EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 28.10.2021  
COM(2021) 656 final  
2021/0340 (COD)  
 
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  
(Text with EEA relevance)  
{SEC(2021)  379 final}  - {SWD(2021)  299 final}  - {SWD(2021)  300 final}  -
 {SWD(2021)  301 final}   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
Regulation (EU) 2019/1021 of the European Parliament and of the Council1 on persistent 
organic pollutants (‘the POPs Regulation ’) implements the commitments of the Union under 
the Stockholm Convention on Persistent Organic Pollutants (‘the Stockholm Convention’) , 
approved by Council Decision 2006/507/EC2, and under the Protocol to the 1979 Convention 
on Long -Range Transboundary Air Pollution on Persistent Organic Pollutants (‘the POPs 
Protocol’) , approved by Council Decision 2004/259/EC3. 
The primary purpose of the proposal is to implement, for the substan ces within its scope , the 
EU’s international obligations under the Stockholm Convention  and, more specifically, 
those derived from the POPs Regulation. Therefore , the main objective of the proposal is to 
protect human health and the environment  from the ad verse effects caused by POP 
substances and eliminating or minimising emissions of POPs from waste.  Taking this into 
account, the general objectives of this initiative are also to ensure, to the extent possible, an 
optimal balance with the European Green De al’s ambitions  to achieve toxic -free material 
cycles , increase recycling and circularity  and reduce GHG emissions . 
The problems caused by POP substances are related to their intrinsic physical and chemical 
properties , to how and where they have been used , and to the adverse effects that their 
progressive release has on the health of human beings , of ecosystems and on the services 
these provide. In one way or another , all POP substances are recognised to have adverse, 
generally long -term effects upon living  organisms. They persist for a very long time in the 
environment and in our bodies and can be transported unchanged to almost any remote point 
of the globe, far away from where they were produced or used.  
More concretely, the aim of this initiative  is to update , for certain substances  and groups of 
substances , the concentration limits  set in Annexes IV and V of the POPs Regulation , 
which determine how waste that contains POPs is treated, particularly whether it can be 
recycled or should be destroyed or irr eversibly transformed.  This update brings Annexes IV 
and V of the Regulation in line with the Stockholm Convention and with Annex I of the POPs 
Regulation by aligning with the substances listed therein and introducing concentration limit 
values for them. It also adapts , to scientific and technical progress , the limit values for some 
substances that are already listed.   
Management of POP waste, including i ts recycling where this is possible, should be carried 
out in an environmentally sound manner , with mi nimal impact on human health and the 
environment. The resulting secondary materials should always be safe ly useable  and fit  for 
purpose and, to the greatest extent feasible, free of toxic substances . It should also minimise 
the extent to which toxic substa nces are released into the environment, and thus contribute to 
                                                 
1 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on 
persistent organic pollutants (recast) (OJ L 169, 25.6.2019, p. 45).  
2 Council Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the 
European Community, of the Stockholm Convention on Persistent Organic Pollutants (OJ L 209, 
31.7.2006, p. 1).  
3 Council Decision 2004/259/EC of 19 February 2004 concerning the conclusion, on behalf of the 
European Community, of the Protocol to the 1979 Conve ntion on Long -Range Transboundary Air 
Pollution on Persistent Organic Pollutants (OJ L 81, 19.3.2004, p. 35).  EN 2  EN the zero pollution ambition by reducing their environmental and health impact. To achieve 
this, suitable, state -of-the art sorting and decontamination technologies  must be available.  
  
• Consistency with existing policy provisions in the policy area  
The current Union rules on the management of persistent organic pollutants  are laid down in 
the POPs Regulation. In addition, Union obligations relating to the export of persistent 
organic pollutants are implemented by Regulation (EU) No 649/2012 of the European 
Parliament and of the Council4. 
The proposal amends Annexes IV and V of the POPs Regulation , implements the Union’s  
commitments in the context of the Stockholm Convention  and the POP  Protocol , and is 
consistent with  the Basel Convention on transboundary movements and disposal of hazardous 
and other wastes. The proposal implements , for the substances within its scope , the obligation 
of the Parties to the Basel Convention to ensure the environmentally sound management  of 
hazardous waste and other waste. The values set out in Annex IV of the POPs Regulation  
implement at Union level the concept of ‘low POP content values ’ that are listed as non -
binding values unde r the Basel ‘General techn ical guidelines on the environmentally sound 
management of wastes consisting of, containing or contaminated with persistent organic 
pollutants ’.  
 
