EUROPEAN COMMISSION Brussels, 9.3.2021 SWD(2021) 53 final COMMISSION STAFF WORKING DOCUMENT Union Synthesis Report on the application of Regulation (EC) No 850/2004















on persistent organic pollutants Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the application of Regulation (EC) No 850/2004 on persistent organic pollutants {COM(2021) 109 final}



Table of contents Table of contents 1 PREFACE 6 1. Introduction and background 7 2. Approach to update and structure of this document 9 2.1 Structure of the report 9 2.2 Sources of information 11 3. Production 14 4. Placing on the market of Annex I and Annex II substances, use and export 17 4.1 Introduction 17 4.2 PFOS – placing on the market, use and export 17 4.3 Substances other than PFOS – placing on the market, use and export 26 4.4 Export of goods 31 5. Stockpiles 34 5.1 Stockpiles of PCB-containing equipment 34 5.2 Stockpiles of obsolete pesticides 38 5.3 Phase out of stockpiled goods 42 6. Waste Management and Storage 43 6.1 Management of waste stockpiles 44

6.2 Identification of contaminated sites 46 6.3 Derogations 48 7. Environmental releases 49 7.1 Identification of sources and development of source inventories 49 7.2 Emission inventory estimates for Annex III substances 53 7.3 Environmental monitoring 89 8. Control measures 113 9. Activities to promote knowledge exchange 117 9.1 Reporting activities 118 9.2 Information exchange 120 9.3 Financial and Technical assistance 122 9.4 Public awareness and consultation 130 9.5 Training 138 10. Dissuasive measures: Policy infringements and penalties 143 11. Concluding remarks and recommendations 148 11.1 Overview of the management of POPs substances 148 11.2 Overview of environmental releases and environmental concentrations of POP substances 149 11.3 Overview of the mechanisms for knowledge exchange and public involvement on the work surrounding POPs substances 152 11.4 Conclusions 153 Appendix A – Explanation of how Toxic Equivalent Factors (TEFs) are developed for dioxins and Furans, and dioxin-like PCBs 156

Appendix B - Technical Annexes 159



Tables Table 2.1 Structure of this document 10 Table 2.2 Reports provided by Member States 11 Table 2.3 Status of National Implementation Reporting 13 Table 4.1 Summary of PFOS applications in the European Union 19 Table 4.2 Summary of PFOS being placed on the market during the 2010-2013 period 21 Table 4.3 Summary of PFOS uses within the European Union for the period 2010-2013 23 Table 4.4 Summary of PFOS reported in 2010-2013 and their uses 24 Table 4.5 Summary of substances reported as being placed on the market or exported during the 2010-2013 period (excluding PFOS) 28 Table 4.6 Summary of uses reported by Member States for substances in 2010-2013 period (excluding PFOS) 29 Table 4.7 Overview of POP exports in articles or as waste reported by Member States 32 Table 5.1 Overview of stockpiles of PCBs containing equipment 35 Table 5.2 Overview of stockpiles of PCB included in NIP 37 Table 5.3 Overview of stockpiles of obsolete pesticides reported by Member States 38

Table 5.4 Overview of stockpiles of obsolete pesticides included in NIP 39 Table 5.5 Overview of stockpiles of obsolete pesticides included in NIP 42 Table 6.1 Quantities of PCB destroyed within the EU 45 Table 6.2 Discussion of contaminated land sites within national implementation plans 47 Table 6.3 Derogations sought in the second synthesis report 48 Table 7.1 Status of emission inventories reported for 2010-2013 51 Table 7.2 Emissions reduction for dioxins and furans and per capita emissions 59 Table 7.3 Emissions of dioxins and furans to all vectors based on those reported to the EU and Stockholm Convention 59 Table 7.4 Comparison of emission estimates between inventories 63 Table 7.5 Emissions reduction for PCBs and per capita emissions 67 Table 7.6 Emissions of PCBs to all vectors based on those reported to the EU and Stockholm Convention 68 Table 7.7 Comparison of emission estimates between inventories 70 Table 7.8 Emissions reduction for PAHs (sum of 4 congeners) and per capita emissions 75 Table 7.10 Comparison of emission estimates between inventories for PAHs (sum of 4 congeners) 80 Table 7.11 Emissions reduction for HCB and per capita emissions 84 Table 7.12 Emissions of HCB and PeCB to all vectors based on reports to the EU and the Stockholm Convention 85 Table 7.13 Comparison of emission estimates between inventories for HCB 87 Table 7.14 Completeness for POP sources. Table reproduced from CEIP Inventory review 2012 88 Table 8.1 Breakdown of work completed based on Article 12 reports 115 Table 9.1 Information reported by Member States 119

Table 9.2 Overview of information exchange mechanisms reported by Member States 120 Table 9.3 Financial support provided to the Stockholm Convention Trust Fund 123 Table 9.4 Financial support provided to the GEF 124 Table 9.5 Financial support provided to the SAICM 124 Table 9.6 Financial support provided to UN institutions and projects 125 Table 9.7 Other international cooperation reported by Member States 126 Table 9.8 Information reported by Member States on public awareness 131 Table 9.9 Member States reports on public information and consultation 135 Table 9.10 Information reported by Member States on training 139 Table 10.1 Information reported by Member States on penalties and infringements 144 Table B.1: Control Measure details based on Article 12 reports for the period 2010 – 2012 160 Table B.2: Control measures to minimise emissions based on the data submitted in Article 12 reports 176 Figures Figure 7.1 Overview of dioxins and furans to air for the EU 28 (based on UNECE reported data) 55 Figure 7.2 Overview of dioxins and furans to air for the EU 28 – Regulated sites only (based on UNECE reported data) 56 Figure 7.3 Dioxins and Furans emissions by Member State 58 Figure 7.4 Data reported to the E-PRTR for emissions of dioxins and furans to Air 61

Figure 7.5 Data reported to the E-PRTR for emissions of dioxins and furans to Water 62 Figure 7.6 Overview of PCB emissions to air for the EU 28 (based on UNECE reported data) 64 Figure 7.7 PCBs Emissions by Member State 66 Figure 7.8 Data reported to the E-PRTR for emissions of PCBs to Air 69 Figure 7.9 Data reported to the E-PRTR for emissions of PCBs to Water 70 Figure 7.10 Congener sets for PAHs under different schemes 72 Figure 7.11 Overview of PAHs to air for the EU 28 (based on UNECE reported data) 73 Figure 7.12 PAHs (sum of four congeners) Emissions by Member State 74 Table 7.9 Emissions of PAHs (sum of 4 congeners) to all vectors based on those reported to the EU 74 Figure 7.13 Data reported to the E-PRTR for emissions of PAHs to Air 77 Figure 7.14 Data reported to the E-PRTR for emissions of PAHs to Water 78 Figure 7.15 Data reported to the E-PRTR for pollutant transfers of PAHs 79 Figure 7.16 Overview of HCB emissions to air for the EU 28 (based on UNECE reported data) 82 Figure 7.17 HCB emissions by Member State as reported to the UNECE Aarhus Protocol 83 Figure 7.18 Data reported to the E-PRTR for emissions of HCB to Air 86 Figure 7.19 Data reported to the E-PRTR for emissions of PeCB to Air 87 Figure 7.20 EMEP monitoring stations operating in 2012. EMEP Status report 2014 90 Figure 7.21 Emissions estimates for the sum of 17 PCDD/Fs (TEQ) for EMEP countries in 1990 (a) and 2012 (b) as ng TEQ/M2/year – EMEP Status report 2014 91 Figure 7.22 Emissions estimates for the sum of 17 PCDD/Fs (TEQ) for EMEP countries in 1990 (a) and 2012 (b) as ng TEQ/Kg total – EMEP Status report 2014 92 Figure 7.23 Emissions estimates for the indicator congener PCB-153 for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 93

