TABLE OF CONTENT

Preface. 3

1............ Introduction. 4

1.1......... Persistent Organic Pollutants (POPs) 4

1.2......... International agreements addressing POPs. 4

1.2.1...... UNECE Protocol on POPs. 4

1.2.2...... Stockholm Convention. 5

1.2.3...... Coordination and cooperation among the Basel, Rotterdam and Stockholm Conventions 7

1.3......... Purpose of the Union Implementation Plan (UIP) on POPs. 8

PART I – Party Baseline. 9

2............ Key Union Legislation and Policies related to EU’s Obligations under the Stockholm Convention and UNECE POP Protocol 9

2.1......... Legislative instruments. 11

2.1.1...... The POP Regulation. 11

2.1.2...... EU chemical legislation. 12

2.1.2.1... REACH.. 12

2.1.2.2... CLP. 14

2.1.2.3... Regulation on Plant Protection Products. 14

2.1.2.4... Biocides Directive. 14

2.1.2.5... Regulation on the export and import of dangerous chemicals. 15

2.1.2.6... PCB Directive (Directive 96/59/EC) 15

2.1.3...... Other environmental legislation with POP relevance. 16

2.1.4...... Legislation covering unintentional POPs. 17

2.1.5...... Legislation on food and feed and on the protection of public health. 19

2.1.6...... Information exchange between Commission and Member States on POPs in food and consumer products 19

2.1.7...... Emission monitoring legislation. 20

2.1.8...... Public access to environmental information. 20

2.2......... Strategies, policies and programmes. 20

2.2.1...... Sustainable development 20

2.2.2...... Environmental Action Plan. 20

2.2.3...... Strategies for control of pesticides and chemical substances. 22

2.2.4...... Environment and Health Action Plan. 22

2.2.5...... Multilateral Environmental Agreements (MEAs) 23

2.2.6...... Monitoring efforts of the EU.. 23

2.3......... Financial instruments. 24

2.3.1...... Funding instruments for the EU.. 24

2.3.2...... Funding for neighbouring and partner countries. 25

2.3.3...... Multilateral programmes funded by the EU.. 25

2.4......... Research and Development 26

2.4.1...... European Research Institutions. 27

2.4.2...... Supporting co-operation, co-ordination and networking. 28

2.4.3...... Future research needs. 28

2.5......... Information Exchange, Public information, awareness and education. 29

3............ Overall Assessment of the POPs issue in the EU.. 29

3.1......... POPs regulated before 2009 (“old POPs”) 30

3.1.1...... Production. 30

3.1.2...... Use and placing on the market 30

3.1.3...... Import and export 30

3.1.4...... Stockpiles and waste. 31

3.2......... POPs regulated from 2009 (“new POPs”) 32

3.2.1...... Endosulfan. 35

3.2.2...... Tetrabromodiphenyl ether and pentabromodiphenyl ether 35

3.2.3...... Hexabromodiphenyl ether and heptabromodiphenyl ether 36

3.2.4...... Perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride. 38

3.2.5...... Pentachlorobenzene (PeCB) 38

3.2.6...... SCCPs – short chain chlorinated paraffins. 39

3.2.7...... HCBD – hexachlorobutadien. 40

3.2.8...... PCN – polychlorinated naphthalenes. 40

3.2.9...... Overall waste related issues for new POPs. 41

3.3......... Unintentional POPs. 42

3.3.1...... Estimation and monitoring of emissions. 42

3.3.2...... Addressing industrial sources. 44

3.3.3...... Addressing domestic sources. 45

3.4......... Information on the state of knowledge on stockpiles and contaminated sites. 45

3.4.1...... PCB contaminated sites and deposits. 46

3.4.2...... HCH contaminated sites and waste deposits. 46

3.4.3...... Other POPs Pesticides. 46

3.4.4...... Contaminated sites from unintentionally formed POPs (PCDD, PCDF, PCB, HCB, PeCB, PAHs) 46

3.4.5...... PBDE contaminated sites. 47

3.4.6...... PFOS contaminated sites. 47

3.5......... Emerging POPs. 48

PART II – Implementation Plan. 49

4............ Policy statement Error! Bookmark not defined.

5............ Implementation of the basic obligations of the Stockholm Convention. 49

5.1......... Elimination of intentional production and use of POPs (Article 3(1)) 49

5.1.1...... POP pesticides, HCB, HBB and PeCB.. 49

5.1.2...... PCBs. 49

5.1.3...... Hexabromodiphenyl ether, heptabromodiphenyl ether, tetrabromodiphenyl ether and pentabromodiphenyl ether 50

5.1.4...... DDT. 53

5.1.5...... Perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride (PFOS) 53

5.2......... Elimination of import and export of POPs (Article 3(2)) 57

5.3......... Prevention of the production and use of new chemicals exhibiting characteristics of POPs (Article 3(3)) 57

5.4......... Assessing and controlling chemicals in use (Article 3(4)) 58

5.5......... General exemptions. 59

5.6......... Reduction of total releases from unintentional production (Article 5) 59

5.7......... Identification and environmentally sound management of stockpiles and wastes. 62

5.7.1...... Disposal and destruction of PBDE containing materials. 64

5.7.2...... Disposal and destruction of PFOS and PFOS precursor containing materials. 66

5.7.3...... Disposal and destruction of POPs Pesticides. 67

5.7.4...... Destruction of PCB and PCB containing materials. 67

5.8......... Identification of contaminated sites (Annex A, B and C Chemicals) and if addressed then remediation in an environmentally sound manner 67

6............ Implementation of the obligations on supporting activities. 68

6.1......... Information exchange. 68

6.2......... Public information, awareness and education. 69

6.3......... Research, development and monitoring. 70

7............ Implementation of other commitments. 72

7.1......... Technical assistance. 72

7.2......... Financial Assistance. 72

7.3......... Reporting. 73

7.4......... Effectiveness evaluation. 74

7.5......... Addition of Future Chemicals to the Stockholm Convention. 75

8............ EU research projects since 2007 with references to POP issues. 77

Preface

This Commission Staff Working Document presents the second European Union Implementation Plan (UIP) on Persistent Organic Pollutants (POPs). The first European Community Implementation Plan (CIP) was developed in 2007 (SEC (2007) 341)[1]. The review and update of the first Implementation Plan has become necessary to address; 1) the inclusion of a number of new POPs into the Stockholm Convention and the UNECE CLRTAP POP Protocol[2]; 2) the technical and legislative progress made in the area as well as; 3) the findings of the Commission Report COM (2010) 514 on the application of the Regulation (EC) 850/2004 on persistent organic pollutants (POP Regulation).

This document was subject to an open consultation with Member States' competent authorities, industry, environmental organisations and the general public. The contributions submitted by the stakeholders were considered for inclusion in the final version of the second UIP.

The final second UIP on POPs will be submitted to the Secretariat of the Stockholm Convention, of which the European Union is a party.

Introduction

1.1. 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.

1.2. International agreements addressing POPs

1.2.1. UNECE Protocol on POPs[3]

The Executive Body to the UNECE Convention on Long-Range Trans-boundary Air Pollution (CLRTAP) adopted the UNECE Protocol on POPs on 24 June 1998 in Aarhus, Denmark. The UNECE Protocol on POPs focuses currently on a list of 16 substances comprising eleven pesticides, two industrial chemicals and three unintentional by-products. The ultimate objective is to eliminate any discharges, emissions and losses of these POP substances.

The UNECE Protocol on POPs bans the production and use of some products outright (aldrin, chlordane, chlordecone, dieldrin, endrin, hexabromobiphenyl, mirex and toxaphene). Others are scheduled for elimination at a later stage (dichloro-diphenyl-trichloroethane (DDT), heptachlor, hexachlorobenzene (HCB) and polychlorinated biphenyls (PCBs)). In addition, the UNECE Protocol on POPs severely also restricts the use of hexachlorocyclohexane (HCH) (including lindane). The Protocol also includes provisions for dealing with the wastes of products that will be banned and it obliges Parties to reduce their emissions of dioxins, furans, polycyclic aromatic hydrocarbons (PAHs) and HCB below their levels in 1990 (or an alternative year between 1985 and 1995). For the incineration of municipal, hazardous and medical waste, it lays down specific emission limit values.

On 18 December 2009, Parties to the Protocol on POPs adopted decisions 2009/1, 2009/2 and 2009/3 to amend the Protocol to include seven new substances: hexachlorobutadiene, octabromodiphenyl ether, pentachlorobenzene, pentabromodiphenyl ether, perfluorooctane sulfonic acid (PFOS), its salts and other derivatives, polychlorinated naphthalenes and short-chain chlorinated paraffins. Furthermore, the Parties revised obligations for DDT, heptachlor, HCB and PCBs as well as certain emission limit values (ELVs) from waste incineration, sinter plants and electric arc furnaces for secondary steel production. Parallel to this, with a view to facilitating the Protocol’s ratification by countries with economies in transition, the Parties introduced flexibility for these countries regarding the time frames for the application of ELVs and best available technologies (BAT). Finally, the Parties adopted decision 2009/4 to update guidance on BAT to control emissions of POPs in annex V and turn parts of it into a guidance document (ECE/EB.AIR/2009/14[4]). These amendments have not yet entered into force.

1.2.2. Stockholm Convention[5]

The Stockholm Convention on POPs was adopted in 2001 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 and 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 Convention, which lays down the rules for including additional chemicals in the Stockholm Convention.

The Annexes A, B and C to the Convention were amended in 2009 to include nine new POPs. The amendments entered into force on 26 August 2010 and add the following chemicals to Annexes A, B and/or C of the Convention: alpha hexachlorocyclohexane; beta hexachloro­cyclohexane; chlordecone; hexabromobiphenyl; hexabromodiphenyl ether and heptabromo­diphenyl ether (commercial octabromodiphenyl ether); lindane; pentachloro­benzene; PFOS, its salts and perfluorooactane sulfonyl fluoride (PFOSF); and tetrabromo­diphenyl ether and pentabromodiphenyl ether (commercial pentabromodiphenyl ether).

The Annex A to the Convention was further amended in 2011 to include the pesticide endosulfan, making a total of 22 substances regulated under the Convention. This amendment entered into force on 27 October 2012.