• Consistency with other Union policies  
The proposal is consistent with the objective in the Chemicals Strategy for Sustainability5 to 
minimise and substitute , as far as possible , chemicals which have a chronic effect on human 
health and the environment (one type of substances of concern ) and to phase out the most 
harmful ones in applications that are  non-essential for societ y, particular ly those  in consumer 
products.  
Similarly , the proposal is consistent with the objective, put forward in the European Green 
Deal6, of achieving climate neutrality in Europe by 2050 and with that of implement ing a 
new Circular Economy Action Plan7 to stimulate the development of lead markets for climate -
neutral and circular products in the EU and beyond. The proposal is also in line with the 
Communication on a Zero Pollution Action Plan8, in which the EU has defi ned a zero 
pollution vision for 2050, whereby air, water and soil pollution is reduced to levels no longer 
considered harmful to health and natural ecosystems and that respect the boundaries our 
planet can cope with.  
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPOR TIONALITY  
• Legal  basis  
The proposal is based  on Article 192(1) of the Treaty on the Functioning of the European 
Union  relating to environmental protection , given that the measures agreed under the 
                                                 
4 Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning 
the export and import of hazardous chemicals  (OJ L 201, 27.7.2012, p. 60).  
5 COM(2020) 667 final  
6 COM(2019) 640 final  
7 COM(2020) 98 final  
8 COM(2021) 400 final  EN 3  EN Stockholm Convention predominantly pursue an environmental  objective , namely   
eliminati ng or reducing the emissions of persistent organic pollutants.   
Article 15(2) of the POPs Regulation specifies that the Commission must keep Annexes IV 
and V under constant review  and shall, where appropriate , make legislative proposals to 
amend these Annexes , to adapt them to the changes to the list of substances  set out in the 
Annexes to the Convention or the Protocol , or to modify existing entries  or provisions in the 
Annexes to this Regulation , to adapt them to scientific an d technical progress.  
 
• Subsidiarity   
The POP substances within the scope of this proposal  are transported across internal EU 
boundaries far from their sources , and  avoiding releases from POPs containing waste is a 
priority in this respect.  
Protect ing the environment and human health through a system that guarantees the sound 
management of POP waste can only be efficient if common rules are defined and established 
at EU level. Therefore, the objectives of the proposal cannot be achieved by the Member 
States on their own , because a harmonised approach is needed to ensure that the Union, as a 
Party to the Stockholm Convention, meets its international obligations.  
 
• Proportionality  
The POPs Regulation requires consideration of proportionality , as indicat ed in recital 34  of 
the Regulation . The principle of proportionality, as laid down in Article 5 of the Treaty on 
European Union, seeks to set actions taken by EU institutions within specified bounds.  
The measures in the propos al are limited to what is necessary to achieve its objectives  and 
take into account the provisions in Article 5 of Protocol number 2 to the Treaty  on European 
Union , on the application of the principles of subsidiarity and proportionality, which indicate 
that ‘draft legislative acts shall take account of the need for any burden, whether financial or 
administrative, falling upon the Union, national governments, regional or local authorities, 
economic operators and citizens, to be minimised and commensurate wit h the objective to be 
achieved ’.  
The methodology to set the limit values, described in Annex IV of the impact assessment, 
supports the development of limit values that are feasible and implementable for all relevant 
waste streams. An assessment is carried  out regarding  the technical and economic feasibility 
of the proposed limit values for the main operators who are affected ; each assessment is case -
specific and made on the basis of available information. Aspects such as the number, size and 
nature of the stakeholders who are affected and their estimated capacity to absorb additional 
costs and investments, as well as the availab le treatment capacit y of waste operators, are 
taken into account.  
An analysis of the impact of the preferred policy options is sum marised in section 8.2 of the 
impact assessment.  
 