Figure 7.24 Emissions estimates for the sum of (4 congeners) PAHs for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 94 Figure 7.25 Emissions estimates for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 95 Figure 7.26 Predicted spatial distribution of ambient air concentrations for the sum of 17 PCDD/Fs (TEQ) for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 96 Figure 7.27 Comparison of predicted ambient air concentrations for the sum of 17 congeners PCDD/Fs (TEQ) for EMEP countries and measurement data within Europe. Dashed lines within a factor of 2, solid lines within a factor of 5. – EMEP Status report 2014 97 Figure 7.28 Predicted spatial distribution of soil concentrations for the sum of 17 PCDD/Fs (TEQ) for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 98 Figure 7.29 Predicted spatial distribution of ambient air concentrations for PCB-153 for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 99 Figure 7.30 Comparison of predicted ambient air concentrations for PCB-153 for sites with long-term monitoring data – EMEP Status report 2014 100 Figure 7.31 Predicted spatial distribution of soil and vegetation concentrations for PCB-153 in 2012 – EMEP Status report 2014 100 Figure 7.32 Predicted spatial distribution of ambient air concentrations for the sum of 4 PAHs for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 101 Figure 7.33 Predicted spatial distribution of soil and vegetation concentrations for B[a]P in 2012 – EMEP Status report 2014 103 Figure 7.34 Predicted spatial distribution of ambient air concentrations for HCB for EMEP countries in 1990 (a) and 2012 (b) – EMEP Status report 2014 104 Figure 7.35 Predicted spatial distribution of soil and vegetation concentrations for HCB in 2012 – EMEP Status report 2014 105 Figure 7.36 Comparison of predicted ambient air concentrations for PCB-153 (pg/m3) and HCB (pg/m3) for 1990 (a) and 2012 (b) – EMEP Status report 2014 106 Figure 7.37 Time trends and seasonal cycles for HCB (lnC) at three Arctic monitoring stations over the period 1993 to 2012. 107 Figure 7.38 Time trends and seasonal cycles for PCB153 (lnC) at four Arctic monitoring stations over the period 1993 to 2012. 108 Figure 7.39 Time trends and seasonal cycles for BDE47 (lnC) at three Arctic monitoring stations over the period 2002 to 2012 109 Figure 7.40 Time trends and seasonal cycles for alpha and beta-HBCD (lnC) at three Arctic monitoring stations over the period 2002 to 2012 110 Figure 7.41 Time trends and seasonal cycles for PFOS and PFOA (particle phase only, lnC) at three Arctic monitoring stations over the period 2002 to 2012 111 Figure A.1 WHO Toxic Equivalent Factors 2005 157

PREFACE This document presents the European Union synthesis report on the application of Regulation (EC) No 850/2004 on persistent organic pollutants in accordance with Article 12(6). The report will also be the basis for the reporting by the Union required by the Stockholm Convention on Persistent Organic Pollutants (POPs), of which the European Union is a Party. As requested in Article 12(6) of Regulation (EC) No 850/2004, this report integrates the information available from the European pollutant emission register (EPER), the CORINAIR Emission Inventory of EMEP and the information provided by Member States under Article 12(1-3). Regulation (EC) No 850/2004 has been repealed and replaced by Regulation (EU) 2019/1021 on persistent organic pollutants, which has modified provisions on the monitoring of implementation. Two previous synthesis reports were published: In 2009 the first synthesis report, covering the period from 2004 to 2006. In 2011 the second synthesis report, covering the period from 2007 to 2009. This document presents the third synthesis report, covering the period from 2010 to 2013. It includes the Member States triennial reports for 2010-2012, Member States Annual reports for 2010, 2011, 2012 and 2013 as well as the most recent available data from E-PRTR and EMEP CORINAIR emission inventories (2010–2012). A summary of this synthesis report is submitted to the European Parliament and to the Council and made publicly available. 1.Introduction and background Persistent Organic Pollutants (POPs) are chemicals 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. Because of the concern posed by POPs, international agreements were established to address their emissions: ·UNECE Protocol on POPs (“POPs Protocol”), adopted on 24 June 1998 in Aarhus as part of the Convention on Long Range Transboundary Air Pollution (CLRTAP); ·Stockholm Convention on POPs, adopted in 2001 and entered into force in 2004. The European Union adopted Regulation (EC) No 850/2004 (hereafter called the “POP Regulation”) as legal instrument for the implementation of both the Stockholm Convention and the POPs protocol. Regulation (EC) No 850/2004 has been repealed and replaced by Regulation (EU) 2019/1021 on persistent organic pollutants. The POP Regulation contains provisions regarding production, placing on the market and use of POPs, management of stockpiles and wastes and measures to reduce unintentional releases of POPs. Identified POPs are listed in three Annexes (Annex I – banned, Annex II – restricted, Annex III – unintentionally released POPs). 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. It also includes provisions for waste management and the development of thresholds for POPs within waste, which are detailed in Annex IV and V of the Regulation. Since its creation, the POP Regulation has been amended a number of times, mainly to incorporate new substances into its Annexes. ·In 2009 Regulation (EC) 304/2009 amended the POP Regulation to update the accepted toxic equivalent factors used for dioxins and furans. ·In 2010 Regulation (EC) 757/2010 amended the Annexes of the POP Regulation to include nine new substances, following their addition to the Stockholm Convention; this notably included poly brominated diphenyl ethers (PBDEs) and perfluorooctane sulfonic acid and its derivatives (PFOS). ·In 2012 Regulation (EC) 519/2012 further amended the Annexes to add another four substances, including endosulfan (as added to the Stockholm Convention) and hexachlorobutadiene, poly chlorinated naphthalenes (PCNs) and short chained chlorinated paraffins (SCCPs) (as added to the POPs Protocol). ·In 2014 Regulation (EC) 1342/2014 amended Annex V to provide new details on the critical thresholds for POPs substances within waste. Article 12 covered the reporting requirements for Member States under the POP Regulation. Member States needed to report annually statistical data on the production and placing on the market of Annex I and Annex II substances. Every three years, Member States needed to report to the European Commission summary information

·from stockpiles notifications, received pursuant to Art. 5(2); ·from release inventories, established pursuant to Art. 6(1); ·on dioxins furans and PCBs unintentionally released in the environment, compiled pursuant to Art. 9. Such information, as received from Member States, is summarised in this report. 2.Approach to update and structure of this document 2.1Structure of the report The POP Regulation covers the cradle to grave management of substances included in Annexes I, II and III. This follows the logic of and adopts a life-cycle approach, to systematically manage the POPs at each stage of their life. This includes administrative procedures for assessing the enforcement of the Regulation and exchange of information between different Member States. Article 12 reporting requirements for Member States largely followed the order of the articles set out in the regulation. One possible exception was that the reporting requirements did not specifically ask about plans to avoid POPs within wastes as per Article 7 of the regulation. Instead that information was captured more broadly within the reporting template for minimisation measures of Annex III substances and questions around the National Implementation Plan. In the past, POPs waste mostly covered the legacy of PCB-containing di-electric equipment, reported under the PCB directive 96/59/EC, as well as the final management options for obsolete pesticides. In recent years, the scope of POPs waste started to be enlarged due to the listing of new POPs. Table 2.1 provides a description of the structure of this report. Each chapter refers to the main articles of the POP Regulation. This structure has been chosen to keep continuity with the previous synthesis reports for ease of review and comparison.

