EUROPEAN COMMISSION Brussels, 22.7.2021 COM(2021) 408 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the review and update of the third European Union Implementation Plan







in accordance with Article 9(4) of Regulation (EU) 2019/1021







on persistent organic pollutants









{SWD(2021) 201 final}



1.Introduction The Stockholm Convention on Persistent Organic Pollutants (POPs) (the ‘Stockholm Convention’) was adopted in May 2001 and entered into force in 2004. The European Union (‘the Union’) and its Member States are parties to the Convention, which has first been implemented in Union law by Regulation (EC) No 850/2004 on persistent organic pollutants. That Regulation was replaced by the recast Regulation (EU) 2019/1021 on persistent organic pollutants (the ‘POPs Regulation’). The Stockholm Convention requires Parties pursuant to Article 7 to: (a) Develop and endeavour to implement a plan for the implementation of its obligations under the Convention; (b) Transmit its implementation plan to the Conference of the Parties within two years of the date on which the Stockholm Convention enters into force for that Party; (c) Review and update, as appropriate, its implementation plans on a periodic basis and in a manner to be specified by a decision of the Conference of the Parties. The first European implementation plan, titled the ‘Community Implementation Plan’ (CIP) was developed in 2007 (SEC (2007) 341) . The CIP was first updated with a ‘Union Implementation Plan’ (UIP) produced in 2014 (COM (2014) 306 final), and further updated in early 2019 (COM(2018)848 final). The review and update of the third Union Implementation Plan has become necessary to further address: 1) the recast of the POPs Regulation, which replaced the original Regulation (EC) No 850/2004 in July 2019; 2) the inclusion of a number of new persistent organic pollutants into the Stockholm Convention, including the pesticide dicofol and the industrial chemical perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds; and 3) the technical and legislative progress made in the area. This UIP was subject to a consultation with Member States' competent authorities, industry, environmental organisations and the general public. The UIP will be submitted to the Secretariat of the Stockholm Convention in accordance with the Union's obligations as a Party. 2.Persistent Organic Pollutants (POPs) POPs are chemical substances that persist in the environment, bio-accumulate, and pose a risk of causing significant adverse effects to human health or the environment. These pollutants are transported across international boundaries far from their sources and even accumulate in regions where they have never been used or produced. POPs pose a threat to the environment and to human health all over the globe, with the Arctic, Baltic and the Alpine regions being examples of EU sinks of POPs. International action has been deemed necessary to reduce and eliminate production, use and releases of these substances. The substances addressed in the international legal instruments on POPs are listed in Table 1. 3.International agreements addressing POPs 3.1.UNECE Protocol on POPs The Protocol on POPs (“the POPs Protocol”) of the UNECE Convention on Long-Range Transboundary Air Pollution (CLRTAP) was adopted on 24 June 1998 in Aarhus, Denmark. The POPs Protocol has been approved by the European Union and 23 Member States . The POPs Protocol focuses currently on a list of 16 substances comprising eleven pesticides, two industrial chemicals and three unintentional by-products. In 2009, Parties adopted decisions to list seven new substances. However, those decisions did not yet enter into force. The POPs Protocol bans the production and use of the chemicals that are listed, either immediately or at a later stage, and includes provisions for dealing with waste consisting of or containing those chemicals. It obliges Parties to reduce their emissions of dioxins, furans, polycyclic aromatic hydrocarbons (PAHs) and HCB and lays down specific emission limit values for the incineration of municipal, hazardous and medical waste. The ultimate objective is to eliminate any discharges, emissions and losses of these POP substances. 3.2.Stockholm Convention The Stockholm Convention was adopted in 2001 in the framework of the United Nations Environment Programme (UNEP) and entered into force in 2004. It promotes global action on an initial cluster of twelve POP substances, with an overall objective to protect human health and the environment from POPs. It requires Parties to take measures to eliminate or reduce the release of POPs into the environment. Specific reference is made to a precautionary approach as set forth in Principle 15 of the 1992 Rio Declaration on Environment and Development. This principle is implemented by Article 8 of the Stockholm Convention, which lays down the rules for including additional chemicals.