• Choice  of the instrument  
Under Article 15(2) of the POPs Regulation, the Commission must, where appropriate, make 
legislative proposals to amend Annexes IV and V to the Regulation , to adapt them to the 
changes to the list of substances set out in the Annexes to the Convention or the Protocol , or EN 4  EN to modify existing entries or provisions in the Annexes to this Regulation , to adapt them to 
scientific and technical progress. Therefore, as prescribed by Article  15(2), this initiative takes 
the form of a Regulation amending the POPs Regulation.  
 
3. RESULTS  OF EX-POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS  
• Ex-post evaluations/fitness  checks  of existing  legislation  
Given the limited and tec hnical nature of th is proposal , and considering the recast  of the POPs 
Regulation  in 2019, no ex -post evaluation of the existing legislation was considered 
necessary.   
  
• Stakeholder  consultations  
The impact assessment accompanying this proposal was subject to a thorough stakeholder 
consultation to ensure that the view s of stakeholders were  duly represented and considered. 
Given the technical nature of the proposal  and its deep level of detail , the exercise was 
primarily addressed to professional, aca demic and industrial/sectoral stakeholders, as well as 
representatives of civil society such as NGOs, consumer associations and trade unions.  
The Inception Impact Assessment Roadmap was published on 29 May 2020 and the 
consultation period concluded on 7 A ugust 2020 ; feedback was received from 51 respondents. 
The analysis of the se response s revealed some distinct discrepancies between stakeholders on 
how to deal with POPs in the circular economy.  
According to many responses, particularly from NGOs , the rec ycling of waste containing 
POPs is incompatible with a safe circular economy. This argument prioritises the removal of 
POPs from within the supply chain over the potential benefits associated with recycling such 
products. Industry responses provide a more nuanced view and note that EU policies which 
strive for a ‘toxic -free environment’ and also for more recycling often point in contradictory 
directions , which results in waste operators finding themselves in a situation where rules are 
not predictable and not always practicable. Two associations indicated that more public 
support should be provided to foster new investments in waste sorting and decontamin ation , 
as this would allow for more and better recycling.  
In addition, a targeted stakeholder consultation  was carried out in the context of the support 
study, comprising all aspects relevant to the impact assessment, including socio -economic 
elements, by means of an electronic questionnaire and interviews with stakeholders 
representing key sectors and organisations. The impact assessment supporting this proposal 
also capitali ses on information on the views of stakeholders, and of society in general, 
regard ing substances of concern in recycled materials , that were collected in the open public 
consultation on the interface between chemical, product and waste legislation9. This 
consultation, carried out  in 2018 , address ed broader, less technical aspects releva nt to  this 
measure , and therefore this information was already available and was used to support the 
measure. A summary report10 of that consultation was published on 28 February 2019.  
                                                 
9 COM(2018) 32  
10 https://ec.europa.eu/info/sites/info/files/summary -report -public -consultation -chemical -product -waste -
legilsation.pdf   EN 5  EN A detailed account of the stakeholder consultations  and of their outcomes is included in 
Annex 2 of the impact assessment  report . 
 
• Collection  and use of expertise  
To support the analysis of the impact assessment , the Commission awarded a support contract  
to external consultants : ‘Study to support the assessment of impacts associated with the review 
of limit values in waste for POPs listed in Annexes IV and V of Regulation (EU) 2019/1021 ’ 
(RPA/INERIS, 2021). The assessment also relied on a study carried out in support of a 
previous amendment of Annexes IV and V of the POP s Regulation, particular ly for the mass  
flows of substances and waste, done in the context of the recast of Regulation (EC) No. 
850/2004: ‘Study to support the review of waste related issues in Annexes IV and V of 
Regulation (EC) 850/200 4’ (Ramboll Environment & Health GmbH , January 2019).  
In addition to these two studies, information on relevant substances contained in older studies 
carried out in support of previous amendments of the POP s Regulation was also cons idered :  
 Study on waste related issues of newly listed POPs and candidate POPs  (ESWI 
Consortium , April 2011 ) 
 Study to facilitate the implementation of certain waste related provisions of the 
Regulation on Persistent Organic Pollutants (POPs)  (BiPRO , August 2005 ) 
The development of the impact assessment in support of the proposal was also assisted by an 
Inter Service Steering Group for the Impact Assessment . This group  was set up by DG 
Environment and  met four times  from July 2020 to June 2021.  
 