Table 2.1 Structure of this document Article and title of Regulation Chapter and title of Synthesis Report Description of what each chapter contains - 1. Introduction and background Background to the POP Regulation and related international work - 2. Approach to update and structure of this document Structure of this document and key reference data used Art. 3 Control of production, placing on the market and use 3. Production Production of Annex I and Annex II substances Art. 3 Control of production, placing on the market and use;

Art. 4 Exemptions from control measures 4. Placing on the market Placing on the market and use of Annex I and Annex II substances. Exemptions utilised as part of Article 4 of the regulation Art. 5 Stockpiles 5. Stockpiles Stockpiles of PCBs in di-electric equipment, obsolete pesticides and phase out substances Art. 7 Waste Management 6. Waste management and storage Waste management options, contaminated land and derogations under the regulation Art. 6 Release reduction, minimisation and elimination;

Art. 9 Monitoring 7. Environmental releases Identification of sources, emission inventories, environmental monitoring programmes and environmental concentrations Art. 8 Implementation plans 8. Control measures Status of national implementation plans and action on POPs Art. 10 Information exchange;

Art. 11 Technical assistance 9. Activities to promote knowledge exchange Activities for knowledge exchange, public awareness and involvement and provision of technical and financial assistance Art. 13 Penalties 10. Dissuasive measures: Policy infringements and penalties Infringements and penalties as part of enforcing the regulation in Member States - 11 Conclusions and recommendations Summary of the preceding sections and key findings 2.2Sources of information The main sources of information used to compile information for the period 2010-2013 include: ·Annual reports from 2010, 2011, 2012, 2013 by Member States ·Triennial reports for the period 2010-2012 by Member States ·National Implementation Plans by Member States ·Notification of derogations (where relevant) ·Notification of penalties (where relevant) ·First and Second synthesis reports

·E-PRTR data ·CORINAIR EMEP data ·Monitoring data from EMEP and MSC-East ·Monitoring data from the Arctic Monitoring and Assessment Programme (AMAP) The information submitted by the Member States Competent Authorities (MSCAs) on an annual and triennial basis is the core of this report. The additional sources quoted above are used as supplementary information. Table 2.2 provides a breakdown of the information provided by MSCAs and used in the current synthesis report. Table 2.2 Reports provided by Member States Member State Annual report 2010 Annual report 2011 Annual report 2012 Annual report 2013 Tri-annual report 2010-2012 Austria     Belgium      Bulgaria      Cyprus      Czech Republic     Germany      Denmark  * * * * Estonia  * Greece Spain   Finland      France      Croatia     Hungary   Ireland      Italy Lithuania      Luxembourg * Latvia   Malta Netherlands      Poland      Portugal Romania      Sweden      Slovenia      Slovakia  United Kingdom    * Reports were not taken into account in this triennial synthesis report due to late submission Alongside the Member States' reporting, the national implementation plans provide key information on national issues on POPs and the actions foreseen at national level. The POP Regulation states in Article 8(2): “As soon as a Member State has adopted its national implementation plan in accordance with its obligation under the (Stockholm) Convention, it shall communicate it both to the Commission and to the other Member States”. Moreover, in Article 7(1)b the Stockholm Convention states that parties will develop a national implementation plan and communicate it to the Secretariat of the Convention within two years of entry into force. Subsequent updates of the national implementation plan are required, but the frequency is not specifically indicated in the POP Regulation or in the Stockholm Convention. The inclusion of nine new substances in the annexes of the POP Regulation in 2010 (Regulation (EC) 757/2010) highlighted the importance of updating the national implementation plans. This is important because the majority of the original 12 POPs included in the Convention and in the POP Regulation are obsolete pesticides, while the new substances added in 2010 are mainly industrial chemicals. Table 2.3 provides the details of the current status of the national implementation plans, as reported to the Stockholm Convention. This information is used in this report to supplement the information in the Member State annual and triennial reports. For those Member States that have not provided reports under Article 12 of the POP Regulation, the national implementation plans have been used as the key reference for their activities on POPs.

Table 2.3 Status of National Implementation Reporting

Member State Update of the National implementation Plans* If yes, date of update If no, date of original NIP Austria Yes 2012 - Belgium Yes 2012 - Bulgaria Yes 2012 - Croatia No - 2009 Cyprus Yes 2014 Czech Republic No - 2006 Denmark Yes 2012 - Estonia Yes 2012 - Finland Yes 2012 - France Yes 2012 - Germany Yes 2012 - Greece No response received No response received No response received Hungary Yes 2010 - Ireland Yes 2012 - Italy No response received No response received No response received Latvia No - 2007 Lithuania No - 2008 Luxembourg No - 2006 Malta No response received No response received No response received Netherlands Yes 2011 - Poland Yes 2013 - Portugal No - 2006 Romania Yes 2012 - Slovakia Yes 2013 - Slovenia Update due to be submitted in 2015 - 2006 Spain Yes 2013 - Sweden Yes 2012 - United Kingdom Yes 2013 - * Update is assumed to mean revision and update of a Member States national implementation plan for inclusion of new substances added since 2010. 3.Production Production covers all activities for the manufacture of chemical substances, or articles that contain chemical substances, for the substances in Annexes I and II of the POP Regulation. POP Regulation requirements on production are listed under Articles 3 and 4, shown in the information box below: Article 3 of the POP Regulation foresees that: 3.1 The production, placing on the market and use of substances listed in Annex I, whether on their own, in preparations or as constituents of articles, shall be prohibited. 3.2 The production, placing on the market and use of substances listed in Annex II, whether on their own, in preparations or as constituents of articles, shall be restricted in accordance with the conditions set out in that Annex. 3.3 Member States and the Commission shall, within the assessment and authorisation schemes for existing and new chemicals and pesticides under the relevant Community legislation, take into consideration the criteria set out in paragraph 1 of Annex D to the Convention and take appropriate measures to control existing chemicals and pesticides and prevent the production, placing on the market and use of new chemicals and pesticides, which exhibit characteristics of persistent organic pollutants Article 4 presents the derogations to the rules stated in article 3: 4.1 Article 3 shall not apply in the case of: (a) a substance used for laboratory-scale research or as a reference standard; (b) a substance occurring as an unintentional trace contaminant in substances, preparations or articles. 4.2 Article 3 shall not apply in respect of substances occurring as a constituent of articles produced before or on the date of entry into force of this Regulation until six months after the date of its entry into force. Article 3 shall not apply in the case of a substance occurring as a constituent of articles already in use before or on the date of entry into force of this Regulation. However, immediately upon becoming aware of articles referred to in the first and second subparagraph, a Member State shall inform the Commission accordingly. Whenever the Commission is so informed or otherwise learns of such articles, it shall, where appropriate, notify the Secretariat of the Convention accordingly without further delay. 4.3 Where a substance is listed in Part A of Annex I or in Part A of Annex II, a Member State wishing to permit, until the deadline specified in the relevant Annex, the production and use of that substance as a closed-system site-limited intermediate shall notify accordingly the Secretariat of the Convention. However, such notification may be made only if the following conditions are satisfied: (a) an annotation has been entered in the relevant Annex expressly to the effect that such production and use of that substance may be permitted; (b) the manufacturing process will transform the substance into one or more other substances that do not exhibit the characteristics of a persistent organic pollutant; (c) it is not expected that either humans or the environment will be exposed to any significant quantities of the substance during its production and use, as shown through assessment of that closed system in accordance with Commission Directive 2001/59/EC. Member States reported under Article 12 the following information on production: Germany reported the manufacture of PFOS in volumes around 9 tonnes per annum. Significant quantities are exported annually, with a high yearly variability (from 480 kg in 2012 to 10,300 kg in 2011). For the most recent reporting year (2013), 5.8 tonnes of the manufactured PFOS were exported, largely to non-EU countries. A small quantity (200 g) was also exported to one EFTA country, Switzerland. The remaining 3.2 tonnes were retained for use in Germany. Croatia reported the production of alkanes (including C10-C13 chloro-alkanes, SCCPs) in 2010, 2011 and 2012 as follows: ·2010: 240 kg; (15%) 36 kg C10-13, chloro; ·2011: 720 kg; (15%) 108 kg C10-13, chloro; ·2012: 2,160 kg; (15%) 324 kg C10-13, chloro.No production of POPs was reported in 2013 in Croatia. No other Member States have reported the intentional production of POPs during the 2010-2013 period. One Member State (Belgium) indicated that, while no intentional production of POPs was carried out in the period 2010-2013, this does not cover existing specific exemptions on intermediate use, which are allowed under the POP Regulation as part of Article 4. Article 3(3) of the POP Regulation requires that Member States prevent the production of new chemicals and pesticides which exhibit the characteristics of POPs as defined in Annex D of the Stockholm Convention. The EU Regulations that help to control substances with POPs characteristics are summarised below. Regulation (EC) No 1907/2006 on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) requires that companies producing or importing chemicals in the EU in a quantity above 1 tonne/year submit a registration dossier to the European Chemicals Agency (ECHA). This dossier has specific sections covering the assessment of substances for persistence, bioaccumulation, and toxicity (PBT) properties and for being very persistent and very bioaccumulative (vPvB). The criteria for identification of PBT and vPvB substances are detailed in Annex XIII of REACH. These criteria largely follow those of Annex D of the Stockholm Convention. However, for bioaccumulation, Annex XIII sets for PBT substances the bioconcentration criterion (Bioconcentration Factor (BCF) greater than 2000) at a lower level than the Stockholm Convention (BCF greater than 5000). The bioconcentration criterion for vPvB substances corresponds that of the Stockholm Convention. Moreover, REACH is stricter on toxicity and refers to thresholds based on No Observed effect (NOEC) concentrations, classification as a Carcinogenic, Mutagenic, or Reproductive toxicant (CMR), and other toxicological classification. The REACH Regulation also sets out provisions for those substances identified as ‘substances of very high concern (SVHC)’, which include PBTs and vPvB substances. SVHCs may become subject to the authorisation process, which ultimately aims to substitute them with alternative substances or techniques where these are economically and technically viable. As of 18 November 2019, 201 substances and groups of substances were listed on the SVHC candidate list for potential inclusion in Annex XIV (the authorisation list). Regulation (EC) No 1107/2009 lays down rules for the placing on the market, use and control within the EU of plant protection products (PPPs), including for their authorisation. It states that an active substance which fulfils the POP, PBT or vPvB criteria, shall not be approved to be placed on the market. Similarly, Regulation (EU) No 528/2012 on the placing on the market and use of biocidal products stipulates that active substances that meet the PBT or vPvB criteria shall not be approved, in principle. Where the mechanisms and processes of the Stockholm Convention, POP Regulation, REACH Regulation and PPP Regulation work together, it is possible for specific substances to be under review within the different systems at the same time. This requires attention to ensure consistency. A recent example of such a case is the brominated flame retardant hexabromocyclododecane (HBCDD). In 2012 a UN expert body (POPs Review Committee) recommended to remove HBCDD from the global market in order to protect human health and the environment. Following this, the POP Review Committee, acting under the auspices of the Stockholm Convention, adopted a recommendation to include HBCDD in the Convention’s Annex A for elimination. The 2013 Conference of the Parties agreed to include HBCDD in Annex A of the Convention. Under REACH, HBCDD was identified as SVHC and added to the candidate list in 2008 and subsequently to the list of substances subject to authorisation (Annex XIV) in 2011. The addition of HBCDD to the Stockholm Convention (which was taken over to the POP Regulation) included clauses to allow the continued use of HBCDD as per the requirements and obligations of the REACH Regulation in Europe. Under the REACH Authorisation procedure, the sunset date for HBCDD was August 2015, applications for authorisation to continue with two uses of HBCDD were submitted and authorisations were granted. 4.Placing on the market of Annex I and Annex II substances, use and export 4.1Introduction

