87-86-5 and others	201-778-6 and others	100 mg/kg
Dicofol	115-32-2	204-082-0	50 mg/kg
Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds	335-67-1 and others	206-397-9 and others	1 mg/kg
			(PFOA and its salts),
			40 mg/kg
			(PFOA-related compounds)’
Amendment
‘Pentachlorophenol (PCP), its salts and esters	87-86-5 and others	201-778-6 and others	100 mg/kg
Dicofol	115-32-2	204-082-0	50 mg/kg
Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds	335-67-1 and others	206-397-9 and others	0,1 mg/kg
			(PFOA and its salts),
			20 mg/kg
			(sum of PFOA-related compounds)’
Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds	355-46-4 and others	355-46-4 and others	0,1 mg/kg
			(PFHxS and its salts),
			20 mg/kg
			(PFHxS-related compounds)’

Amendment 10
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b – table
Regulation (EU) 2019/1021
Annex IV – table

Text proposed by the Commission
‘Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)	85535-84-8	287-476-5	1 500 mg/kg
Amendment
‘Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)	85535-84-8	287-476-5	420 mg/kg

Amendment 11
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c – table
Regulation (EU) 2019/1021
Annex IV – table

Text proposed by the Commission
Tetrabromodiphenyl ether C12H6Br4O	40088-47-9 and others	254-787-2 and others	Sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether:
Pentabromodiphenyl ether C12H5Br5O	32534-81-9 and others	251-084-2 and others
Hexabromodiphenyl ether C12H4Br6O	36483-60-0 and others	253-058-6 and others
Heptabromodiphenyl ether C12H3Br7O	68928-80-3 and others	273-031-2 and others
Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE) C12Br10O	1163-19-5 and others	214-604-9 and others
			(a) until [OP, please introduce the date of the day before the date in the following point], 500 mg/kg
			(b) from [OP, please introduce the date of 5 years after the date of entry into force of this Regulation], 200 mg/kg or, if higher, the sum of the concentration of those substances where they are present in mixtures or articles, as set out in Annex I, fourth column, point 2 for the substances tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether.’
Amendment
Tetrabromodiphenyl ether C12H6Br4O	40088-47-9 and others	254-787-2 and others	Sum of the concentrations of tetrabromodiphenyl ether C12H6Br4O, pentabromodiphenyl ether C12H5Br5O, hexabromodiphenyl ether C12H4Br6O, heptabromodiphenyl ether C12H3Br7O and decabromodiphenyl ether C12Br10O:
Pentabromodiphenyl ether C12H5Br5O	32534-81-9 and others	251-084-2 and others
Hexabromodiphenyl ether C12H4Br6O	36483-60 and others	253-058-6 and others
Heptabromodiphenyl ether C12H3Br7O	68928-80-3 and others	273-031-2 and others
Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE) C12Br10O	1163-19-5 and others	214-604-9 and others
			(a) until [OP, please introduce the date of the day before the date in the following point], 200 mg/kg The Commission shall review that concentration limit and shall, where appropriate and in accordance with the Treaties, adopt a legislative proposal to lower that value no later than [OP, please introduce the date of 5 years after the date of entry into force of this Regulation].
			(b) deleted

Amendment 12
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point d – table
Regulation (EU) 2019/1021
Annex IV – table

Text proposed by the Commission
‘Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs)			5 µg/kg (2)
________________
(2) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third subparagraph, in the table, of Annex V.’
Amendment
‘Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs)			1 µg/kg (2)
_______________
(2) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third subparagraph, in the table, of Annex V.’

Amendment 13
Proposal for a regulation
Annex I – paragraph 1 – point 1 – point e – table
Regulation (EU) 2019/1021
Annex IV – table

Text proposed by the Commission
‘Hexabromocyclododecane(4)	25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8	247-148-4 221-695-9	500 mg/kg
Amendment
‘Hexabromocyclododecane(4)	25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8	247-148-4 221-695-9	(a) until [OP, please introduce the date of the day before the date in the following point], 200 mg/kg
			The Commission shall review that concentration limit and shall, where appropriate and in accordance with the Treaties, adopt a legislative proposal to lower that value to 100 mg / kg no later than [OP, please introduce the date of 5 years after the date of entry into force of this Regulation].

Amendment 14
Proposal for a regulation
Annex I – paragraph 1 – point 2 – point a – point iv (new)
Regulation (EU) 2019/1021
Annex V – Part 2 – Table

Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds: 50 mg/kg (PFHxS and its salts), 2 000 mg/kg (PFHxS-related compounds).

(1)	The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0092/2022).

Last updated: 1 September 2022

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