• Impact  assessmen t 
The proposal is informed by  an impact assessment . After having addressed the Regulatory 
Scrutiny Board ’s comments issued in its first opinion of 5 March 20 21, the impact assessment 
received a positive opinion with reservations on 29 June 2021. In its final opinion , the Board 
asked for further det ails on the methodology used to propose the different limit values for the 
POPs within the scope  of the proposal . 
The policy options considered  in the impact assessment refer to a range of limit values to the 
Annex IV values to be proposed for the different substances within the scope of the proposal. 
Annex IV values (also known as ‘low POP concentration limits ’) are defined in Article 
7(4)( a) of the POPs Regulation. They define the value for POP substances in w aste at or 
above which they have to be destroyed or irreversibly transformed. In practice , this means 
that waste below this value containing POPs can be treated by other means, including be ing 
recycled.  
For each of the substances within the scope  of the proposal , Policy Option 1  describes the 
current baseline and represents the highest value considered (or the absence of a limit for 
substances not  yet listed). Under the baseline, no changes would be introduced in Annexes IV 
and V to the POPs Regul ation. This means that newly listed substances under the Convention 
would not be included in the relevant Annexes11. The same would also apply to  substances for 
                                                 
11 As explained in section 3.1  of the impact assessment report,  this is a purely hypothetical ‘business -as-usual’ policy 
option, as such listing is mandatory and not listing these substances in Annex IV would not enable the EU to meet 
its obligation to ensure environmentally sound management of POP  waste .    EN 6  EN which limits have already been set under the POPs Regulation, and for which scientific and 
techn ical progress advises that the values be reviewed.  
Policy Option 2  represent s value s in the middle of the range under consideration. In this 
option, new limit values under Annex IV are proposed to be established for new substances 
and limit values are pro posed to be tightened for certain listed POPs where this c an be 
justified. The former is the case for the newly listed substance PFOA, its salts and PFOA -
related compounds . No intermediate Option 2 values were considered for dicofol and 
pentachlorophenol. For the remaining substances within the scope  of this proposal  – PBDEs, 
HBCDD, SCCPs and dioxins and furans (including dl -PCBs)  – a middle range limit value was 
considered in the impact assessment.  
Under Policy Option 3 , stricter limit values in Annex IV are proposed for eight substances12. 
For PBDEs , Option 3 is analysed as two sub -options, one resulting in implementing the lower 
limit value immediately and the other envisag ing a delayed implementation of 5 years after 
entry into force of the meas ure (with Option 2 being implemented in the interim).  
Policy Option 4 , with an additional lower value, has been considered for dioxins and furans 
(PCDD/Fs). The reason for this additional option is to assess the possibility of setting a lower 
Annex IV val ue for these substances, as well as the additional sub -option to set a lower 
specific value to be used only as a limit for untreated waste applied directly on land (e.g. in 
agricultural applications).   
The following table presents a range of values (policy  options) for Annex IV for each 
substance/substance group considered:  
Tables 1 and 2: Policy options considered for Annex IV limits  
Note: No baseline value is available for PFOA, dicofol and PCP , given these are newly listed substances.  
 