The POP Regulation (Article 3) foresees that the production, placing on the market and use of substances listed in Annex I is prohibited. The production, placing on the market and use of substances listed in Annex II of the Regulation are restricted. According to Article 4 of the POP Regulation, certain substances can be produced and used as closed-system site-limited intermediates, provided they meet the criteria set out in that Article. The POP Regulation also states that if an article containing restricted substances is already on the market or in use at the time of the inclusion of the constituent(s) in the Regulation’s annexes, then its use can continue. The Member State has to notify the use to the Commission, which in turn will notify the Secretariat of the Stockholm Convention. The POP Regulation also follows the provisions of the Stockholm Convention for the so-called ‘specific exemptions’ for some POPs in Annex I and Annex II. For the period 2010 – 2013, the substances with specific exemptions were PFOS and SCCPs. Endosulfan, hexachlorobutadiene, polychlorinated napthalenes and polychlorinated biphenyls had exemptions in place for goods that had already been produced at the time of listing, with planned phase-out dates. Based on the Article 12 submissions from the Member States, POPs that were placed on the market, used, or were exported are dominated largely by PFOS and SCCPs along with a number of other POPs that were produced in small quantities for research purposes. Since PFOS in particular has a large number of exemptions under the POP Regulation and also under the Stockholm Convention, this section of the report will focus on this substance, with substances other than PFOS discussed at the end of the chapter. 4.2PFOS – placing on the market, use and export 4.2.1Introduction and background on PFOS The PFOS definition includes a group of chemical substances used as surfactant, with the major uses as stain repellent, in metal plating and fire-fighting foams. In 2009 PFOS was included in Annex B of the Stockholm Convention and in Annex I of the POP Regulation in 2010. The following exemptions are applicable in the POP Regulation: ·for concentration of PFOS equal to or below 10 mg/kg in substances or preparations; ·for semi-finished products or articles or parts thereof, if the concentration of PFOS is lower than 0.1% by weight; ·for textiles or other coated materials, if the amount of PFOS is lower than 1µg/m2 of the coated material. For articles already in use before 25 August 2010 and fire-fighting foams placed on the market before December 2006, the use was allowed until 27 June 2011. In addition, Member States are required to report every four years on progress made in eliminating PFOS. Additionally, under the entry of Annex I (part A) of the POP Regulation for PFOS, point 5 states that the following applications have exemptions: ·wetting agents for use in controlled electroplating systems; ·photoresists or anti-reflective coatings for photolithography processes; ·photographic coatings applied to films, papers or printing plates; ·mist suppressants for non-decorative hard chromium plating in closed loop systems; ·hydraulic fluids for aviation. These uses are permitted until August 2015, provided that the quantity released into the environment is minimised. The POP Regulation also foresees that the use of PFOS is to be phased out as soon as the use of safer alternatives is technically and economically feasible.

