Revision of Annexes IV and V to the EU Regulation on Persistent Organic Pollutants

Briefing 03-12-2021

At the end of October 2021, the European Commission submitted a proposal for the revision of Regulation (EU) 2019/1021 on persistent organic pollutants (POPs), and in particular its Annexes IV and V, which determine how waste containing POPs must be treated, i.e. whether waste could be recycled or must be destroyed or irreversibly transformed. The proposal updates the concentration limits of certain (groups of) POP substances already regulated in Annexes IV and V of the regulation, and also establishes concentration limits for substances that have not yet been regulated by these annexes. The proposal thus ensures, on the one hand, implementation of the EU's commitments at international level (alignment of the EU legislation with developments at international level in the field of POPs, e.g. under the Stockholm Convention on POPs), and, on the other, alignment of the EU legislation with scientific and technical progress. It also aims to achieve an optimal balance between the ambitions of the European Green Deal  notably, to ensure that human health and the environment are protected from the adverse effects caused by POPs, while also achieving toxic-free material cycles, more recycling and circularity, and reduced greenhouse gas emissions. The recast of the regulation in 2019 envisaged that Annexes IV and V would be revised following the ordinary legislative procedure. This briefing presents the findings of publicly accessible sources on the implementation of the EU legislation in terms of its scope and subject to revision.