                                                 
12 Note that , for d ioxin -like PCBs, the assessment focuses on their integration into the limit value for dioxins and 
furans.   
13 Current baseline values in Annex IV of the POPs Regulation.  Table 1  Option 1  
(baseline13) Option 2  Option 3  
PFOA , its salts and PFOA -related 
compounds  (mg/kg)  - 50  for PFOA and its salts;  
2 000 for related compounds  0.025 for PFOA and its 
salts;  
1 for related compounds# 
Dicofol (mg/kg)  - - 50 
Pentachlorophenol (PCP), its salts 
and esters  (mg/kg)  - - 100 
Sum of 5 PBDEs  (mg/kg)  1 000 500 200 
SCCPs (mg/kg)  10 000 1 500 420 
HBCDD  (mg/kg)  1 000 500 100 EN 7  EN *: The appropriateness of including dioxin -like PCBs in the group value for dioxins and furans is also assessed.         
+/++: For dioxins and furans, Options 3 and 4 define a generally applicable value to all waste management operations. They 
each include a possible sub -option which would include an additional specific limit value in parenthesis  that would apply 
only for ap plication of waste on land.  
Following the assessment of the environmental, social and economic impact of the various  
policy options considered for the Annex IV values for the relevant POP substances, the 
preferred options are highlighted in the table belo w.  
Table 3 : Preferred option for Annex IV limits (shaded)  
Substance  Option 1  
Baseline  Option 2   Option 3  Option 4  
PBDEs  1 000 mg/kg  500 mg/kg  Initial implementation of 500 mg/kg , 
followed by reduction to 200 mg/kg14   
5 years after entry into application  of 
initial limit  N/A  
(not 
applicable)  
HBCDD  1 000 mg/kg  500 mg/kg  100 mg/kg  N/A 
PCDD/Fs (dioxins 
and furans)15 0.015 mg 
TEQ/kg  0.010 mg TEQ/kg  0.005 mg TEQ/kg  0.001 mg 
TEQ/ kg  
Dioxin -like PCBs16 No specific 
consideration of 
dl-PCBs 
(included in 
existing total 
PCB limit of 50 
mg/kg ) Definition of a 
specific stand -alone 
limit for dl -PCBs  Inclusion of dl -PCBs in the limit for 
PCDD/Fs  
(under PCDD/Fs Option 3 – 0.005 mg 
TEQ/kg)  N/A 
Short -chain 
chlorinated paraffins 
(SCCPs)  10 000 mg/kg  1,500 mg/kg  420 mg/kg  N/A 
PFOA, its salts and 
related compounds  No limits exist  50 mg/kg (PFOA 
and salts)  
2 000 mg/kg 
(PFOA -related 
compounds)  1 mg/kg for PFOA and salts and 40 
mg/kg for PFOA -related compounds  
[Note: The above value is proposed 
instead of the intially considered 
Option 3:  
0.025 mg/kg (PFOA and salts)  
1 mg/kg (PFOA -related compounds)]  N/A 
                                                 
14 Or the value for the sum of listed PBDEs in Annex I, for mixtures or articles, if th is is higher  at that time . 
15 Sub-options 3 and 4, which include an additional specific lower value for waste applied on land, have been 
considered and not retained due to their disproportionate impact and considerations regarding the appropriateness 
of the  instrument (other dedicated legislation seems more appropriate). See section 5.2 of the impact assessment 
report .  
16 Options 2 and 3 do not represent numerical values but different approaches to setting a limit for dl -PCBs.  Table 2  
Option 1 
(baseline)  Option 2  
 Option 3  
 Option 4  
 