The Assessment of PFOS compounds (European Commission, 2015) presented at the 13th Competent Authority meeting for POPs provided further detail of which Member States were using PFOS for specific applications. Table 4.1 provides details of these uses. ESWI (2011) estimated the European Union uses of PFOS in 2010 as 6,500 kg/yr for the metal plating industry, 730 kg/yr for hydraulic fluids, 562 kg/yr for photographic industry (plus 1,280 kg of historic stockpiles) and 9.3 kg/yr for semi-conductor industry. Table 4.1 Summary of PFOS applications in the European Union Uses identified under the Convention (included in the POP Regulation) PFOS was/is in use PFOS was/is not used Information not available Wetting agents for use in controlled electroplating systems Belgium Denmark Ireland Norway Sweden Finland Germany France Romania United Kingdom Photoresists or anti-reflective coatings for photolithography processes Ireland Denmark Germany Ireland Poland Sweden United Kingdom Belgium Finland France Norway Romania Slovenia Spain Photographic coatings applied to films, papers or printing plates Denmark Finland Germany Ireland Poland Sweden United Kingdom Belgium France Norway Romania Mist suppressants for non-decorative hard chromium plating in closed loop systems Denmark Finland Norway Sweden Slovenia Belgium Poland Ireland Germany France Romania Spain United Kingdom Hydraulic fluids for aviation Norway Denmark Ireland Poland Sweden Belgium Finland France Romania Slovenia Spain 4.2.2Article 12 information provided by Member States for PFOS Placing of PFOS on the market The information submitted by the Member States under Article 12 includes new data, both for placing on the market of PFOS as well as uses of PFOS within applications following the specific exemptions set out under the POP Regulation. Details of the further information provided by Member States on the placing of PFOS on the market included: ·As already described, Germany manufactured around 9,000 kg of PFOS annually between 2010-2013, of which a part is used in Germany. There is no indications of the sectors where PFOS is used, but since the main application across Europe has been for use in chrome metal plating industries, it can be expected that this use would be the main one also in Germany. ·Austria indicated that in 2011 PFOS was used by two companies as an antifogging agent and as a surfactant to avoid the formation of chromium VI aerosols in chromium plating baths. The use of the PFOS was expected to stop once the stocks were depleted for one company, and for the other when conversion to PFOs free production was started. In 2012 PFOS was used as a mist suppressant and as a photo resist lacquer in a semiconductor company, using approximately 370 grams per year. Finally, in 2013 the same use of PFOS was reported with quantities of about 300 grams per year.

·Finland indicated that PFOS was placed on the market in 2010, 2011 2012 and 2013 and was registered for use in metal plating (under CAS 56773-42-3) and manufacture of computers, electronic and optical devices (under CAS 2795-39-3). Both uses are included within the exemptions of PFOS under Annex II of the POP Regulation. Quantities used in Finland were not specified but expected to be in the tens of kgs range. ·Ireland indicated that PFOS was placed on the market in 2010, 2011 and 2012. The substance was imported from Belgium, the United Kingdom and Japan. In 2013 Ireland indicated that no PFOS was placed on the market or exported. PFOS was initially imported under the ‘acceptable purpose’ exemption for use as ‘photo-resists & anti-reflective coatings for semi-conductors’. This use has now been replaced through technology changes. This includes the use of shorter-chain compounds (C-1 to C-4 carbon chains), the use of non-fluorinated substitutes and the elimination of the surfactant function within the photoresist. ·The Netherlands reported that PFOS was still on the market in 2010, 2011, 2012 and 2013. In 2010 PFOS was present in some fire extinction equipment (permitted until June 2011) and was used in metal plating industry (permitted until August 2015). ·Sweden indicated that PFOS and perfluorinated alkanes (PFOA) in preparations were placed on the market in 2010, 2011, 2012 and 2013. ·The United Kingdom indicated that a small quantity of PFOS (0.3 kg) was placed on the market in 2010. Table 4.2 provides the quantities of PFOS placed on the market between 2010 and 2013. This data are for a small number of Member States (Germany, Austria, Ireland, Netherlands, Spain, Sweden, United Kingdom), who have reported total quantities of PFOS use for the European Union ranging between 330 and 567 kg/yr. The information from Article 12 reporting indicates that, with the exception of Germany, the production of PFOS within the European Union has ceased, and the few remaining uses of PFOS are based largely on imports from outside of the European Union. Table 4.2 Summary of PFOS being placed on the market during the 2010-2013 period Year Member State Quantity placed on the market (kg/year) Quantity exported from MS to other EU MS/extra-EU 2011 Austria 25 (by 1 company as anti-fogging agent) - 2011 Austria 2.15 litres per annum (by 1 company for chrome plating) - 2012 Austria 0.37 (by 1 company semi-conductors) - 2013 Austria 0.30 (by 1 company semi-conductors) - 2010 Germany 4,800 4,200 kg/year to non-EU countries primarily USA, East Asia and Brazil 2011 Germany 1,300 10,300 kg/year to non-EU countries primarily USA, Turkey, East Asia and Brazil 2012 Germany 8,520 480 kg/year to South Africa 2013 Germany 3,200 5,800 kg/year to non-EU countries primarily USA, East Asia and Brazil 2010 Ireland 2.55 (Imported from: UK: 0.30kg Belgium: 0.75kg Japan: 1.50kg) 2011 Ireland 0.73 (imported from Belgium) - 2010 Netherlands 390* - 2011 Netherlands 390* - 2012 Netherlands 145-150 - 2013 Netherlands 150 - 2013 Spain 205 (imported from Germany) - 2010 Sweden Total: 60.5* (imported from Germany) Potassium perfluorooctane sulfonate: 16* Tetraethylammonium perfluorooctane sulfonate:43* Diethanolammonium Perfluorooctane sulfonate:1.5* - 2011 Sweden Tetraethylammonium perfluorooctane sulfonate: 174,5 (imported from Germany) - 2012 Sweden Tetraethylammonium perfluorooctane sulfonate: 180 (imported from within the EU) - 2013 Sweden 140 (imported from within the EU) - 2010 Total based on Article 12 reports 5253.05 - 2011 Total based on Article 12 reports 1892.38** - 2012 Total based on Article 12 reports 8850.37 - 2013 Total based on Article 12 reports 3545.30 - * 2009 data **assumes the 2.15 litres placed on the market by Austria are equivalent to 2.15 kg Use of PFOS within the European Union The uses of PFOS reported under the Article 12 are mostly for metal plating, fire extinction and electronic and optical equipment. Germany has reported having used the largest volumes of PFOS ranging from 1,300 kg to 8,500 kg per annum between 2010-2013, although annual usage rates vary significantly year on year. The Netherlands was the next most significant user with around 390kg per annum for 2010 and 2011 (although this was based on usage rates for 2009 and assumed to have continued at the same rate for 2010 and 2011 before ceasing). Additionally, the quantities reported by Ireland have decreased during the reporting period, for Sweden the quantities of PFOS reported have increased between 2010 and 2012 and decreased between 2012 and 2013. It needs to be considered that Germany, the Member State placing the largest volume of PFOS on the market, did not provide information on its uses. Table 4.3 and Table 4.4 provides a further overview of the uses of PFOS reported under Article 12, and details on the quantity of PFOS used in different applications. Table 4.3 Summary of PFOS uses within the European Union for the period 2010-2013 Member State Application Belgium, Spain, Netherlands, Austria, Finland Metal plating, mist suppressant Ireland, Finland Computer and electronic equipment Ireland, Finland Optical devices, photo resist and anti-reflective coatings Netherlands Fire extinguishers Sweden Import in preparation only, to be used by metal industry United Kingdom no further details included Table 4.4 Summary of PFOS reported in 2010-2013 and their uses Year Member State Quantity (kg/year) Comments 2011 Austria 25 used as antifogging agent 2011 Austria 2.15 litres/year used as surfactant to impede chrome VI aerosols in chromium plating baths 2012 Austria 0.37 used as mist suppressant and metal lacquer 2013 Austria 0.30 used as mist suppressant and metal lacquer 2013 Belgium 229 used as mist suppressant for hard metal plating (chrome) 2010 Finland Not specified for use in metal plating (CAS 56773-42-3) and manufacture of computers, electronic and optical devices (CAS 2795-39-3) 2011 Finland Not specified for use in metal plating (CAS 56773-42-3) and manufacture of computers, electronic and optical devices (CAS 2795-39-3) 2012 Finland Not specified for use in metal plating (CAS 56773-42-3) and manufacture of computers, electronic and optical devices (CAS 2795-39-3).