The 18 chemicals currently listed in Annex A of the Stockholm Convention 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. This is also the case for PFOS, its salts and PFOSF that have been added as part of the 2009 amendments.

The generic exemptions allow laboratory-scale research, use as a reference standard and unintentional trace contaminants in products 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 and HCB) are subject to continuous minimisation with the ultimate objective of total elimination, where feasible. According to Annex C, Parties shall 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 of 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 shall 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 Trans-boundary Movements of Hazardous Wastes and their Disposal, are to be taken into account.

In addition to control measures, the Stockholm Convention includes several general obligations. Each Party is obliged to develop and endeavour to implement a National Implementation Plan, facilitate or undertake the exchange of information and promote and facilitate awareness and public access to information on POPs. The Parties shall also encourage or undertake appropriate research, development, monitoring and co-operation pertaining to POPs, and where relevant, to their alternatives and to candidate POPs. They shall also regularly report to the Conference of the Parties on the measures taken to implement the provisions of the Stockholm Convention.

The Stockholm Convention recognises the particular needs of developing countries and countries with economies in transition and therefore specific provisions on technical assistance and on financial resources and mechanisms are included in the general obligations.

(1) Table 1 Overview on POPs regulated at international level; the new POPs under the Stockholm Convention are highlighted in grey

Substance || CAS || Listed in Stock­holm Convention || Listed in the UNECE Protocol on POPs || EU POP regulation

Intentionally produced POPs

Aldrin || 309-00-2 || Annex A || yes || Aldrin

Chlordane || 57-74-9 || Annex A || yes || Chlordane

Chlordecone || 143-50-0 || Annex A || yes || Chlordecone

Dieldrin || 60-57-1 || Annex A || yes || Dieldrin

Endosulfan || 959-98-8 33213-65-9 115-29-7 1031-07-8 || Annex A || - || -

Endrin || 72-20-8 || Annex A || yes || Endrin

Heptachlor || 76-44-8 || Annex A || yes || Heptachlor

Hexabromobiphenyl (HBB) || 36355-01-8 || Annex A || yes || Hexabromobiphenyl

Hexabromodiphenyl ether and heptabromodiphenyl ether || 68631-49-2 207122-15-4 446255-22-7 207122-16-5 and others || Annex A || yes || Hexabromodiphenyl ether

Heptabromodiphenyl ether

Hexachlorobenzene (HCB) || 118-74-1 || Annex A || yes || Hexachlorobenzene

Alpha hexachlorocyclo­hexane* || 319-84-6 || Annex A || yes: Hexachlorocyclohexanes (HCH; CAS: 608-73-1[6]), including lindane (CAS: 58-89-9) || Hexachlorocyclohexanes, including lindane

Beta hexachlorocyclo­hexane* || 319-85-7 || Annex A

Lindane* || 58-89-9 || Annex A

Mirex || 2385-85-5 || Annex A || yes || Mirex

Pentachlorobenzene || 608-93-5 || Annex A || yes || Pentachlorobenzene

Polychlorinated biphenyls (PCB) || all PCBs and their mix­tures have different CAS numbers || Annex A || yes || Polychlorinated Biphenyls (PCB)

Tetrabromodiphenyl ether and pentabromodiphenyl ether || 5436-43-1 60348-60-9 and others || Annex A || yes || Tetrabromodiphenyl ether

Pentabromodiphenyl ether

Toxaphene || 8001-35-2 || Annex A || yes || Toxaphene

DDT || 50-29-3 || Annex B || yes || DDT (1,1,1-trichloro-2,2-bis(4-chloro-phenyl)ethane)

Perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride (PFOS) || 1763-23-1 s, 307-35-7, and others || Annex B || yes || Perfluorooctane sulfonic acid and its derivates (PFOS)

SCCPs – short chain chlorinated paraffins || 85535-84-8 || under review || yes || -

HCBD – hexachlorobutadien || 87-68-3 || under review || yes || -

PCN –polychlorinated naphthalenes || all PCNs & their mixtures have different CAS numbers || under review || yes || -

Unintentionally produced POPs

Polychlorinated dibenzo-p-dioxins (PCDD) || 1746-01-6 || Annex C || yes || Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)

Polychlorinated dibenzofurans (PCDF) || 1746-01-6 || Annex C || yes

Hexachlorobenzene (HCB) || 118-74-1 || Annex C || yes || Hexachlorobenzene (HCB)

Pentachlorobenzene || 608-93-5 || Annex C || yes || Pentachlorobenzene

Polychlorinated Biphenyls (PCBs) || all PCBs & their mix­tures have different CAS numbers || Annex C || yes || Polychlorinated biphenyls (PCB)

Polycyclic aromatic hydrocarbons (PAHs) || 207-08-9 and others || no || yes || Polycyclic aromatic hydrocarbons

* 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 POP Protocol and the EU POP regulation.

1.2.3. Coordination and cooperation among the Basel, Rotterdam and Stockholm Conventions

The Basel, Rotterdam and Stockholm Conventions are multilateral environmental agreements, which share the common objective of protecting human health and the environment from hazardous chemicals and wastes. These agreements can assist countries to manage chemicals at different stages of their life-cycle.

Recognizing the potential for synergistic work under the three conventions at the national, regional and global levels, the international community has worked over the past years on enhancing cooperation and coordination among the Basel, Rotterdam and Stockholm Convention. These efforts culminated in the adoption of recommendations on enhancing cooperation and coordination among the three conventions by the three Conferences of the Parties held in 2008 and 2009, and the holding of simultaneous extraordinary meetings of the Conferences of the Parties to the Basel, Rotterdam and Stockholm Conventions in Bali, Indonesia in February 2010.

The first outcome of this process is the appointment of a single executive secretary for the three conventions; restructuring of the secretariats in a manner that strengthens organizational synergies while respecting the legal autonomy of each convention.

1.3. Purpose of the Union Implementation Plan (UIP) on POPs

The Stockholm Convention lays down an obligation to all Parties, to develop and endeavour to implement a plan for the implementation of its obligations under the Stockholm Convention. For the Union, this obligation is also transferred to the Article 8 of Regulation (EC) No 850/2004 on Persistent Organic Pollutants. The Union has in 2007 therefore developed an Implementation Plan on POPs, which also covers the substances that fall under the UNECE Protocol on POPs[7].

The overall purpose of the UIP is not only to fulfill legal obligations, but also to take stock of actions taken and 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 level measures related to POPs;

· assess their efficiency and sufficiency in meeting the obligations of the Stockholm Convention;

· identify needs for further Union level 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.

PART I – Party Baseline

This section presents the Union’s baseline with regard to POP substances regulated under the Stockholm Convention and the POP Protocol. As such it includes at first an overview on the key EU legislation related to the implementation of obligations in the mentioned international frameworks as well as related EU strategies and programmes, followed by a description of existing financial instruments to support the implementation as well as research activities. In order to get a full picture of the status quo of the implementation, a description will be provided on what efforts are currently being undertaken by the Union to raise awareness and enhance communication. Furthermore, an overall assessment of POPs regarding their production, their use, their placing on the market as well as with regard to existing stockpiles and the contamination of the waste stream will be described.

This Part I ‘Party Baseline’ presents the basic information on the EU situation and will be followed by an in-depth analysis in Part II regarding each single obligation of the Stockholm Convention. This analysis is followed by the identification of actions to improve the implementation.

2. Key Union Legislation and Policies related to EU’s Obligations under the Stockholm Convention and UNECE POP Protocol

The EU has implemented a number of legislative measures that are related to POPs. The following figure gives an overview of the main chemical and environmental legislation relating to POPs and to which stage of the lifecycle it refers to. Details on the legislation related to POPs are described in the following sub-sections.

.

Figure 1: Overview on the main chemical and environmental legislation related to POPs

NB Directive 2000/76/EC on the inciniratio of waste was replaced by Industrial Emissions Directive on 7th of January 2014.

2.1 Legislative instruments

2.1.1 The POP Regulation

The main legal instrument for implementing the Stockholm Convention and the UNECE Protocol on POPs is the Regulation (EC) No 850/2004 on persistent organic pollutants (POPs) (hereafter called the “POP Regulation”). This Regulation entered into force on 20 May 2004 and as a regulation it is directly applicable in all Member States, including those which are not yet Parties to the Stockholm Convention or the UNECE POP Protocol.

The POP Regulation contains provisions regarding production, placing on the market and use of chemicals, management of stockpiles and wastes and measures to reduce unintentional releases of POPs[8]. General and specific exemptions to these prohibitions are limited to a minimum. Furthermore, the POP Regulation contains provisions requiring the setting up of emission inventories for unintentionally produced POPs, national and European Union implementation plans and monitoring and information exchange mechanisms. To a certain extent the POP Regulation goes further than the international agreements emphasising the aim to eliminate the production and use of the internationally recognised POPs.

The POP regulation has been amended seven times. The concentration limits in Annex IV and V were established by Regulation (EC) No 1195/2006[9] and 172/2007[10], respectively. Annex V was further amended by Regulation (EC) No 323/2007[11] in order to allow pre-treatment operations prior to the permanent storage of wastes containing POPs. Regulation (EC) No 219/2009[12] empowered the Commission to establish some concentration limits in the annexes, to amend annexes whenever a substance is listed in the Convention or the Protocol, to modify the existing entries and to adapt annexes to scientific and technical progress. The decision of the Conference of the Parties to the Basel Convention on the updated general technical guidelines for the environmentally sound management of waste consisting of, containing or contaminated with POPs was taken up by Regulation (EC) No 304/2009 amending Annexes IV and V as regards the treatment of waste containing POPs in thermal and metallurgical production processes[13] The decisions of the fourth meeting of the Conference of the Parties (COP4) to the Stockholm Convention on 4–8 May 2009 to list new substances were taken up by the Regulation (EU) No 757/2010[14] amending Annexes I and III and by the Regulation (EU) No 756/2010 of 24 August 2010 amending Annexes IV and V[15].