There are 28 chemicals or groups of chemicals currently listed in Annex A of the Stockholm Convention which are subject to a prohibition on production and use, except where there are generic or specific exemptions. In addition, the production and use of DDT, a pesticide still used in many developing countries, is severely restricted, as set out in Annex B of the Stockholm Convention. Annex B also contains PFOS, its salts and PFOS-F, for which there are also exemptions and acceptable uses in place. The generic exemptions allow laboratory-scale research, use as a reference standard and unintentional trace contaminants in chemicals, mixtures and articles. Articles containing POPs manufactured or already in use before the date of entry into force of the relevant obligation are also subject to an exemption provided that Parties submit information on the uses and a national plan for waste management for such articles to the Secretariat of the Stockholm Convention. Releases of unintentionally produced by-products listed in Annex C (dioxins, furans, PCBs, PeCB, HCB, and PCNs (December 2016), and hexachlorobutadiene (December 2018)) are subject to continuous minimisation with the ultimate objective of total elimination, where feasible. According to Annex C, Parties are required to promote and, in accordance with their action plans, require the use of best available techniques for new sources within their major source categories identified in Part II and Part III of Annex C to the Stockholm Convention. The Stockholm Convention also foresees identification and safe management of stockpiles containing or consisting of POPs. Waste containing, consisting of or contaminated with POPs should be disposed of in such a way that the POP content is destroyed or irreversibly transformed so that it does not exhibit POPs characteristics. Where this does not represent the environmentally preferable option or where the POP content is low, waste can be otherwise disposed of in an environmentally sound manner. Disposal operations that may lead to recovery or re-use of POPs are explicitly forbidden. With regard to shipment of wastes, relevant international rules, standards and guidelines, such as the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, are to be taken into account. Table 1: Overview on POPs regulated at international level (the new POPs added to the Stockholm Convention since 2009 are highlighted in grey) Substance CAS Listed in Stockholm Convention Listed in the UNECE Protocol on POPs Listed in the EU POPs Regulation Intentionally produced POPs Aldrin 309-00-2 Annex A Yes Yes Chlordane 57-74-9 Annex A Yes Yes Chlordecone 143-50-0 Annex A Yes Yes Dieldrin 60-57-1 Annex A Yes Yes Endosulfan 959-98-8 33213-65-9 115-29-7 Annex A No Yes Endrin 72-20-8 Annex A Yes Yes Heptachlor 76-44-8 Annex A Yes Yes Hexabromobiphenyl (HBB) 36355-01-8 Annex A Yes Yes Hexabromocyclododecane (HBCDD) (including its isomers) 25637-99-4 3194-55-6 134237-50-6 134237-51-7 134237-52-8 Annex A No Yes Hexabromodiphenyl ether and heptabromodiphenyl ether 36483-60-0;

68928-80-3;

and others Annex A Yes Yes Yes Hexachlorobenzene (HCB) 118-74-1 Annex A Yes Yes Alpha hexachlorocyclohexane* 319-84-6; 608-73-1 Annex A Yes: Hexachlorocyclohexanes (HCH; CAS: 608-73-1 ), including lindane (CAS: 58-89-9) Yes (all isomers including gamma HCH found in lindane) Beta hexachlorocyclohexane* 319-85-7 Annex A Lindane* 58-89-9 Annex A Mirex 2385-85-5 Annex A Yes Yes Pentachlorobenzene 608-93-5 Annex A Yes Yes Pentachlorophenol (PCP) 87-86-5 and others Annex A No Yes – added with the 2019 recast Polychlorinated biphenyls (PCB) 1336-36-3 and others Annex A Yes Yes Tetrabromodiphenyl ether and pentabromodiphenyl ether 40088-47-9; 32534-81-9;

and others Annex A Yes Yes Yes Toxaphene 8001-35-2 Annex A Yes Yes DDT 50-29-3 Annex B Yes Yes Perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride (PFOS) 1763-23-1; 307-35-7,