Alternatives are being phased in 2010 Ireland 2.21 Use of PFOS as photo-resists and anti-reflective coatings for semi-conductors 2011 Ireland 0.73 Use of PFOS as photo-resists and anti-reflective coatings for semi-conductors 2010 Netherlands 390* Uses are for fire extinction (permitted until June 2011) and for metal plating industry (permitted until August 2015). Data on quantity used is for the metal plating industry, using PFOS as a mist suppressant / wetting agent 2011 Netherlands 390* Uses are for fire extinction (permitted until June 2011) and for metal plating industry (permitted until August 2015). Data on quantity used is for the metal plating industry, using PFOS as a mist suppressant / wetting agent 2012 Netherlands 145-150 Uses are for metal plating industry 2013 Netherlands 150 Uses are for metal plating industry 2010 Sweden Total: 60.5* Potassium perfluorooctane sulfonate: 16* Tetraethylammonium perfluorooctane sulfonate: 43* Diethanolammonium Perfluorooctane sulfonate: 1.5* Import in preparation only 2011 Sweden Potassium perfluorooctane sulfonate: - Tetraethylammonium perfluorooctane sulfonate: 174,5 Diethanolammonium Perfluorooctane sulfonate: - Import in preparation only 2012 Sweden Tetraethylammonium perfluorooctane sulfonate: 180 Import in preparation only 2013 Sweden 140 Import in preparation only 2010 United Kingdom 0.30 Produced for export * 2009 data A review of the Member States’ National Implementation Plans provides further information on the uses of PFOS.

In Romania (NIP dated 2012), a preliminary inventory found that there was small scale use of substances containing PFOS, PFOS salts or precursors of PFOS in metal coating processes. Germany indicated (NIP dated 2012) that PFOS was sold to German surface engineers for use in surface refinement. The Federal Environment Agency estimated the quantity of PFOS consumed in the surface treatment industry at approximately 3,600 kg a year. This is corroborated by the Article 12 reporting from Germany. Additionally, the assessment of PFOS compounds (European Commission, 2015) reports ongoing uses of PFOS in a number of Member States: ·An estimated 50 kg/year between 2009-2014 in Finland for metal plating; ·An estimated 480 kg/year prior to 2009 for in Slovenia for closed-loop metal plating only. Based on the data provided,the main use for PFOS within the EU is for closed-loop metal plating, specifically as a mist suppressant for hard chrome plating. Based on the data from Article 12 reports, Member State NIPs and ESWI (2011), this use broadly covers up 50% of all PFOS uses in the European Union. Secondary uses included hydraulic fluids and photographic applications, while the use in semi-conductor manufacture is a minor one. 4.3Substances other than PFOS – placing on the market, use and export Substances placed on the market (excluding PFOS) Article 12 reports from Member States highlighted that PFOS was the most commonly reported POP placed on the market and used within the European Union. Additionally, some other POPs substances were also placed to market and used during 2010 – 2013. Austria reported the export to Burkina Faso of minimal quantities of aldrin and dieldrin in 2010. Austria also indicated that in 2011 and 2012, the Chemical Legislation European Enforcement Network (CLEEN) investigated the presence of HCB in fireworks. This enforcement action included sampling of firework products on the European market. However, none of the fireworks tested exceeded the limit value of 50 mg/kg. Croatia indicated that a number of substances had been placed on the market, including alkanes, C10-13 and SCCP. France reported that a number of substances had been placed on the market under Article 4.1.a provisions for research purposes. These included: ·In 2010 the placing on the market of hexachlorobenzene; ·In 2011 the placing on the market of hexabromobiphenyl; ·In 2012 the import and placing on the market of DDT. In addition France conducted a review of its custom statistics and registers and identified import and export of POPs containing products during the 2010-2013 period. ·In 2010 products corresponding to the codes 29035100 and 29035200 were imported. Both of these codes relate to substances that are POPs. ·In 2010, 2011, and 2012 products corresponding to a number of codes which may be related to POPs were imported and exported. However, France could not determine whether substances covered by Regulation (EC) 850/2004 were included. The United Kingdom reported that a quantity of lindane had been produced and exported to the republic of South Korea. The specific purposes for this export were not detailed within the Article 12 report provided by the United Kingdom.

Table 4.5 summarises the information reported on placing on the market of POPs other than PFOS and the quantities indicated by Member States.

Table 4.5 Summary of substances reported as being placed on the market or exported during the 2010-2013 period (excluding PFOS) Substance Year Member State Quantity (kg/year) Exported to (if applicable) Aldrin 2010 Austria n.a. (minimal) Burkina Faso Dieldrin 2010 Austria n.a. (minimal) Burkina Faso PCBs 2012 Austria n.a. (minimal) Moldova Aldrin 2013 Austria Laboratory reference material North Macedonia Aldrin, Lindane, Dieldrin, DDT 2013 Austria Laboratory reference material Belize HCB 2013 Austria Laboratory reference material Kyrgyztan C10-13 2010 Croatia 4,275 - C10-13 2011 Croatia 4,560 - C10-13 2012 Croatia 9,120 - Hexachloro-benzene 2010 France Less than 1,000 - 29035100 2010 France Less than 1 USA 29035200 2010 France Less than 1 USA Hexabromo-biphenyl 2011 France Less than 1,000 - DDT 2012 France 0.004 USA AlkanesC10-13 2013 Sweden 2,800 (imported from other EU MS) - Lindane 2010 United Kingdom 175 - * 2009 data Use of POPs substances within the European Union (excluding PFOS) The second Union synthesis report (2011) indicated that most of the POP substances and articles were used under general exemptions, such as uses for research purposes. This was also observed for the 2010-2013 reporting period, where the uses reported are either for research and calibration purposes or for exempted uses. The majority of Member States who provided information under Article 12 included information on the use of the substances imported or placed on the market, with the exception of Sweden and the United Kingdom. In addition, Lithuania indicated that some POPs are used for research purposes but did not provide information on specific substances or quantities. Detailed information on the uses reported by Member States is included in the table below. Table 4.6 Summary of uses reported by Member States for substances in 2010-2013 period (excluding PFOS) Substance Member State reporting the use Use reported Pesticides (Aldrin, Dieldrin, DDT) Austria Laboratory reference material Hexachlorobenzene France Research and calibration Hexabromobiphenyl France Research and calibration Alkanes C10-13 Croatia, Sweden Import in preparation only, no further details included The PCB Directive required Member States to dispose of equipment with PCB volumes of more than 5 litres by the end of 2010 at the latest. Several Member States indicated that PCB-containing equipment was being disposed of and exported to other countries for destruction during the reporting period. More information on this is presented in section 5.1. Illegal use of POPs was identified in the Netherlands. It was reported that investigations were carried out in 2009 to identify the possible presence of HCB in fireworks. The Netherlands found that 15% of the fireworks investigated (26 samples) contained HCB in a range of 11 to 12,000 ppm per sample. The largest amount of HCB identified was 5.5 grammes. Further investigations were undertaken in 2010, indentifying a batch of single shot tubes containing HCB. However, the Netherlands indicated that this was not an EU certified product. In 2011 tests on fireworks articles to detect HCB levels were continued and 11 articles were selected and tested. In only one product HCB was present at a level between the detection limit and the allowed limit of 50mg/kg (below contamination level). HCB was not detected in the remaining ten products. It is of note that the nine chemicals added to the POP Regulation through Regulation (EC) No 757/2010 have mainly been used in consumer products. Polybrominated diphenyl ethers (PBDEs) In 2009 the Stockholm Convention added four PBDE congeners to Annex A (banned) of the Convention. These congeners are typically found within the commercial pentabrominated diphenyl ether (C-PentaBDE) and commercial Octabrominated diphenyl ether (C-OctaBDE). Within the EU these commercial products had already been banned since 2004 through Directive 2003/11/EC regarding the marketing and use of certain dangerous substances. However, potential for environmental release is still an issue due to the long service life of equipment treated with these substances plus the potential for trace contamination where recycling and use of plastics may take place outside of the EU. Regulation (EC) No 757/2010, which updates the POP Regulation, includes the prohibition for intentional production and sale of C-PentaBDE and C-OctaBDE through addition to Annex I of the POP Regulation. The addition of these congeners also allows specific provisions within the regulation to manage legacy issues and trace contamination. Derogations are allowed in the following conditions: ·Concentrations of the substance equal to or below 10mg/kg, in substances, preparations, articles or as constituents of flame-retarded parts of articles; or ·Articles and preparations containing concentrations below 0.1% by weight when produced partially or fully from recycled materials or materials from waste prepared for re-use; or