The Commission adopted further amendments to Annexes IV and V[16] to set the missing concentration limit values (the so-called lower and upper POP content) for PFOS and PBDEs, as wel las amendments toAnnexes I, IV and V to take into account the decisions of the fifth meeting of the Conference of the Parties (COP5) to the Stockholm Convention to list Endosulfan and of the 27th Session of the CLRTAP Executive Body to list hexachlorobutadiene (HCB), poly­chlorinated naphthalenes (PCN) and short chain chlorinated paraffins (SCCP).

Concerning management of stockpiles, the Regulation provides that all remaining stockpiles for which no use is permitted shall be managed as waste. Stockpiles greater than 50 kg meant for permitted uses shall be notified to the competent authority and managed in a safe, efficient and environmentally sound manner. Holder of a stockpile consisting of or containing any POPs for which no use is permitted shall manage that stockpile as waste generally in such a way that the POP content is destroyed or irreversibly transformed.

With regard to wastes, producers and holders of waste are obliged to undertake measures to avoid contamination of waste with POP substances. Waste with POPs content higher than the above mentioned lower POP limits must generally be disposed of or recovered in such a way that the POP content is destroyed or irreversibly transformed. By way of derogation, wastes containing POPs below the limit values indicated in Annex V may be otherwise dealt with in accordance with a method listed in Annex V, part 2, subject to the conditions outlined in Article 7.4 (b).[17].

2.1.2 EU chemical legislation

Other chemical legislation complements the POP Regulation in implementing the obligations of the Stockholm Convention and the POP Protocol. As Table 2 shows, the other chemical legislation particularly ensures that POPs are imported and exported only for allowed uses and in conformity with the prior informed consent procedure under the Rotterdam Convention, ensures that POPs are collected and irreversibly destroyed and prevents that the chemicals exhibiting POP characteristics are produced or marketed.

Table 2 EU chemicals legislation relevant for POPs

Acronym || Legal reference || POPs regulated / POP reference || Areas of regulation

REACH || Regulation 1907/2006 || Testing on PBT (persistent, bioaccumulative and toxic) criteria according to Annex XIII || Production, placing on the market & use

CLP || Regulation 1272/2008 || Inventory of classification and labelling of hazardous substances. || Classification, Labelling, Packaging

Plant Protection Product Regulation || Regulation (EC) No 1107/2009 || Active substance, safener or synergist shall only be approved where it is not considered to be a persis­tent organic pollutant (POP) resp. PBT substance. Active substances meeting two of the PBT criteria shall be candidates for substitution || Placing on the market & use

Biocidal Products Regulation || Regulation (EC) 528/2012 || Active substances meeting two of the PBT criteria shall be candidates for substitution || Placing on the market & use

Export and import of dangerous chemicals || Regulation 689/2008, repealed with effect from 1 March 2014 by Regulation 649/2012 || POPs as listed in Annexes A and B of the Stockholm Convention are subject to export ban || Export and import of dangerous chemicals

PCB Directive || Directive 96/59/EC || Disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) || Disposal

2.1.2.1 REACH

Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) inter alia provides provisions to ensure that industrial chemicals having POP characteristics are identified and prevented from being produced or imported in the EU.

REACH requires EU companies which manufacture or import chemical substances in quantities of one tonne or more per year to register these substances and ensure that they can be used safely. This information is submitted in the form of registration dossiers to the European Chemicals Agency (ECHA)[18]. The submission contains a technical dossier and, for substances manufactured or imported in quantities of 10 tonnes per annum (tonnes p.a.) or above, a Chemical Safety Report. The chemical safety assessment has to cover:

(a) human health hazard assessment;

(b) physicochemical hazard assessment;

(c) environmental hazard assessment;

(d) persistent, bioaccumulative and toxic (PBT) and very persistent and very bioaccumulative (vPvB) assessment.

For hazardous substances (such as those assessed to be a PBT or vPvB), an exposure assessment and risk characterisation must be included in the Chemical Safety Report. For some of the substances identified as PBT or vPvB, an authorisation from the Commission is required for particular uses. This is the case when a substance meeting the substances of very high concern (SVHC) criteria[19] is included in Annex XIV of the Regulation and will then become banned once the set sunset date has passed unless an authorization is granted. Only specific uses for which a request for authorization has been made following specific requirements with regard to the assessment of the substance can be allowed. Prior to inclusion into Annex XIV the selected substances are part of the so-called Candidate List which in itself already implies a number of obligations such as e.g. the obligation to deliver information on the content of a substance in an article.

REACH further includes the possibility to restrict the use, placing on the market or production of substances by listing them in Annex XVII of REACH. This is another legal instrument that can be used to prevent production and use of substances having POP characteristics.

With the above described measures REACH gives greater responsibility to industry to manage the risks from chemicals and to provide safety information on the substances. This information has to be passed down the chain of production. The REACH Regulation also aims to increase the knowledge of the chemicals properties and of the exposure through the required provision of specific documentation and to improve the risk management of chemicals.

2.1.2.2. CLP

The CLP Regulation (EC) No. 1272/2008 is the European Regulation[20] on Classification, Labelling and Packaging of chemical substances and mixtures. The legislation introduces throughout the EU a system for classifying and labelling chemicals, based on the United Nations’ Globally Harmonised System (UN GHS). CLP is about the hazards of chemical substances and mixtures and how to inform others about them. The CLP does not contain a specific hazard class for PBT and vPvB substances, however article 53(2) call for the promotion at the UN level for the harmonisation of the criteria for classification and labelling of PBT and vPvB substances. However, the classification and labelling inventory[21] set up by the CLP Regulation make available relevant information that can be used to identify new potential POP candidates and also provides classification and labelling on several POPs.

2.1.2.3. Regulation on Plant Protection Products

Regulation (EC) No 1107/2009[22] concerning the placing of plant protection products on the market (PPP Regulation) prevents chemicals exhibiting POP characteristics from being used in plant protection products. This is achieved by the provisions according to which an active substance, safener or synergist shall only be approved for use in plant protection products where it is not considered to be a POP or if it is not considered to be a persistent, bioaccumulative and toxic (PBT) substance or a very persistent and very bioaccumalative substance (vPvB). In addition, a substance shall be approved as a candidate for substitution if it meets two of the PBT criteria.

2.1.2.4. Biocides Products Regulation

The previous legislation, Directive 98/8/EC on biocidal products, did not contain specific provisions for POP nor for PBT/vPvB substances. However, on 12 June 2009, the European Commission adopted a proposal for a Regulation concerning the placing on the market and use of biocidal products (COM (2009) 267[23]) to replace Directive 98/8/EC. The regulation (EU) 528/2012 entered into force on 1 January 2013.

The regulation aims to promote substitution of substances exhibiting POP or PBT characteristics in biocidal products for less hazardous ones and allows the use of POP or PBT substances in biocidal products only if there are no alternatives available. This is achieved by the provision that an active substance that meets two of the PBT criteria as set out in Annex XIII of the REACH Regulation shall be considered a candidate for substitution and shall be identified as such in Annex I of the new Biocide Regulation. The inclusion of an active substance in Annex I that is considered as a candidate for substitution shall be renewed for a period not exceeding ten years. As part of the evaluation of an application for an authorisation (or a renewal of an authorisation) of a biocidal product containing an active substance that is a candidate for substitution, the Competent authority shall perform a comparative assessment to evaluate whether there are other authorised biocidal products (or non-chemical control or prevention methods) which present significantly lower risk for human or animal health or the environment.

2.1.2.5. Regulation on the export and import of dangerous chemicals

2.1.2.6. The export of POP substances or articles containing POPs is regulated by Regulation (EU) No 649/2012 concerning the export and import of hazardous chemicals. This Regulation implements the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and pesticides in International Trade and provides for an export ban of POP substances listed in Annex A and B of the Stockholm Convention and in Regulation (EC) No 850/2004. The decisions of the fourth meeting of the Conference of the Parties (COP4) to the Stockholm Convention held on 4–8 May 2009 to list new substances were implemented by Regulation (EU) No 214/2011 and currently the export of all substances listed in Annexes A and B of the Stockholm Convention except PFOS is banned. The fifth Conference of the Parties to the Stockholm Convention (April 2011) decided to list endosulfan in Annex A. That decision was implemented in the European Union by Regulation (EU) No 73/2013, which adds endosulfan to the list of chemicals that are banned for export. The export of PFOS is currently still possible, but only on condition that the importing country consents to the import of that chemical. PCB Directive (Directive 96/59/EC)

Articles containing PCBs already in use are covered by specific provisions laid down in Directive 96/59/EC. The directive aims for the approximation of the laws of the Member States on the controlled disposal of PCBs, the decontamination or disposal of equipment containing PCBs and/or the disposal of used PCBs in order to eliminate them completely. According to the Directive, Member States had to take the necessary measures to ensure that used PCBs are disposed of and that PCBs and equipment containing PCBs are decontaminated or disposed of in an appropriate manner.

Member States were obliged to compile inventories of equipment with PCB volumes of more than 5 dm³. These inventories were to be sent to the Commission by September 1999 at the latest. The equipment and PCBs contained in the inventories had to be decontaminated or disposed of by 2010 at the latest. The inventories must supply the following data:

· the names and addresses of the holders;

· the location and description of the equipment;

· the quantity of PCBs contained in the equipment;

· the date and type of treatment planned;

· the date of the declaration.

Moreover, the Directive stipulates that any equipment which is subject to inventory must be labelled. Member States must prohibit the separation of PCBs from other substances for the purpose of reusing the PCBs and the topping-up of transformers with PCBs.

Concerning the appropriate waste management, Member States had to take the necessary measures to ensure that:

· PCBs, used PCBs and equipment containing PCBs which is subject to inventory are transferred to licensed undertakings, at the same time ensuring that all necessary precautions are taken to avoid the risk of fire;

· any incineration of PCBs or used PCBs on ships is prohibited;

· all undertakings engaged in the decontamination and/or the disposal of PCBs, used PCBs and/or equipment containing PCBs obtain permits;

· transformers containing more than 0.05% by weight of PCBs are decontaminated under the conditions specified by the Directive.