Dioxins and furans*  
(mg/kg)  0.015  0.010  0.005+   (0.001)  0.001++      (0.00005)  EN 8  EN Substance  Option 1  
Baseline  Option 2   Option 3  Option 4  
Pentachlorophenol 
(PCP) , its salts and 
esters  No limit exists  N/A 100 mg/kg  N/A 
Dicofol  No limit exists  N/A 50 mg/ kg N/A 
In addition to the Annex IV values above, the impact assessment also considers, for the 
substances for which a new listing is proposed, a single policy option representing a value to 
be included in Annex V of the Regulation. For consistency, the substance decaBDE is also 
proposed to be included in  the limit value for the (listed) PBDEs.   Annex V values are 
referred to in Article 7(4)(b) of the POPs Regulation and are also known as ‘maximum POP 
concentration limits ’. 
Table 4 : Proposed Annex V limit values   
Substance  Value  
PBDEs  (including 
decaBDE)  10 000 mg/ kg 
PFOA, its salts and 
related compounds  50 mg/kg for PFOA and salts 
2 000 mg/kg for PFOA -related substances  
Pentachlorophenol 
(PCP)  1 000 mg/kg  
Dicofol  5 000 mg/kg  
The preferred policy options proposed are supported by the methodology described in section 
5.2 and in Annex IV of the impact assessment report . They  take into account the general 
objectives of protect ing human health and the environment (as an overarching objective), 
increased recycl ing and uptake of secondary raw materials and contribut ing to a reduction in 
greenhouse gas emissions (in support of the EU’s climat e objectives).  
The proposed values for Annex V are informed by the results of applying the methodology 
and are ultimately based on existing agreed Annex V values for similar substances.  
In addition to the substances listed above, the impact assessment has addressed an additional 
substance, perfluorohexane sulfonic acid (PFHxS). The POPs Review Committee operating 
under the Stockholm Convention adopted a decision recommending that the Conference of 
the Parties  (COP)  consider listing PFHxS, its salts and PFHxS -related compounds  in Annex A 
to the Convention without specific exemptions. Due to the COVID -19 pandemic, the decision  
for this inclusion, originally scheduled for July 2021, was delayed and is now due to take 
place in the face -to-face se gment of COP1 0 of the Stockholm Convention planned for 6-17 
June 2022.  Given PFHxS is not yet listed under the Convention, its listing u nder the POPs 
Regulation is currently not proposed. If such listing under the Convention takes place during 
the co -decision process its inclusion in the Regulation may be proposed based on the analysis 
carried out in the impact assessment.  
 
• Regulatory  fitness  and simplification  
No simplification measures were identified, as the POPs Regulation has recently gone through 
a recast exercise.  The initiative is limited to setting values for specific substances in Annex es EN 9  EN IV and V of the POPs Regul ation; therefore, the proposal follows a strictly defined legal 
scope and format .  
• Fundamental  rights  
The unsound management of hazardous substances, particular ly of POPs , contributes to 
overall environmental pollution which may have serious effects on the right to life, the right 
to the integrity of the person, the right to fair and just working conditions and the right to a 
healthy environment .  
The POPs Regulation imple ments the provisions of the Stockholm Convention and the 
Protocol in the Union. Bearing in mind Principles 14 and 15 of the Rio Declaration on 
Environment and Development , the Regulation provides measures to minimise  – and with a 
view to eliminating , where  feasible , as soon as possible  – releases of POPs . It also  establishes 
provisions on waste consisting of, containing or contaminated by any of those substances.  
The proposal amends Annexes IV and V of the POPs Regulation, enabling the Union to  
adher e to its commitments, for the substances within the scope of the proposal, made by the 
Union under the Stockholm Convention and the Protocol.  
4. BUDGETARY  IMPLICATIONS  
The proposed measure does not envisage  budgetary consequences for the European 
Commission . Consequently, a legislative financial statement is not provided .  
5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
Monitoring of the impact and effectiveness of the POPs Regulation, including its provisions 
regard ing waste, is an existing obligation under the Regulation ; consequently, no additional 
measures or mechanisms are envisaged in this proposal. Synthesis reports prepared by the 
Commission, based on Member State s’ reporting on the implementation of the POP 
Regulation , are published regularly17.  
• Explanatory  documents  
As the legal instrument  proposed  is a Regulation , which is directly applicable in the Member 
States, an explanatory document  is not required . 
• Detai led explanation  of the specific  provisions  of the proposal  
Article  1 provides  for the amendment  of Annexes  IV and V to Regulation (EU) 
2019/1021 . 
Article  2 contains  provisi ons regarding  the entry  into force  of the measure.  
Annex  contains  specific  provisions  amending  Annexes  IV and V to Regulation (EU) 
2019/1021.
                                                 