·For electrical and electronic equipment within the scope of Directive 2002/95/EC. Both Spain and Ireland reported that PBDEs sampling and monitoring programmes are in place for the marketing of goods. Additionally, Member States also provided information on the POPs added to the POP Regulation since 2011 within the Article 12 responses. These include the following substances. Endosulfan A ban of the production of endosulfan was agreed under the Stockholm Convention in April 2011 and took effect in December 2012 with five-year exemptions for specific uses. Commission Regulation (EU) 519/2012 amending the POP Regulation allows the placing on the market and use of articles (produced on or before 10 July 2012) containing endosulfan as a constituent until 10 January 2013. In addition, a review of the Member States’ National Implementation Plans provides further information on endosulfan and its use during the reporting period: ·In its National Implementation Plan, Austria indicated that Endosulfan was banned in 2006. ·Finland indicated that it has been providing technical support to phase out the use of Endosulfan in Nepal since 2012. ·While Romania does not produce endosulfan, it has imported endosulfan and used it as a rodenticide product. As of January 2012, 41,700 litres of pesticide containing endosulfan were imported into Romania for commercial use. The provisions of regulation EC 519/2012 which came into force on the 10 July 2012 provide exemptions for use of goods already on the market with a set phase-out period after which further use is prohibited. Hexachlorobutadiene Hexachlorobutadiene is included in Part B of Annex I of the POP Regulation. The placing on the market and use of articles (produced on or before 10 July 2012) containing the substance was allowed until January 2013. Similarly, the placing on the market and use of articles already in use before July 2012 is allowed. In their reports, Belgium and Lithuania included information on monitoring of HCBD. Belgium indicated that surface water quality is subject to regular monitoring during the year. Since 2001, for a range of POPs, measurements are taken 5 times a year or 12 times per year if the substance has been identified as problematic. HCBD is included in the list of substances being measured. Lithuania indicated that in 2011 and 2013 all HCBD concentrations in surface waters were below the limit of quantification. Samples were taken 12 times per year at 16 stations for determining concentrations in the inland waters 1 time per year – for determining concentrations in the sediments. Short Chained-Chlorinated Paraffins SCCPs are a group of industrial chemicals used in metalworking, and the formulation and manufacturing of products such as polyvinyl chloride (PVC) plastics and leather working. They are persistent and have been found in remote areas such as the Arctic. SCCPs can accumulate to levels that are toxic to fish and other aquatic organisms. 4.4Export of goods Export of hazardous chemicals for the period 2010 – 2012 was controlled by the prior informed consent (PIC) Regulation (EC) No 689/2008 on the export and import of dangerous chemicals. This was subsequently superseded by Regulation (EU) No 649/2012, which entered into application on 1 March 2014. Regulation (EU) No 649/2012 carries the same provisions as the predecessor but is better aligned with the REACH Regulation. Both the PIC Regulation and its predecessor (which covers the 2010 – 2012 reporting period) prohibit the export of POP substances listed in Annexes A and B of the Stockholm Convention (aldrin, chlordane, dieldrine, DDT, endrin, heptachlor, hexachlorobenzene, mirex, toxaphene and polychlorinated biphenyls). Furthermore, the PIC Regulation implements, within the European Union, the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade. Finally, the parties to the Basel Convention on transboundary movements of hazardous waste and its disposal are required to submit annual information on movement of hazardous waste, including POP substances. The European Chemicals Agency (ECHA) keeps a record of import and export notifications of certain substances to and from the EU. Exporters and importers of chemicals subject to the PIC Regulation need to provide to their national competent authority information on the exact quantities of the chemical (as a substance or contained in articles or mixtures) which is shipped to or from each non-EU country during the preceding year. Article 12 of the POP Regulation on reporting asks Member States to provide annual data on chemicals listed in Annex I or II of the POP Regulation produced or placed on the market during the period covered.

As already described earlier, the largest export concerns PFOS (5,800 kg), exported mainly from Germany to countries and territories outside the EU, which includes: ·Australia 100 kg ·Brazil 390 kg ·Hong Kong 225 kg ·India 25 kg ·Republic South Korea 1,576 kg ·Singapore 150 kg ·South Africa 350 kg ·Switzerland 0.2 kg ·Taiwan 250 kg ·Thailand 0.1 kg ·Turkey 700 kg ·USA 2,000 kg Other POP substances were exported as part of articles and waste for final elimination. In the second synthesis report, some Member States only considered the export of commercial goods, excluding the export of waste for final destruction. It is unclear from the Article 12 reports submitted for 2010-2012 if there is now a common interpretation of export or if some Member State have again not reported waste. More information on POPs in waste is reported under ‘stockpiles’ (chapter 5). The information reported by Member States is summarised in Table 4.7 below. Table 4.7 Overview of POP exports in articles or as waste reported by Member States Member State Name of the substance Type of equipment Year Quantity (unit) Quantity (kg) Exported to Bulgaria Phased-out equipment containing PCB Power transformers 2010 9 29,075 Netherlands Power transformers 2010 16 87,540 Belgium Total power transformers 2010 25 116,615 Power capacitors 2010 3,839 144,902 Netherlands Power capacitors 2010 346 19,168 Belgium Total power capacitors 2010 4,185 164,070 Total PCB Wastes Transformers, capacitors 2010 4,210 280,685 Belgium,

Netherlands Obsolete pesticides Undefined 2010 - 4,352 Germany France Dieldrin Scientific analysis and research 2012 - 1 Morocco Undefined – inspection procedure initiated 2012 - 40 Egypt Romania Oil containing PCBs Oil containing PCBs 2010 - 83,800 Germany Oil containing PCBs 2011 - 41,400 Germany Slovenia Waste Equipment containing PCB Transformers 2010-2012 7 - Germany,

France,

Austria Capacitors 223 4,286 Other equipment 15 9,622 Total equipment 232 13,258 United Kingdom PFOS Undefined 2010 - 0.30 Ireland Lindane Undefined 2010 - 175 South Korea Based on the information reported by Member States, five Member States have exported POP substances during the 2010-2013 reporting period. These exports consisted of POP substances (i.e. PFOS and pesticides) and of waste (i.e. waste equipment containing PCBs). It is unclear whether the export of lindane from the United Kingdom is in compliance with the requirements of the Regulation, because of the lack of information on the final destiny in the United Kingdom response. Export is only allowed for destruction. Similarly, the export of dieldrin from France to Egypt was highlighted in the French report as a possible infringement. Indeed France reported that considering the quantities reported (i.e. 40 kg), this export does not comply with the exemption for less than 10 kg or for research or calibration. Inspection services have been requested to investigate this issue.