In accordance with the committee procedure referred to in Directive 75/442/EEC[24], the Commission:

· had to fix the reference methods of measurement to determine the PCB content of contaminated materials[25];

· could fix technical standards for the other methods of disposing of PCBs;

· had to make available a list of the production names of capacitors, resistors and induction coils containing PCBs[26];

· had to determine, if necessary, other less hazardous substitutes for PCBs.

Within three years following the adoption of Directive 96/59/EC, Member States had to draw up plans for the decontamination and/or disposal of inventoried equipment and the PCBs contained therein and plans for the collection and subsequent disposal of equipment not subject to inventory.

2.1.3. Other environmental legislation with POP relevance

In addition to the chemical legislation, environmental legislation especially those targeting water, waste and products also cover POP-related issues. Table 3 summarizes the most relevant legislation with POP relevance and indicates which POPs are regulated. The legislation is presented in more details in Part II if further measures for the implementation may be necessary.

In comparison with the first Implementation Plan, 3 new legislative acts have been adopted: Directive 2008/98/EC on Waste (Waste Framework Directive), Regulation (EC) No 66/2010 on the EU Ecolabel and Directive 2006/11/EC on pollution caused by certain dangerous substances discharged into the aquatic environment.

Table 3 Further environmental legislative instruments with relevance on the use and disposal of POPs.

Acronym || Legal reference || POPs regulated / POP reference || Areas of regulation

EU Ecolabel || Regulation (EC) No 66/2010 || Criteria of product categories laid down in Commission decisions may cover POPs e.g. in textile floor covering for trace contamination with POP pesticides[27] A product cannot obtain an ecolabel if it contains a PBT/vPvB substance. || Different product categories, see: [28]

RoHS Directive || Directive 2011/65/EU (recast of 2002/95/EC) || Ban of PBDE and other hazardous substances in electrical and electronic equipment. || Production and import of electrical and electronic products

Waste Framework Directive || Directive 2008/98/EC || The classification of waste as hazardous waste should be based, inter alia, on the Union legislation on chemicals, in particular concerning the classification of preparations as hazardous, including concentration limit values used for that purpose.[29] || Waste

Waste Incineration Directive || Directive 2000/76/EC,repealed and replaced by IED 2010/75/EU from 7 January 2014 || Emission limit values for air, discharges of waste water for dioxins and furans . || Waste

Directive 76/464/EEC has been codified as 2006/11/EC || Directive 2006/11/EC || Pollution through the discharge of the various dangerous substances within List I into the aquatic environment must be eliminated. List I contains certain individual substances selected mainly on the basis of their toxicity, persistence and bioaccumulation. || Pollution caused by certain dangerous substances discharged into the aquatic environment

Landfill Directive || Directive 1999/31/EC || Hazardous waste for landfills needs a prior treatment. || Waste

WEEE Directive || Directive 2002/96/EC, repealed with effect from 15 February 2014 by Directive 2012/19/EU || Provisions on waste containing hazardous substances, e.g. PCB (PCBs/PCTs containing capacitors), mandatory segregation of PCB-containing components. || Treatment of waste of electrical and electronic equipment

ELV Directive || Directive 2000/53/EC || Due to the segregation of hazardous components from the vehicle, the releases of unintentional POPs from shredder plants are decreased. || Collection, treatment, recycling and disposal of end-of-life vehicles.

Water Framework Directive || Directive 2000/60/EC || Persistent hydrocarbons and persistent and bioaccu­mulable organic toxic substances indicated as main pollutants under Annex VIII. Several POPs included in Annex X (list of Priority Substances (PS), for which Environmental Quality Standards are set and there is a monitoring and reporting obligation; most of the POPS in the PS list are also Priority Hazardous Substances, for which there is an objective to phase out discharges, emissions and losses.. || Protection of inland surface waters, transitional waters, coastal waters and groundwater

Drinking Water Directive || Council Directive 98/83/EC || Standards for the most common substances (so-called parameters), among them polycyclic aromatic hydrocarbons, and. pesticides (aldrin, dieldrin, heptachlor and heptachlor epoxide). || Quality of water intended for human consumption

Marine Strategy Framework Directive || Directive 2008/56/EC || Synthetic compounds identified as priority substances under directive 2000/60/EC which are relevant for the marine environment. || Protection of marine waters under the sovereignty and jurisdiction of Member States

SEVESO I/II / III Directive || Directive 96/82/EC to be repealed with effect from 1 June 2015 and replaced by Seveso III Directive 2012/18/EU (adopted on 4 July 2012 and entered into force on 13th August 2012) || Pollution from industrial accidents. || Prevention, Preparedness and Response to chemical accidents

2.1.4. Legislation covering unintentional POPs

An overview of legislation covering the releases of unintentionally produced POPs is given in Table 4. The most important is Directive 2010/75/EU on industrial emissions (IED)[30] which will replace Directive 2008/1/EC concerning integrated pollution prevention and control (IPPC Directive) and Directive 2000/76/EC on Waste Incineration from 7 January 2014 on.

The IED was adopted on 24 November 2010 and entered into force on 6 January 2011. It had to be transposed into national legislation by Member States by 7 January 2013.

The purpose of the IPPC Directive/IED is to ensure a high level of protection of the environment taken as a whole. Industrial installations operating activities covered by Annex I of the Directives are required to obtain an environmental permit from the authorities in the EU Member States. Emissions of all relevant polluting substances (including POPs), which are likely to be emitted in significant quantities, have to be regulated in the permit. The conditions set out in this permit, in particular the emission limits, have to be based on the applciation of the Best Available Techniques (BAT). The whole environmental performance of the installation is taken into account, covering e.g. emissions to air, water and land, generation of waste, use of raw materials, energy efficiency, noise, prevention of accidents, and restoration of the site upon closure.

The definition of BAT in the IPPC Directive/IED generally corresponds with the one of the Stockholm Convention. In order to identify BAT, the Commission organised an information exchange, where BAT is described and defined for the different industrial sectors in so-called Best Available Techniques REFerence Documents (BREFs). Where relevant, also for POPs, BAT Associated Emission Levels (BAT-AELs) are developed. Under the IED, the BAT conclusions and the BAT-AELs set out therein are to be used directly in setting permit condistions and emission limit values for permits.

Table 4 Legislation covering unintentional POPs

Acronym || Legal reference || POPs regulated / POP reference

IPPC / IED || Directive 2008/1/EC (IPPC), merged in Directive 2010/75/EU (IED) || Polychlorinated dibenzodioxins and polychlorinated dibenzofurans among the main air pollutants to be considered in permitting and persistent hydrocarbons and persistent and bioaccumulable organic toxic substances among the main water pollutants. First series of Commission Implementing Decisions establishing BAT conclusions for the different industrial sectors have been adopted under IED (more to follow over the coming years).

Waste Incineration Directive || Directive 2000/76/EC, to be repealed and replaced by IED from 7 January 2014 || Emission limit values for air, discharges of waste water for dioxins and furans.

Ambient air quality || Directive 2004/107/EC || Limit values for benzo[a]pyrene as a marker for PAH in ambient air.

Water Framework Directive || Directive 2000/60/EC || PAHs, hexachlorobenzene, hexachlorobutadiene, pentachlorobenzene are included in Annex X as PHS, i.e.Environmental Quality Standards are set and there is an objective to phase out discharges, emissions and losses.

POPs Regulation || Regulation (EC) No 850/2004 || measures to reduce unintentional releases of POPs. Set up of emission inventories for unintentionally produced POPs.

2.1.5. Legislation on food and feed and on the protection of public health

Regulations (EC) No 1881/2006 and 396/2005 and Directive 2002/32/EC set maximum residues levels for POP substances in food and feed. Regulation (EC) No 1883/2006 sets minimum requirements on methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in certain foodstuffs and Regulation (EC) 152/2009 sets minimum requirements on methods of sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in feed. (see Table 5) In comparison with the situation when the first Implementation Plan was drafted, there are substantial changes in the EU food and feed legislation: These changes relate to the conversion of the maximum levels in feed and food for dioxins and dioxin-like PCBs, previously expressed in Toxic Equivalent Factors (TEF) 1998, into maximum levels expressed in TEF 2005. Furthermore maximum levels for non dioxin like PCBs (the so called indicator PCBs) have been established in feed and food. Furthermore the analytical requirements, in particular for the bio-analytical methodologies have been updated.

Table 5 Food & Feed related legislation with relevance to POPs

Acronym || Legal reference || POPs regulated / POP reference

Maximum levels for certain contaminants in foodstuffs || Regulation (EC) No 1881/2006 || - Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) and dioxin-like PCBs and non-dioxin-like PCBs (indicator PCBs) - benzo(a)pyrene and the sum of of benzo(a)pyrene, benz(a)anthracene, benzo(b)fluoranthene and chrysene as a marker of carcinogenic PAH in certain foodstuffs

|| Regulation (EC) No 1883/2006[31] shall be repealed by Regulation (EU) No 252/2012[32] || Methods of sampling and analysis for the control of levels of dioxins and dioxin-like PCBs in food for regulatory purposes

Pesticide Residues in Food || Regulation (EC) No 396/2005 || Setting Maximum Residue Levels for POP Pesticides in food products

Undesirable substances in animal feed || Directive 2002/32/EC || Aldrin, Dieldrin, Camphechlor (toxaphene), Chlordane, DDT, Endosulfan, Endrin, Heptachlor, Hexachlorobenzene (HCB), Hexachlorocyclohexane (HCH, incl. Lindane), Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) and polychlorinated biphenyls (PCBs)..

|| Regulation (EC) 152/2009[33] || Methods of sampling and analysis for checking the levels of dioxins and dioxin-like PCBs in feed for regulatory purposes

2.1.6. Information exchange between Commission and Member States on POPs in food and consumer products

The information exchange among the Member States authorities and the Commission on the presence of POPs in food and consumer products is ensured by the rapid alert systems. There are currently two EU rapid alert systems and both are publicly available. The legal basis for their establishment provides Regulation EC/178/2002, Directive 2001/95/EC and Regulation 765/2008.

The Rapid Alert System for Food and Feed (RASFF)[34]: was put in place to provide food and feed control authorities with an effective tool to exchange information about measures taken responding to serious risks detected in relation to food or feed. This exchange of information helps Member States to act more rapidly and in a coordinated manner in response to a health threat caused by food or feed. Notifications cover e.g. the contamination of food and feed with dioxins and dioxin-like PCBs or with polycyclic aromatic hydrocarbons.