17 https://ec.europa.eu/environment/chemicals/international_conventions/index_en.htm  EN 10  EN 2021/0340 (COD)  
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  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 192(1) thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee1,  
Having regard to the opinion of the Committee of the Regions2,  
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(1) Regulation (EU) 2019/1021 of the European Parl iament and of the Council3 on 
persistent organic pollutants implements in the law of the Union the commitments set 
out in the Stockholm Convention on Persistent Organic Pollutants (hereinafter ‘the 
Convention ’) approved on behalf of the Community by Counci l Decision 
2006/507/EC4, and in the Protocol to the 1979 Convention on Long -Range 
Transboundary Air Pollution on Persistent Organic Pollutants approved on behalf of 
the Community by Council Decision 2004/259/EC5. 
(2) At the seventh meeting of the Conferenc e 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, he ld 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 th ose 
amendment s to the Convention  and to ensure that waste containing  those substances is 
                                                 
1 OJ C , , p. .  
2 OJ C , , p. .  
3 Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on 
persistent organic pollutants (recast) (OJ L 169, 25.6.2019, p. 45).  
4 Council Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the 
European Community, of the Stockholm Convention on Persistent Organic Pollutants  (OJ L 209, 
31.7.2006, p. 1 ). 
5 Council Decision 259/2004 /EC of 19 February 2004 concerning the conclusion, on behalf of the 
European Community, of the Protocol to the 1979 Conve ntion on Long Range Transboundary Air 
Pollution on Persistent Organic Pollutants (OJ L 81, 19.0 3.2004, p. 35 ). EN 11  EN 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 the ir corresponding concentration 
limits .   
(3) Pentachlorophenol had been previously  listed in Annexes IV and V to Regulation (EC) 
No 850/2004  of the European Parliament and of the Council6 by Commission 
Regulat ion (EU) 2019/6367, 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.  
(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 concen trations 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 limit s in Annex IV for th ose substances to 
adapt the ir limit values to scientific and technical progress. To be  consisten t 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 .  
(5) Considering that a subgroup of 12 PCB congeners8, known as dioxin -like PCBs  (dl-
PCBs) , have toxicological properties that closely resemble those of PCDD/PCDF , and 
to take into account the aggregated effect of all dioxin -like compounds listed in 
Regulation  (EU) 2019/1021 , it is appropriate to  include d l-PCBs  within the existing 
group entry for PCDD/PCDF  in Annexes IV and V to Regulation  (EU) 2019/1021 . 
The list of toxic equivalency factor  values in Part 2 of Annex V to that Regulation 
should also be amended to introduce the corresponding values for the individual dl-
PCB congeners . 
(6) The proposed concentration limits in Annexes IV and V to Regulation (EU) 
2019/1 021 have been set applying the same methodology that was used to establish 
the concentration limit s in previous amendments of Annexes IV and V  to Regulation 
(EC)  No 850/2004 . The proposed concentration limits should 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 
                                                 
6 Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on 
persistent organic pollutants and amending Direct ive 79/117/EEC (OJ L 158, 30.4.2004, p. 7).  
7 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).  
8 PCB -77, PCB -81, PCB -105, PCB -114, PCB -118, PCB -123, PCB -126, PCB -156, PCB -157, PCB -167, PCB -169 
and PCB 189 . EN 12  EN should also take into consideration the broader policy objective  of achiev ing a climate -
neutral and circular economy,  enshrined in the European Green Deal9.   
(7) Regulation (EU) 2019/1021  should therefore be amended accordingly.  
(8) It is appropriate to provide for a sufficient period of time to allow companies and 
competent authorities to adapt to the new requirements . 
HAVE ADOPTED THIS REGULATION:  
 
Article 1  
 
Annexes IV and V to Regulation (EU) 2019/1021 are amended in accordance with the Annex 
to this Regulation.   
Article 2  
 
This Regulation shall enter into force on the twentieth day following that o f its publication in 
the Official Journal of the European Union . 
This Regulation shall apply from [ OP, please introduce the date of  6 months after publication 
in the Official Journal of the European Union ].  
   
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
For the European Parliament  For the Council  
The President  The President   
                                                 
9 COM(2019) 640 final