and others Annex B Yes Yes Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds 335-67-1 Annex A No Yes – added April 2020 SCCPs – short chain chlorinated paraffins 85535-84-8; and others Annex A Yes Yes HCBD – hexachlorobutadiene 87-68-3 Annex A Yes Yes PCN –polychlorinated naphthalenes 70776-03-3 and others Annex A Yes Yes Bis(pentabromophenyl)ether, also known as Decabromodiphenyl ether (c-decaBDE) 1163-19-5 Annex A No Yes – added with the 2019 recast Dicofol 115-32-2 Annex A No Yes – added June 2020 Unintentionally produced POPs Polychlorinated dibenzo-p-dioxins (PCDD) 1746-01-6 Annex C Yes Yes Polychlorinated dibenzofurans (PCDF) 1746-01-6 Annex C Yes Hexachlorobenzene (HCB) 118-74-1 Annex C Yes Yes Pentachlorobenzene 608-93-5 Annex C Yes Yes – added with the 2019 recast Polychlorinated Biphenyls (PCBs) 1336-36-3 and others Annex C Yes Yes PCN – polychlorinated napthalenes 70776-03-3 and others Annex C Yes Yes – added with the 2019 recast Polycyclic aromatic hydrocarbons (PAHs) 207-08-9 and others No Yes Yes HCBD – hexachlorobutadiene 87-68-3 Annex C Yes Yes – added with the 2019 recast * Lindane, Alpha- and Beta hexachlorocyclohexane, as well as Chlordecone and Hexabromobiphenyl are new POPs under the Stockholm Convention but have already been covered under the POPs Protocol and the POPs Regulation. 4.Purpose of the Union Implementation Plan (UIP) on POPs The Stockholm Convention lays down an obligation for all Parties, to develop and endeavour to implement a plan for the implementation of their obligations under the Stockholm Convention. For the Union, this obligation is also implemented in Article 9 of the POPs Regulation. The Commission therefore developed (in 2007) an Implementation Plan on POPs, which also covers the substances that fall under the POPs Protocol . This plan has subsequently been updated several times as the Stockholm Convention, the POPs Protocol and EU law have evolved. The overall purpose of the UIP is not only to fulfill legal obligations, but also to take stock of actions taken and to lay down a strategy and action plan for further Union measures related to POPs included in the Stockholm Convention and/or in the UNECE Protocol on POPs. The UIP therefore aims to: ·review the existing Union measures related to POPs; ·assess their efficiency and sufficiency in meeting the obligations of the Stockholm Convention; ·identify needs for further Union measures; ·establish a plan for implementing the further measures; ·identify and strengthen links and potential synergies between POPs management and other environmental policies and other policy fields; and ·increase awareness on POPs and their control measures. 5.Summary of the Union Implementation Plan