The Rapid Alert System for non-food dangerous Products (RAPEX)[35]: RAPEX facilitates the rapid exchange of information between Member States and the Commission on measures taken to prevent or restrict the marketing or use of products (non-feed/non-food) posing a serious risk to the health and safety of consumers. Measures ordered by national authorities and measures taken voluntarily by producers and distributors are reported by RAPEX.

2.1.7. Emission monitoring legislation

The European Pollutant Release and Transfer Register (PRTR) Regulation[36] aims to enhance public access to environmental information. The E-PRTR replaced the European Pollutant Emission Register (EPER) in 2007 and includes additional source categories (e.g. diffuse sources), additional pollutants and stricter threshold levels for a number of pollutants (including POPs) (see also sections 3.3.1 on emission monitoring and 2.2.6 on monitoring efforts of the EU).

2.1.1. Public access to environmental information

The Directive 2003/4/EC on public access to environmental information[37] guarantees the right of access to environmental information held by or for public authorities. This right is for any applicant (private individuals, organisations etc.) and has to be granted without any justification. With regards to emissions, no request can be refused. Thus, this directive is a powerful instrument to gather emission data, also on POPs and can be used supplementary to the above mentioned on E-PRTR.

2.2. Strategies, policies and programmes

2.2.1. Sustainable development

In 2001, the European Union adopted the EU Sustainable Development Strategy (EU SDS) to provide a long-term vision combining economic dynamism, social cohesion and high environmental standards.[38] In 2009, the European Commission communication COM (2009) 400 final[39] reviewed the EU SDS to respond to the most recent economic and financial crisis from the perspective of a long-term sustainable development with the goal to further mainstream the EU SDS into the European policy fields. From the seven key challenges proposed, two contain POPs related issues though they are not explicitly mentioned, i.e. sustainable consumption and production as well as Public health.

The review reaffirms the position of the European Council about sustainable development as a fundamental EU objective under the Treaty of Lisbon. This follow-up of the Lisbon Strategy was adopted in June 2010 by the heads and governments of the EU.

2.2.2. Environmental Action Plan

The Union’s principal strategy for environmental policy is the Environmental Action Plan (EAP) covering this UIP. The sixth Environment Action Plan (6th EAP), was active during the 2002-2012 period, and sets out the framework for environmental policy-making, promotes full integration of environmental protection requirements in the Union for sustainable development, and establishes strategic approaches to meet the environmental goals and objectives. One of the 6th EAP priority areas is ‘Environment and health’ which aimed to reduce the hazards of environmental pollutants such as pesticides, endocrine disruptors, dioxins and PCBs in Europe and seeked for a high level of quality of life and well-being for citizens, aspirating to reduce harmful effects on human health and the environment. The priority areas can be found at: http://ec.europa.eu/environment/newprg/intro.htm.

Additionally, some thematic strategies were introduced in 2005 to improve environmental regulation and are of relevance to work on the elimination of POPs, like the Sustainable Use of Pesticides, Air Pollution, Urban Environment and Sustainable Use and Management of Resources. The thematic strategies of the 6th EAP are published at: http://ec.europa.eu/environment/newprg/strategies_en.htm.

In June 2013, political agreement was reached on a new Environment Action Program (EAP). The new or ‘7th EAP’ sets out the priority objectives for EU environment policy to 2020, set out in an ambitious longer-term vision for an inclusive, green and competitive European economy that safeguards the environment. The agreement will guide and drive actions in advancing resource efficiency, the green economy and the environmental agenda generally in the period to 2020 and beyond.

The 7th Environment Action Program: ‘Living well, within the limits of our planet’, builds on the achievements of previous programs which have been a key vehicle for advancing environmental improvements in the European Union. Agreement was reached with the European Parliament on a program to transition Europe towards a resource-efficient, low-carbon and environmentally-friendly economy in which natural capital is protected and enhanced, and citizens’ health and well-being are safeguarded.

The Program sets out a framework to support the achievement of nine priority objectives** through development and better implementation of EU environment law, state of the art science, securing the necessary investments in support of environment and climate change policy, and improving the way that environmental concerns and requirements are reflected in other policies. The Program aims to boost efforts to help EU cities become more sustainable, and improve the EU's capacity to meet regional and global environment and climate challenges.

The Program gives citizens, businesses and policymakers the long-term view needed to make the transition to a sustainable, low-carbon society in Europe.

The main highlights of the 7th EAP are:

• The limitation of land filling to non-recyclable and non-recoverable waste by 2020, an important step towards a more fully-fledged resource management approach to waste.

• On climate and energy policy, recognition of the need for a legally binding framework beyond 2020 to enable Member States and industry to make the necessary investments in emissions reduction, energy efficiency and renewable energy, taking into account the indicative milestones set out in the Low Carbon Economy Roadmap to 2050.

• Need to address EU soil quality issues including consideration of a binding legal framework.

• Agreement on the establishment of a more coherent policy and legislative framework for sustainable consumption and production.

• Agreement on the need to establish an EU-wide quantitative reduction headline target for marine litter.

• Agreement that the combination effects of chemicals and safety concerns related to endocrine disruptors and nano-materials must be effectively addressed across all relevant EU legislation.

• Agreement on the need to further develop inspection support capacity at EU level, in order to increase the efficiency and effectiveness of inspections. This will also contribute to a more level playing field within the EU.

• Agreement on the need to phase-out environmentally harmful subsidies at Member State and EU level.

• The integration of environmental considerations including water protection and biodiversity conservation into land use planning decisions, with a view to making progress towards the objective of no net land take by 2050.

2.2.3. Strategies for control of pesticides and chemical substances

In July 2006, the Commission adopted a Communication on Sustainable Use of Pesticides (COM (2006) 372 final)[40] to prevent any undesirable effects and risks to humans and the environment by minimising exposure as much as possible and by encouraging the research and development of less polluting alternatives. One of the measures to be integrated through the application of already existing instruments is to provide financial and technical assistance (capacity building) in numerous programmes such as the Strategic Approach of International Chemicals Management (SAICM).

The Union Strategy for Dioxins, Furans and Polychlorinated Biphenyls adopted in 2001 (COM (2001) 593)[41] has the goal to assess the current state of the environment and the ecosystem and to reduce exposure from dioxins and PCBs to humans and the environment. In July 2007, the Communication of the Commission COM (2007) 396 final[42] provided the second progress report on the main achievements with regard to the implementation of the strategy during the period between 2004 and 2006, elucidating the several environmental measures on POPs which have been adopted in 2004 and the new maximum levels for contaminants in food and feed which have been updated in 2006.

Lately, in October 2010, the Commission adopted the third progress report on the Dioxin strategy for the period 2007 to 2009 (COM (2010) 562 final)[43]. The report concluded that the overall objective of the Strategy, i.e. to develop an integrated approach in order to reduce the presence of dioxins, furans and PCBs in the environment as well as in feed and food, has been achieved to a large extent, bearing in mind the reduction of industrial emissions of these pollutants by about 80% over the past two decades. The report further concluded that additional sources should be targeted by national or local measures. Further progress is expected within the framework of the European Union Implementation Plan on Persistent Organic Pollutants and the relevant National Action Plans (NAPs) elaborated by Member States.

2.2.4. Environment and Health Action Plan

The Environment and Health Action Plan (EHAP) was launched in June 2004 to coordinate health, environment and research areas and to develop a system for integrated information on environment and health and to assess the environmental impact on human health more efficiently. In June 2007, a mid-term report was published in a communication of the Commission (COM (2007) 314 final[44]). It highlighted the growing links between environment policy and health policy. It showed, for example, that an important development in relation to the Strategy on Dioxins and PCBs was the adoption of the Regulation (EC) No. 850/2004 on POPs. The progress report on the implementation of the EHAP of March 2010 (SEC (2010) 387)[45] presented the progress of activities after the mid-term review, assessed the results achieved since 2004 and suggested the follow-up for the Action Plan post 2010.

2.2.5. Multilateral Environmental Agreements (MEAs)

Many environmental problems transcend national boundaries and can only be efficiently handled through international co-operation. Consequently, the 6th EAP[46] acknowledged the international dimension to achieve the objectives in the four priority areas (nature and biodiversity, environment and health, natural resources and waste, climate change), and the 7th EAP[47] continues to acknowledge the international dimension of environmental problems. At present, there are more than 500 international treaties and other environment-related agreements, 70 per cent of which are regional in scope. In addition, there are currently 45 MEAs with global geographical scope consisting of at least 72 signatory countries[48]. The European Union is a contracting party in more than 40 international environmental agreements[49], among them the Stockholm Convention, the Basel Convention as well as the Rotterdam Convention.

2.2.6. Monitoring efforts of the EU

Monitoring efforts in the EU covers monitoring of emission loads into the environment and monitoring of environmental concentrations.

The European Monitoring and Evaluation Programme (EMEP) is a scientifically based and policies driven programme for international cooperation under the Convention on Long-range Transboundary Air Pollution (CLRTAP). The EMEP provides scientific information about emission inventories and emission projections, atmospheric monitoring and modelling as well as an integrated assessment to help solve transboundary air pollution problems. This set of information is an important basis for developing further emission control strategies and implementing the Convention and its Protocols.

Several measures relating to the monitoring of POPs’ emissions have been taken by the Member States in order to identify and characterize sources and releases of these substances. Many of these measures are included in the NIPs and have benefited from the many national policy frameworks. Besides the national emission inventories for the release of unintentionally produced POPs into the air, water and soil, the EMEP emission inventory and the E-PRTR data base are further available inventories of releases.

As regards the monitoring of environmental concentrations, there are several regional monitoring programmes established as part of regional conventions or initiatives that covers part of the EU and includes some of the POPs. The Arctic Monitoring and Assessment Programme (AMAP) analyses fluxes, pathways and environmental levels of POPs and presents an assessment of the Arctic environment contamination[50]. Other examples are the Trilateral Monitoring and Assessment Programme of the Waddensea (TMAP), the Monitoring Network in the Alpine Region for Persistent and other Organic Pollutants (MONARPOP) as well as sea conventions (such as e.g. HELCOM and OSPAR).

