EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2014) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Regulation (EC) No 850/2004 of the European Parl iament and of the Council 
on persistent organic pollutants  as regards Annexes IV and V 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Regulation (EC) No 850/2004 of th e European Parliament and of the Council 
on persistent organic pollutants as regards Annexes IV and V 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 850/2004 of the European Parliament and of the 
Council of 29 April 2004 on persistent orga nic pollutants and amending Directive 
79/117/EEC
1, and in particular Article 7(4)(a) and (5) and Article 14(2) and (4) thereof, 
Whereas: (1) Regulation (EC) No 850/2004 implements in the law of the Union the commitments 
set out in the Stockholm Convention on Persiste nt Organic Pollutants (hereinafter "the 
Convention") approved by Council Decision 2006/507/EC
2, on behalf of the 
Community, and in the Protocol to  the 1979 Convention on Long-Range 
Transboundary Air Pollution on  Persistent Organic Pollu tants (hereinafter "the 
Protocol") approved by Council Decision 259/2004/EC3, on behalf of the Community. 
(2) At the fourth meeting of the Conference of the Parties to the Convention from 4 to 8 
May 2009, it was agreed to add chlordecone, hexabromobiphenyl, hexachlorocyclohexanes, including lindane , pentachlorobenzene, tetrabromodiphenyl 
ether, pentabromodiphenyl ether, hexabr omodiphenyl ether and heptabromodiphenyl 
ether (hereinafter "polybrominated diphenyl  ethers"), as well as perfluorooctane 
sulfonic acid and its derivatives (herei nafter "PFOS") to the Annexes to the 
Convention. 
(3) In view of concerns regarding the comple teness and representativeness of scientific 
information on quantities and concentrations  of the polybrominated diphenyl ethers 
and PFOS in articles and wastes, those s ubstances were provisionally listed in 
Annexes IV and V to Regulation (EC) No  850/2004 without an indication of the 
maximum concentration limits.  
(4) Additional scientific data on quantities a nd concentrations of  the polybrominated 
diphenyl ethers and PFOS in articles and wast es has now been assessed. It is therefore 
necessary to establish maximum concentra tion limits for these persistent organic 
pollutants without undue delay in order to en sure a uniform application of Regulation 
                                                
 
1 OJ L 158, 30.4.2004, p. 7. 
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 259/2004/EC of 19 February 2004 concerning the conclusion, on behalf of the 
European Community, of the Protocol to the 1979 Convention on Long Range Transboundary Air 
Pollution on Persistent Organic Polluta nts (OJ L 81, 19.02.2004, p. 35).  
EN 3   EN (EC) No 850/2004 and to avoid a continuous release of those s ubstances into the 
environment.  
(5) At its 27th session from 14 to 18 December 2009, the Executive Body of the Protocol 
decided to add hexachlorobut adiene, polychlorinated naph thalenes, and short-chain 
chlorinated paraffins  to the Protocol. 
(6) At its fifth meeting from 25 to 29 Apr il 2011, the Conference of the Parties to the 
Convention agreed to add endos ulfan to the list of persiste nt organic pollutants to be 
eliminated worldwide, with some exemptions. 
(7) In view of the decisions taken by the Ex ecutive Body of the Protocol and the 
Conference of the Parties to the Convention, it is necessary to update Annexes IV and 
V to Regulation (EC) No 850/2004 in or der to include those substances. 
(8) Regulation (EC) No 850/2004 should therefore be amended accordingly. 
(9) In order to allow companies and competent au thorities sufficient time to adapt to the 
new requirements, this Regul ation should apply from [ Date to be filled in by PO: six 
months after the date of publication ].  
(10) The measures provided for in this Regulati on are in accordance with the opinion of the 
Committee established by Article  39 of Directive 2008/98/EC4, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 850/2004 is amended as follows:  
(1) Annex IV is replaced by the text in Annex I to this Regulation. (2) Annex V is amended in accordance with Annex II to this Regulation. 
Article 2 
This Regulation shall enter into  force on the twentieth day follo wing that of its publication in 
the Official Journal of  the European Union . 
It shall apply from [ Date to be filled in by PO:  six months after the date of publication ]. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the Commission 
 The President  José Manuel BARROSO 
                                                
 
4 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).