The fourth Union Implementation Plan is laid down in the Commission Staff Working Document accompanying this report. The review and update of the third Implementation Plan addresses the changes included within the recast, in the POPs Regulation, the inclusion of new persistent organic pollutants in the Stockholm Convention and the technical and legislative progress made in the area. The introduction provides an overview of the international legislative framework in which the POPs Regulation operates, including a summary of the UNECE Protocol on POPs and the Stockholm Convention. Chapter 2 presents the status quo of the EU’s execution of its obligations as a Party to the above-mentioned international frameworks. It describes the relevant EU legislation put in place as well as the financial instruments that support implementation. Notably, this includes new sections of the UIP providing detailed descriptions of the POPs Regulation. As part of the POPs Regulation, the European Chemicals Agency (ECHA) gets a number of tasks to support the European Commission, amongst others in the work to identify new candidate POPs. This alteration of the Regulation more closely aligns processes under the POPs Regulation with the related chemicals legislation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), i.e. Regulation (EC) No 1907/2006. Furthermore, ECHA has an obligation to provide additional information on the ECHA website, including notification of the preparation of a proposal for the listing of a new substance and an eight-week consultation window for any interested parties, allowing greater transparency and input for industry, non-governmental organisations (NGOs) and research bodies into the provision of data on candidate POPs. The POPs Regulation also modifies the obligation on Member States reporting. The annual and triannual reporting to the Commission on progress against the objectives of Regulation (EC) No 850/2004 under Article 12 is replaced by Article 13 of the POPs Regulation, which requires Member States to draw up a report detailing progress against the objectives of the POPs Regulation and to make it publicly available. The Member States are required to give the Commission and ECHA access to the information contained in the reports. Chapter 2 further includes additional information on Union legislation covering soil and contaminated land, which was missing in previous versions of the UIP and CIP. This includes details on the Environmental Liability Directive (2004/35/EC), the Fertilising Products Regulation (EU) 2019/1009 and the thematic strategy for soil protection. Chapter 3 provides an overall assessment of POPs in the Union, regarding their production, use and placing on the market as well as with regard to existing stockpiles and the contamination of waste streams. This chapter is mainly based on reports and implementation plans prepared by the Member States. This includes detailed new sections covering in particular: ·The brominated flame-retardant decabromodiphenyl ether (decaBDE), which was widely used in the Union in plastics and in textiles used within soft-furnishing applications before a REACH restriction on the use of decaBDE came into force in March 2019. In May 2017, the Conference of the Parties to the Stockholm Convention decided to list decaBDE in Annex A. The UIP reports that peak use of decaBDE in the Union was 75,000 tonnes in 2000, with a full phase-out achieved by 2019. Given the lifespan of treated articles, decaBDE can be expected to still impact waste streams for several years to come. ·The perfluorinated surfactant perfluorooctanoic acid (PFOA) its salts and PFOA related-compounds. PFOA is the second per- and poly-fluorinated alkyl substance (PFAS) listed in the annex to the Stockholm Convention after perfluorooctane sulfonic acid (PFOS). PFOA has been used extensively in the Union across a very wide range of applications as a water, oil and stain repellent, and also as an intermediate in the manufacture of fluoropolymers. PFOA was added to the Stockholm Convention in 2019 with a number of exemptions. The management of PFOA and waste contaminated with PFOA represents a significant challenge for the Union over the next decade and beyond. ·The pesticide pentachlorophenol (PCP), which has been previously used as a wood preservative, primarily within industrial settings such as electricity transmission lines, and railway sleepers. PCP, its salts and esters were added to Annex A to the Stockholm Convention in May 2015. Use of PCP within the Union has been restricted since 1991 and was further restricted under REACH in 2008. While no use of PCP for wood treatment has occurred in the Union for many years, the lifespan of treated timbers can be up to 50 years, potentially creating issues for final management of waste wood. ·The pesticide dicofol, which was used as a replacement for DDT for control of mites and other pests for a variety of crops such as fruits, vegetables, ornamentals, cotton and tea. Dicofol was added to the Stockholm Convention in May 2019. Within the Union, use of dicofol decreased from 317 tonnes per annum in 2000 to 32 tonnes per annum in 2009. The use of dicofol was no longer permitted in the Union after 2010. Dicofol was also added to the Directive on Environmental Quality Standards in 2013 (2013/39/EU). Limited legacy issues are expected (beyond sites of former use), though contamination of imported crops may present an area for further control. Chapter 3 also includes updates on the work towards the final phase-out and destruction (or irreversible transformation) of polychlorinated biphenyls (PCBs) used as heat-transfer fluids within di-electric equipment. A survey conducted in 2017 showed that most Member States made substantive progress towards elimination from use of equipment containing PCBs. The POPs Regulation includes the target set under the Stockholm Convention for phase-out of PCBs by 2025. Chapter 3 further details work undertaken to reassess the POPs criteria for highly mobile substances, with the possibility of developing new supplementary criteria to the bioaccumulation criterion. Chapters 4 and 5 provide an in-depth analysis of each individual obligation of the Stockholm Convention affecting the Union’s treatment of POPs. Subsequent to this analysis, the UIP identifies 31 actions to improve implementation of the Union’s obligations under the Stockholm Convention. Chapters 3 and 4 demonstrate that the use of the substances listed in the Stockholm Convention or the POPs Protocol and regulated by the POPs Regulation before 2008 (the old POPs) has been progressively phased-out. Remaining uses of old POPs are only in articles that were produced and placed on the market before the entry into force of the POPs Regulation and as standards for research purposes. Both remaining uses are covered by general exemptions granted in the Stockholm Convention and by the POPs Regulation. The POPs newly listed in the Stockholm Convention or the POPs Protocol between 2009 and 2017 were subsequently added to the POPs Regulation. POPs added to the Stockholm Convention in May 2019 were either already long since phased-out within the Union (dicofol) or subject to further controls under REACH (PFOA, its salts and related-compounds), and were added to the POPs Regulation in 2020. For some POPs, in particular brominated flame-retardants (PBDEs and HBCDD) and perfluorinated chemicals (PFOA, its salts and related-compounds), use had continued until more recently, meaning that waste containing these substances may present a challenge for the Union and Member States for some years to come. Furthermore, waste containing POPs (e.g. obsolete pesticides or contaminated equipment) has been imported into some Member States for the purpose of its disposal and elimination. These imports have been undertaken in accordance with the provisions of the Stockholm Convention and contribute to the overall reduction and sound management of POPs globally. In a few Member States, there are still stockpiles of obsolete pesticides which contain POP substances and for which production, use and placing on the market are now strictly forbidden under the POPs Regulation. Those stockpiles and other waste that consists of or is contaminated by POPs require adequate management to ensure environmentally sound disposal, including the specification and revision of appropriate limit values and waste treatment operations. To that effect, the Commission is currently preparing a proposal for amending Annexes IV and V to the POPs Regulation. The survey of Member States conducted in 2017 for remaining in-use stocks of PCBs within heat-transfer fluids for di-electric equipment highlighted that, against an assumed stock in 1990, less than 10% remained. However, for a small number of Member States, remaining stocks in use were much higher at around 50% of the 1990 baseline. The Stockholm Convention provides for a phase-out of the use of PCBs in equipment by 2025, and requires Parties to ensure environmentally sound waste management of liquids containing PCBs by 2028.