The mission of the European Environment Agency (EEA) is to provide sound and independent information on the environment, with the goal to ensure that decision-makers and the general public are kept informed about European environmental data, knowledge and assessments. The Agency collects the data on POP emissions and some data on POP concentrations in the environment and analyses their trends[51],[52]. Some of the Agency’s data on POPs originate from the monitoring of Priority Substances in water bodies conducted by Member States under the Water Framework Directive. In addition, Member States have contributed data on some substances to a working database specifically developed for the Commission's 2011 review of the Priority Substances list.

2.3. Financial instruments

Using different funding instruments, the European Union provides a significant amount of funding to environmental projects and programmes, both within the EU as well as in neighbouring countries and in developing countries. There are several financial instruments and programmes that can be relevant also for POP related projects.

2.3.1. Funding instruments for the EU

The LIFE programme is the financial instrument for supporting environmental and nature conservation projects and promoting policy priorities in the EU as well as in some candidate, acceding and neighbouring countries. The European Commission proposed replacing most existing environmental funding, including the former LIFE+ categories, with a single fund focused on supporting development, implementation, monitoring, evaluation and communication of Union environmental policy and legislation. This new phase is called LIFE+ and entered into force the 9th of June 2007[53]. It ran for the period 2007-2013 with a budget of €2.143 billion, while funding was provided via three key areas: LIFE+ Nature & Biodiversity, LIFE+ Environmental Policy & Governance, and LIFE+ Information & Communication, where at least 78 percent of the budgetary resources was used for action grants to projects.

LIFE+ projects promoted synergies between different priorities under the 6th Environmental Action Plan. Two projects in relation with POPs were funded by the LIFE+ programme: one to evaluate the extent of exposure of the general population, especially women of reproductive age[54], and the second to evaluate emission exposure of PAHs in the population[55]. The LIFE+ programme was designed to complement other funding programmes for the environment which are described as follows.

There are numerous other funds of the EU with different target groups that do not specifically refer to POPs, but which support the implementation of the EU environmental legislation or the supply of technical solutions (the Competitiveness and Innovation Framework Programme[56], for example, supports small and medium-sized enterprises (SMEs) innovation activities (including eco-innovation), while the NGO operating grants[57] inter alia promote the active participation of NGOs in the development and implementation of environmental policy).

On the 20th of December 2013 the LIFE 2014-2020 Regulation (EC) No 1293/2013 was published in the Official Journal L 347/185. The Regulation establishes the Environment and Climate Action sub-programmes of the LIFE Programme for the next funding period, 2014–2020. The budget for the period is set at €3.4 billion in current prices.

On the 19th of March 2014, the LIFE multiannual work programme for 2014-2017 was adopted by a Commission Decision, after having received a positive opinion of the Committee for the LIFE Programme for the Environment and Climate Action on 17 February 2014. The work programme applies from the date of its adoption and enters into force as of its publication in the Official Journal of the European Union.

The LIFE multiannual work programme for 2014-2017 sets the framework for the next four years for the management of the new LIFE Programme 2014-2020. It contains an indicative budget, explains the selection methodology for projects and for operating grants and establishes outcome indicators for the two LIFE sub-programmes – for Environment and for Climate Action. The total budget for funding projects during the period covered amounts to €1.1 billion under the sub-programme for Environment and €0.36 billion under the sub-programme for Climate Action.

2.3.2. Funding for neighbouring and partner countries

The European Neighbourhood and Partnership Instrument (ENPI) is designed to target sustainable development and approximation to EU policies and standards – which includes the implementation of the POP regulation as well – in neighbouring third Countries as well as through a strategic partnership with the Russian Federation.[58] This programme replaces the former programmes MEDA, TACIS and EIDHR mentioned in the first Implementation Plan. For the period 2007-2013, nearly €12 billion in EU funding are available to support these partners’ reforms. The ENPI has 15 cross-border cooperation (CBC) programmes which receive a funding of €1.18 billion for the same period. The Instrument for Pre-Accession Assistance (IPA)[59] which replaces several programmes (e.g. the PHARE programme) and financial instruments for candidate countries (Croatia, Iceland, Turkey and the former Yugoslav Republic of Macedonia) or potential candidates (Albania, Bosnia and Herzegovina, Montenegro, Serbia, Kosovo) also provides nearly €12 billion. Most African, Caribbean and Pacific States benefit from development support under the Cotonou Convention finaced through the European Development Fund (€23 billion for the period 2007 – 2013) while South Africa and other developing countries, notably in Asia and Latin America benefit from the Development Cooperation Instrument (over €17 billion for 2007 – 2013).

Within the DCI is a substantial specific programme for environmental support, open to all partners except actual and potential candidates, the “Thematic programme on environment and sustainable management of natural resources, including energy” (Thematic Programme for Environment and Sustainable Management of Natural Resources (ENRTP), worth about €1.1 billion for the period 2007-2013)[60]. This programme has provided support to the work of Secretariat of the Stockholm Convention and has also funded projects on the ground.[61]

2.3.3. Multilateral programmes funded by the EU

The promotion of measures to address worldwide environmental problems is a key objective of the EU policy. The Commission thus provides funding to international and multilateral programmes:

he European Commission has its own specific programme for environment and climate change, the ENRTP which has been used to support multilateral programmes. Some examples funded within the ENRTP:

· The further elaboration of the dioxin and furan toolkit: €100,000 in 2007, to better adapt the toolkit guidance to the needs of developing countries by including the type of industrial installations and levels of pollution found in those countries.

· The evaluation of the Convention’s effectiveness: €400,000 has been allocated in 2009 for completing data on the levels of POPs in the air, and in breast milk for Africa, Latin America and the Caribbean to establish an adequate baseline for further evaluations.

· Support to the Secretariat of Stockholm convention of €480.000 in 2010 to support Parties to implement their obligations under the Stockholm Convention, i.e. developing countries in the following regions: Africa, Asia, Latin America and the Caribbean, and Middle East and countries with economies in transition in CEE.

· Support to the Secretariat of Stockholm convention of €1.450.000 in 2011 to support their 2012-2013 programme of work, including the technical assistance programme, the global monitoring plan for effectiveness evaluation, the programme on unintentionally produced POPs, the programme on endosulfan, the programme on new POPS and candidate POPs and support for participation of developing countries at COP-6.

· Further ENRTP support includes €4.5 million to FAO for the cleaning up of obsolete pesticides in the Africa Stockpiles Programme;

The European Commission has also provided is providing substantial financial support to the Strategic Approach to International Chemicals Management (SAICM)[62], promoting sound chemicals management worldwide through both the ENRTP and the European Development Fund (EDF).

2.4. Research and Development and the Framework Programmes

Research and development is essential for the support of policies such as, inter alia, consumer protection or the protection of the environment. The Research Framework Programme (FP) is the main instrument for funding research and development in Europe.

The Sixth Research Framework Programme (FP6) ran between 2003 and 2007 with a budget of €17.5 billion. Within FP6, 37 projects out of the 66 projects funded[63] addressed some aspects of chemical safety. However, a smaller number of projects focused on exposure to and potential health impacts of POPs. Error! Reference source not found. shows the research projects within the FP6; besides nine large-scale projects in FP6[64], the table focuses on projects with starting dates in 2007 and later.[65]

The Seventh Framework Programme (FP7) which has been recently replaced by Horizon 2020, ran for the period 2007-2013 with a total budget of over € 50.5 billion from which € 1.89 billion was attributedto the relevant thematic areas of ‘Environment (including Climate Change)’, €1.94 billion to ‘Food, Agriculture and Fisheries, and Biotechnology’ and € 6.1 billion to ‘Health’. These thematic areas particularly supported research on projects related to POPs (see Table 8). The programmes ‘Ideas’ (€7.5 billion over 7 years) and ‘People’ (€4.7 billion over 7 years) of the FP7 also funded some projects with reference to POPs. The thematic areas and programmes are indicated in Table 8 (second column). The primary aim of funding the 'Food, Agriculture and Fisheries, and Biotechnology' research theme under the FP7 was to build a European Knowledge Based Bio-Economy, KBBE being the abbreviation for this thematic area.

Thirtyseven projects with POP relevance have been funded under the FP7 receiving around €143 million from the EU. Projects with POP reference have especially been funded within the framework of the thematic area ‘Environment’ – 22 projects– as it included the environment and health sub-activity. This sub-activity funded research to support EU policy initiatives such as the European Environment and Health Action Plan 2004-2010, the Community Strategy for Endocrine Disrupters, and the Stockholm Convention on persistent organic pollutants (POPs). The projects funded deal with, inter alia, harmonising human (bio)monitoring, in Europe, and improving the understanding of environmental and human exposure to chemicals such as PCBs and perfluorinated compounds[66] and their potential health effects.

Within the thematic strategy ‘Food, Agriculture and Fisheries, and Biotechnology’ / ‘Knowledge Based Bio-Economy’, nine large POP-projects were funded, focussing on food safety aspects such as sampling strategies and detection methods for specific foods and on quality and safety assurance of feed. Furthermore under this thematic area, projects are funded seeking alternative solutions to chemical pesticides.

In 2007, the Commission also saw the need to examine development of affordable alternatives to DDT to control malaria, e.g. by exploiting available biological knowledge on the mosquito vector. On the topic of “affordable alternatives for DDT”, no research project was granted within FP7. As for identification of substances that can be used as alternatives to POP, there is one research project on substitution options for specific brominated flame retardant.

2.4.1. European Research Institutions including the JRC

The Joint Research Centre (JRC) has been established as part of the European Commission in 1958. As the Commission's in-house science service, the Joint Research Centre's mission is to provide EU policies with independent, evidence-based scientific and technical support throughout the whole policy cycle. Working in close cooperation with policy Directorates-General, the JRC addresses key societal challenges while stimulating innovation through developing new methods, tools and standards, and sharing its know-how with the Member States, the scientific community and international partners. The JRC holds an annual budget of around €330 million for direct support to EU institutions within the FP7 which is distributed in seven institutes. Some of these have relevant projects with POPs. The Institute for Reference Materials and Measurements (IRMM), for example, develops and provides testing methods and reference material also for POP substances. The Institute for Environment and Sustainability (IES) performs monitoring of POPs, supports the development and standardization of analytical protocols in the frame of the European Committee for Standardization and within the Water Framework Directive and supports the implementation of the Stockholm Convention at the EU level. The Institute for Health and Consumer Protection (IHCP) provides, for example, a decision-support instrument to assess chemical substances called the European Union System for the Evaluation of Substances (EUSES), manages the European centralised Database of EXport and IMport of certain hazardous chemicals and pesticides (EDEXIM) and offers training in handling the export-import notifications of pesticides and POPs. Within the Institute for Prospective Technological Studies (IPTS), , the Best Available Techniques Reference Documents (BREFs) are elaborated based on the IPPC Directive / IED. Currently, there are 33 BREFs available[67] and their revision has been started. Under the IED, the BAT conclusions of the BREF will be adopted as Commission Implementing Decisions[68]. Several of the BREFs also contain information on POPs and related BAT as well as the corresponding emission levels associated with the application of BAT (BAT-AELs).

Moreover, the JRC (Institute for Environment and Sustainability, IES) performs multimedia monitoring of POPs at EU and global level, based on the monitoring requirements in the Stockholm Convention. In addition, it provides guidance and experimental support to the "Toolkit Expert Group" in terms of the estimation of worldwide unintentional releases of POPs. Furthermore, the DG JRC is involved in several research activities that include monitoring programmes and case studies for inland and marine waters, ambient air, soil including contaminated sites, sediments, sewage sludge, compost, food and biota, as well as multi-media modelling of POPs.[69].

2.4.2. Supporting co-operation, co-ordination and networking

Modern research in a global environment necessitates co-operation at different levels. The fragmentation of Europe's efforts cannot be overcome without determined actions at European level. Taking up this challenge, the European Commission, Member States and the European Parliament, the scientific community and industry are committed to work jointly towards the creation of a "European Research Area" (ERA). The European Commission published a Green Paper on ERA in April 2007. In 2008, the Member States and the Commission launched a new political partnership, called the "Ljubljana Process", which aims to overcome fragmen­tation and to build a strong ERA. Besides, they adopted a shared ERA 2020 vision. Concrete progress was being made via a series of new partnership initiatives proposed by the Commission in 2008.

As called by the Council, the building of the ERA will have to be completed by 2014 and in this respect all conditions have to be put in place to make the ERA fully functioning, since the realisation of the ERA in the context of the Innovation Union is a necessary component of the Europe 2020 strategy to create growth and jobs. This is clearly indicated by the ERA Communication 2012/392 and in particular in its second priority ‘optimal transnational co-operation and competition

2.4.3. Future research and innovation

Future research needs have been addressed by a workshop specifically dedicated to this topic, as 2011 marks the ten year anniversary of the Stockholm Convention[70]. The workshop was organised by the Research Centre for Toxic Compounds in the Environment and held in Brno from 22.-24.5.2011. The outcomes of the workshop listing identified knowledge gaps and research needs can be found at the institute website[71].

The ongoing discussion on the fate of newly listed POPs present in articles of everyday use and on the associated challenges with recycling and disposal of such articles will certainly result in identification of additional research needs.

Horizon 2020 and in particular Societal Challenge 1 “Health, Demographic Change and Wellbeing”, Societal Challenge 2 “Food Security, Sustainable Agriculture and Forestry, Marine, Maritime and Inland Water Research and the Bioeconomy” and Societal Challenge 5 “Climate Action, Environment, Resource Efficiency and Raw Materials” provide new opportunities for Research and Innovation to develop new solutions to prevent and detect POPs contamination and toxicity to the environment and human health, including marine wastes, pesticides in agriculture and food products.

2.5. Information Exchange, Public information, awareness and education

The EU institutions are committed to ensuring transparency and the involvement of stakeholders and the general public. This is stipulated in the Regulation 1049/2001 on public access to EU documents and transparency in the decision-making processes and in the communication from the Commission 2002/704 towards a reinforced culture of consultation and dialogue. The public access to environmental information is specifically laid down in Directive 2003/4/EC.

The main instruments for transparency and information access are the Europa website and a specific website dedicated to POPs[72]. In addition the European Commission hosts databases such as Eur-Lex, statistic databases of Eurostat, the E-PRTR[73], the EU pesticide database[74], and databases of EU institutions on specific topics such as the European Chemical Substances Information System[75]. The Directorate General for Environment maintains the POP-specific website containing information on Union legislation and POP-related research projects. Moreover, the European Environment Agency (EEA) publishes a substantial amount of information relevant to POPs[76].

In addition the general public or any interested stakeholder can have access to information on SVHC substances[77] in articles in the context of the REACH Regulation. A request can be sent to the supplier of an article who has to provide a reply within 45 days[78].

Consultations with stakeholders are an integral part of the Union’s environment policy and provide the opportunity for authorities, civil society and individual citizens to provide input. Accordingly, the draft Implementation Plans are also subject to an open consultation process.

In keeping with the EU’s principle of subsidiarity, public information, awareness raising and education on POPs fall within the remit of the Member States, while the POP regulation urges the Member States to provide awareness programmes and public information. A summary of the activities at Member State level can be found in the second synthesis report.[79]

The Commission and Member States exchange information at regular Competent Authority meetings where national representatives for POP issues meet. Core topics are: data gathering via reporting obligations under the POP Regulation as well as further improvement in the context of reporting formats.

3. Overall Assessment of the POPs issue in the EU

At European Union level, significant progress towards the elimination of POPs has been achieved. Production and use of all POP substances is prohibited with some minor exemptions that are decreasing. A main challenge for the EU is to eliminate POPs from the waste cycle and remaining stockpiles as these still present a major emission source.

The following sections briefly introduce the situation in the EU for the different POP substances.

3.1. POPs regulated before 2009 (“old POPs”)

The term “old POPs” covers the substances listed in the Stockholm Convention or the POP Protocol and regulated by the POP Regulation at EU level before 2008, i.e. before the new POP substances were listed in the Stockholm Convention or the POP Protocol in 2009 and 2011 (cf. section 3.2). The data on old POPs presented in the following sections are based on the second synthesis report[80] covering 2007-2009 annual reports and the 2007-2009 triennial reports of the Members States.

3.1.1. Production

The old POPs are no longer produced in the EU.

The specific exemption of the use of DDT in dicofol production has been withdrawn from the POP Regulation. The Commission decided on the non-inclusion of dicofol in Annex I to Council Directive 91/414/EEC and on the withdrawal of authorisations for plant protection products containing that substance (2008/764/EC)[81] in 2008. According to the Commission Decision, all existing authorizations for dicofol in plant protection products had to be withdrawn before 30 March 2009. National registration of dicofol was no longer possible after March 2009. Any transition period granted by the Member States expired by 30 March 2010. Up to the year 2008, dicofol has been produced by Montecinca SA. at Monzón, Spain. The yearly production amounted to approx. 1500 tonnes. Production was discontinued in 2009, when the registration for Spain expired. Until 2009, dicofol[82] was furthermore formulated and used in Italy[83].

3.1.2. Use and placing on the market

The use of the old POPs listed in Annexes A and B has been progressively phased-out in the EU. The specific exemption for use of lindane as public health and veterinary topical insecticide has expired in the EU by 31.12.2007. Remaining uses of old POPs are only in articles that were produced and placed on the market before the entry into force of the POP Regulation and as standards for research purposes. Both remaining uses are covered by general exemptions granted in the Stockholm Convention and the POP Regulation. Some illegal placing on the market of medicinal products containing lindane and fireworks containing hexachlorobenzene has been reported by some Member States in the period 2008-2010. The enforcing authorities of the Member States have intervened to stop these illegal practices and ensured a proper disposal of the products.

3.1.3. Import and export

Waste containing POPs (e.g. obsolete pesticides or contaminated equipments) is being imported into some EU Member States for the purpose of its disposal and elimination. These imports originate from EU and non-EU countries that lack adequate technology for proper disposal of such waste. These imports are being undertaken in accordance with the provisions of the Stockholm Convention and they contribute to the overall reduction of POPs in the EU and globally.

Some illegal imports of POPs embedded in products have occurred in the period 2007-2009. Lindane has been imported as part of the pharmaceutical product and hexachlorobenzene was imported as part of fireworks. As mentioned in the sub-section 3.1.2, the enforcing authorities took appropriate measures to prevent placing on the market of those products and ordered their elimination.

There is very little export of POPs outside the EU. In the period 2007-2009, few kilograms of lindane have been exported from one Member State out of the EU under the exemption for standards for research purposes.

3.1.4. Stockpiles and waste

In a few Member States there are still stockpiles of obsolete pesticides which contain POP substances (or are most likely to) and for which production, use and placing on the market are now strictly forbidden under the POP Regulation. This stockpiles amount to less than 50.000 tonnes, estimated to contain between 2.000 and 9.000 tonnes of POPs. Some stockpiles exist where the POP substances are embedded in formulations (this was reported for lindane and Heptachlor). Reported stockpiles are subject to corresponding management measures.

PCB disposal by end of 2010

The Convention’s objective is to eliminate the use of PCBs in equipment by 2025 and to make determined efforts to achieve environmentally sound waste management of liquids and equipment with PCBs by 2028.

The EU has already transposed this requirement into Directive 96/59/EC on the disposal of PCBs and PCTs (PCB Directive) (cf. section 0). It requires the Member States to compile inventories of large PCB equipment (equipment containing more than 5 dm³ PCB) and to send them to the Commission by September 1999. Moreover, the equipment and PCBs contained in the inventories had to be decontaminated or disposed of by 31.12.2010 at the latest.

In compliance with the PCB Directive, inventories of PCB containing equipment, as well as action plans for their disposal and collection were compiled by all Member States.

In December 2011, the Commission launched a survey, sending questionnaires to the competent authorities of the Member States requesting information about PCB wastes. The survey has showed that the progress made in the EU towards the safe disposal of large PCB equipment, resulting in the elimination and decontamination of the wide majority of large PCB equipment that existed in the EU. However, despite the efforts undertaken,significant quantities of PCB equipment are still in use, andonly few Member States have achieved to decontaminate or to dispose of the entirety of the large PCB equipment.

The survey has showed the lack of reliable and comparable data in the EU: reporting has been in some cases incomplete and in some cases, the number of pieces of equipment instead of the PCB content (expressed in kg or tonnes) were reported. Some Member States did not distinguish between equipment containing more than 500 ppm PCB and equipment containing more than 50 ppm PCB, as is done in the Directive. In view of these inconsistencies, it is not possible to establish the precise remaining amount of the remaining amounts of PCB equipment and PCB waste.

In the survey, MS were also invited to explain the problems they have encountered when decontaminating and disposing of PCB waste. Several MS have discovered that some owners did not notify the existence of PCBs, which has led to unexpected quantities of PCB wastes to be managed by the MS. In addition, legal uncertainty (some owners of PCB wastes were involved in bankruptcy processes) and economic problems, as well as the lack of appropriate treatment facilities in some countries, have been cited as obstacles to a timely decontamination and disposal of the large PCB equipment.

In those cases where the deadline for the disposal and decontamination of large PCB equipment has not been met and in those cases where MS did not provide any information, the Commission is taking legal steps.

3.2. POPs regulated from 2009 (“new POPs”)

The new POPs are the substances that were listed in the Stockholm Convention at the 4th, 5th and 6th Conference of the Parties (COP) to the Stockholm Convention held in May 2009[84] ,in April 2011 and in May 2013, respectively, and in the POP Protocol at the 27th meeting of the Executive Body of LRTAP Convention held in December 2009[85] and that were not listed in any of these instruments before. Thus, the new POPs are tetra-, penta-, hexa-, and hepta-BDE (Polybromi­nated diphenylethers; PBDEs), Pentachlorobenzene (PeCB), PFOS (including salts) and PFOSF, endosulfan, short-chained chlorinated paraffins (SCCPs), hexachloro­butadiene (HCBD) HBCDD and polychlorinated naphthalenes (PCNs). With the exeption of HBCDD, these substances have been included in the POP Regulation.

Prior to their listing the new POPs were subject to prohibition or severe restrictions in the EU. With the new amendments of the POP Regulation, certain restrictions go further than previously was the case in order to comply with the new international commitments.

In this context it needs to be highlighted that PBDEs and PFOS in contrast to the other new POPs will continue to challenge the management of certain waste streams due to the long life-span of the major product groups containing them (e.g. vehicles, electronics), and due to the fact that they are contained in products that are being (ESWI 2011[86]).

The following table gives a first overview on the situation concerning the new POPs. Please, note that the figures from ESWI are estimates. Further information on the individual substances is given in the sections below.

Table 6 Overview on the new POPs (ESWI 2011)

Substance || Purpose || Production || Use /Stockpiles in Products || Import || Export || Waste || Emissions

Endosulfan || Pesticide || Historic pro­duction in Europe amounted to 10.000 to 50.000 tonnes per year Production stopped latest in 2007 || No current use is reported. || Banned[87] || Banned || No information available. || No information available.

Tetrabromo­diphenyl ether and penta­bromodiphenyl ether || Industrial Chemical || Production in the EU ceased in 1997 || Historical use in applications with a high lifetime, such as automotive and upholstery application that are still in use. Estimated amount of C-PentaBDE in automotive applications in 2010: 258,3 t Accumulated amount of C-PentaBDE in upholstery applications: 321 t. Estimated amount of C-PentaBDE in upholstery applications in 2010: 96.95 t || No amount of C-PentaBDE in imported finished articles || Estimated C-PentaBDE exported in ELVs in 2010: 4,1 t || C-PentaBDE in auto­motive waste: ~243.3 t in 2010 C-Penta­BDE in upholstery applications: 91.3 t in 2010 || C-PentaBDE in auto­motive emissions: ~15 t in 2010 C-PentaBDE in upholstery emissions: ~6t in 2010

Hexabromo­diphenyl ether and hepta­bromodiphenyl ether || Industrial Chemical || Production within the EU stopped in 1996/98 || Historical use in Acrylonitrilebutadiene-styrene (ABS) polymers (95%) Estimated amount of C-OcteBDE in EEE applications in 2010: 258,3 t || No amount of HexaBDE in imported finished articles || (Illegal) E-waste possibly contaminated with C-Octa­BDE; amount of C-OctaBDE not quantifiable || 128 t of C-OctaBDE in 2010 || c-OctaBDE emissions : ~3t in 2010

Perfluorooctane sulfonic acid (PFOS), its salts and per­fluorooctane sulfonyl fluoride || Industrial Chemical || Within the EU exemptions for specific uses || Estimated current uses: the metal plating industry (6,500 kg/y), hydraulic fluids (730 kg/y), photographic industry (562 kg/y used +~1,280 kg from historical storage), semiconductor industry (9.3 kg/y), fire fighting foams (90t in stocks) Total sources 163 t/y and 1,730 t in product[88] (mainly from carpets ) || No informa­tion available, except for the photo industry: finished articles containing PFOS account for 150 kg/y || No information available, except for the photo industry: finished articles containing PFOS account for 250 kg/y || 163t PFOS in 2010 || PFOS emissions: >1t in 2010

Pentachlorobenzene (PeCB) || Industrial Chemical Intermediate in Pesticide production By -product || No intentional production or use || Sources in Europe accounts for about 2,632 kg/y (dominated by the power production from coal) || No information available[89]. In the POPRC risk profile for PeCB[90] no trade or stockpiles have been reported.. || 307,8kg PeCB in 2010 || PeCB emissions: ~2.324t in 2010

SCCPs – short chain chlorinated paraffins || Industrial Chemical || Use and placing on the market for some applica­tions restricted since 2002 || Total sources ~ 2.151t and in used products 22.132 t in 2010 || No information available. || No information available. || 2.082t SCCPs in 2010 || SCCPs emissions: ~69t in 2010

HCBD – hexachloro­butadien || Industrial Chemical By -product || No use and production within EU; unintentional production as by-product || Total sources 506 kg in 2010 Estimated amount of HCBD from the chlorine industry in 2010: ~500 kg Accumulated amount of HCBD from sewage sludge: ~6 kg || No information available. || No information available. || 500kg HCBD in 2010 || HCBD emission from the plastic industry to waste water in 2008: 24 kg Besides, no further information available

PCN - polychlorinated naphthalenes || Industrial Chemical By -product || No use and production within EU; unintentional production as by-product || Historical use mainly in the electrical industry || No information available. || No information available. || 3.240,74 kg PCN in 2010 || PCN emissions: ~12kg in 2010

3.2.1. Endosulfan

Endosulfan is an insecticide that has been used since the 1950s to control crop pests, tsetse flies and ecto parasites of cattle and as a wood preservative. Its production in the EU stopped in 2006/2007. Export, however, has been allowed to continue until banned by Regulation (EU) 649/2012/2008.

Germany was the second-largest endosulfan producer after India (approximately 4.000 tonnes per year) while historic production in Europe amounted to 10.000 to 50.000 tonnes per year[91].

In the EU, the use of endosulfan in plant protection products was not authorised as endosulfan was not approved under Regulation (EC) 1107/2009 concerning the placing of plant protection products on the market, which replaces Council Directive 91/414/EEC of 15 July 1991. However, by way of derogation from the provisions of this Regulation under special circumstances a Member State might authorise for a period not exceeding 120 days the placing of plant protection products containing endosulfan on the market for a limited and controlled use. Some Member States have made use of this for e.g. the use as an insecticide for hazelnut (harmful organism – Curculio nucum), the use as rodenticide for rape, orchards, stalky cereals crops (harmful organisms – Microtus arvalis) or the use in plant protection products and in antifouling products.

As a consequence of listing of Endosulfan in Annex A of the Stockholm Convention, its production, placing on the market and use has been banned by adding it to the appropriate Annex of the POP Regulation (Regulation (EC) No 850/2004).

Further information such as relating to endosulfan stockpiles in the EU Member States is not available.

3.2.2. Tetrabromodiphenyl ether and pentabromodiphenyl ether

Tetrabromodiphenyl ether (TetraBDE) and pentabromodiphenyl ether (PentaBDE) are the main components of commercial pentabromodiphenyl ether (C-PentaBDE) that is an additive flame retardant.

The use and placing on the market of C-PentaBDE has been banned in the EU already since 2004 by the Directive 2003/11/EC[92]. Since June 2009, these restrictions for C-PentaBDE were taken up in REACH Annex XVII on restrictions on the manufacture, placing on the market and use of certain dangerous substances, preparations and articles by the Regulation 552/2009[93]. The RoHS Directive 2011/65/EC[94] inter alia restricts the use of Polybrominated Diphenylethers (PBDEs) in electrical and electronic equipment (EEE). The maximum concentration values in new EEE is 0.1 % by weight (1,000 ppm) in homogeneous material and applies to the sum of PBDE congeners. Tetra- and Penta-BDEs, the main components of C-PentaBDE, are now regulated by the POP Regulation which bans their production, placing on the market and use. Derogation is granted for production, placing on the market and use of electrical and electronic equipment within the scope of RoHS Directive, i.e. the EEE must comply with the maximum concentration values. Further, relevant legal documents on EU-level addressing PBDE is the Water Framework Directive 2000/60/EC[95] and the PRTR Regulation (EC) No 2006/166[96].

Since 1997, TetraBDE and PentaBDE have no longer been produced in the EU (ESWI 2011). These substances were mainly used in applications with a high lifetime, such as in automotive and upholstery applications that are still in use (see footnote 97).

The most common use of C-PentaBDE in Europe was in flexible polyurethane foam (95%) that was mainly used for upholstery and automotive applications, thus applications with a high lifetime. For these two sectors the overall discharge of C-PentaBDE in Europe is estimated by ESWI 2011 at 355 t/y with an overall distribution of the discharge of ~6 % (21 t/y) as emissions and ~94 % (334 t/y) for waste.

The contribution to the waste is ~105 t/y for TetraBDE and ~200 t/y for PentaBDE.

As for automotive applications, assuming a lifetime of 12 ye