5.Stockpiles The POP Regulation includes provisions for POPs or products that contain POPs already manufactured and sold but no longer permitted for use. These are considered as ‘stockpiles’ of materials which have to be managed before their final destruction in order to prevent release to the environment. Article 5 of the POP Regulation covers provisions for stockpiles as detailed in the information box below: Article 5 of the POP Regulation foresees that: 5.1 The holder of a stockpile, which consists of or contains any substance listed in Annex I or Annex II, for which no use is permitted, shall manage that stockpile as waste and in accordance with Article 7. 5.2 The holder of a stockpile greater than 50 kg, consisting of or containing any substance listed in Annex I or Annex II, and the use of which is permitted shall provide the competent authority of the Member State in which the stockpile is established with information concerning the nature and size of that stockpile. Such information shall be provided within 12 months of the entry into force of this Regulation and of amendments to Annexes I or II and annually thereafter until the deadline specified in Annex I or II for restricted use. The holder shall manage the stockpile in a safe, efficient and environmentally sound manner. 5.3 Member States shall monitor the use and management of notified stockpiles. Three main types of stockpiles were reported by Member States during the 2010-2013 reporting period: ·PCBs in di-electric equipment; ·Obsolete pesticides; and ·Waste articles containing POPs (in particular pesticide treated goods, and waste electrical plastics). While the purpose of this report is to analyse the responses from Member States given in annual and triennial reports covering the 2010-2013 period, the NIPs were also considered to obtain additional information. 5.1Stockpiles of PCB-containing equipment PCBs were commercially produced world-wide on a large scale between the 1930s and 1980s. Given their extraordinary chemical stability and heat resistance, they were extensively employed as components in electrical and hydraulic equipment and as lubricants. However, since 1985, the marketing and use of PCBs in the European Union has been very heavily restricted and eventually banned. Directive 96/59/EC on the disposal of PCBs and PCTs covers the safe and complete disposal of PCBs and equipment containing PCBs and PCTs. Member States are required to develop a register of larger size equipment containing PCBs (i.e. over >5kg) and have to adopt a plan for disposal of inventoried equipment. In addition, they have to define processes for the collection and disposal of non-inventoried equipment (e.g. small electrical equipment that can be present in household appliances). Member States were required to dispose of larger equipment by the end of 2010. Following the requirements of Directive 96/59/EC, PCB registers must include 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 types of treatment planned; ·the date of the declaration. Any equipment in PCB registers must be labelled. Moreover, Member States must take the necessary measures to ensure that: ·PCBs, used PCBs and equipment containing PCBs which are 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; ·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. Furthermore, in 2001 the Commission adopted a Strategy on Dioxins, Furans and PCBs aimed at reducing the release of these substances in the environment and their introduction in the food chains. The Article 12 information reported by Member States on stockpiles of PCB-containing equipment is summarised in Table 5.1 shown below. Table 5.1 Overview of stockpiles of PCBs containing equipment Member State Year Type of equipment Number of pieces of equipment Content mg/kg Quantity / Volume Czech Republic 2010 Used or waste PCBs - Waste catalogue codes: 13 01 01, 13 03 01, 16 01 09, 16 02 09, 16 02 10, 17 09 02) - - 5,104 tonnes Liquid, fluid or oil 8,011 - 459 tonnes 2010-2012 Equipment used by private companies 22,914 - - Ireland 2010 Confirmed or suspected PCB liquid or PCB contaminated liquid - >50 255,639 litres 2011 - 50-500 107,355 litres 2012 - 50-500 57,532 litres 2011 Not permitted PCB stockpile of contaminated material - >500 9,219 litres 2012 - >500 11,500 litres Lithuania 2010 PCB containing Equipment 875 Not specified 312 tonnes 2011 PCB containing equipment 61 Not specified 19 tonnes 2012 PCB containing equipment in service 8 Not specified - Romania 2010 Transformers - in service 713 50-500 587,504 litres 2010 Capacitors - in service 67,844 50-500 403,066 litres 2010 Transformers - not in service 83 50-500 31,608 litres 2010 Capacitors - not in service 36,978 50-500 183,168 litres 2011 Transformers - in service 605 Not specified 482,875 litres 2011 Capacitors - in service 50,558 Not specified 385,410 litres 2011 Transformers - not in service 44 Not specified 22,736 litres 2011 Capacitors - not in service 17,381 Not specified 144,566 litres Slovenia 2010-2012 Transformers 7 Not specified Not specified 2010-2012 Capacitors 223 Not specified 4,286 kg 2010-2012 Other equipment 15 Not specified 9,622 kg 2010-2012 Total equipment 232 Not specified 13,258 kg The information reported by Member states has different levels of detail. For example, Romania provided information on whether the PCB equipment was in use or not and on the actual presence of PCBs based on the minimum/maximum share of PCBs in the contaminated oil. The Czech Republic included details on the waste code of the PCB equipment, while Slovenia’s inventory provides information per region. Finally, Romania and Slovenia provided details on the type of PCB-containing equipment. In its triennial report, Slovenia indicated that some of the stockpiles of PCB containing equipment were still in use. It reported that tested PCB containing equipment which does not show any leakage and is operating safely can still be used. All other PCB containing equipments should have been disposed of by 31 December 2010. However, due to economic difficulties, some of the identified PCB containing equipment has not yet been disposed. Further information on PCB stockpiles was included in Member States’ NIPs and is summarised in Table 5.2 below. Table 5.2 Overview of stockpiles of PCB included in NIP Country Year Summary Denmark 2012 Denmark NIP (2012) reports that in 2010 less than 10 tonnes of PCB would remain, split between 5 buildings. However, the continued presence of PCB indicates that previous assessments were underestimated, in particular concerning PCBs in buildings which were built or renovated between 1950 and 1977. France 2012 In France, a detailed schedule for decontamination of equipment containing more than 500 mg/kg of PCB/PCT was adopted. It defined specific milestones until 2010. Since 2011, the Environment Ministry has worked to modify the rules surrounding the ownership and treatment of polluted equipment containing 50 to 500 mg/kg PCB. All installations authorised for decontamination and destruction of equipment containing PCB were inspected in 2011. Germany 2010 The NIP indicates that 2 PCB contaminated transformers with exemptions were still operated up to 2010. Moreover, a survey carried out for the European Commission discovered PCB contaminated transformers that had been overlooked in the previous inventory and for which disposal plans have been adopted. Hungary 2010 Around 300 tonnes of PCB containing equipment was identified in the country and is in the process of being destroyed. Hungary indicated that the destruction should have been completed by the end of 2010. Ireland 2012 In 2012 the PCB register included 27 confirmed large holdings (11,500 litres) and 90 suspected large holdings (32,500 litres). Poland 2013 By the end of 2010 there were 8 waste storage sites with PCBs that were to be removed; this represented 801,676 tonnes of waste containing di-electric equipment with fill size capacity of more than 5dm3 (5 litres). Romania 2012 In 2010 there were stockpiles of PCB containing equipment that had not been disposed of. Most of them were located in companies in uncertain legal situation (i.e. litigation, insolvency or bankruptcy) and in installations where the operators did not have financial funds necessary to process their elimination. 68,000 pieces of equipment containing PCB were listed in the inventory in 2011. United Kingdom 2012 77 companies registered their equipment in England and Wales in 2011. There are a total of 45,047 items of registered equipment, of which 380 are held by companies in Wales. 5.2Stockpiles of obsolete pesticides Member States are required to manage stockpiles of obsolete pesticides, i.e. pesticides containing POP substances whose production, placing on the market or use are prohibited. The table below presents the information in Member States’ reports. Table 5.3 Overview of stockpiles of obsolete pesticides reported by Member States Member State Year Quantity Comments Bulgaria 2010 4.3 tonnes Exported to Germany for disposal Hungary 2010-2012 200 tonnes Estimated that 5-20% of the contaminated sites identified are contaminated by POPs. Treatment is destruction in waste incinerator. Lithuania 2011 2.5 tonnes Disposed of goods stored within warehouses United Kingdom 2011-2012 88.5 kg 315kg of lindane containing products (equating to 88.5kg of lindane) were identified and destroyed.

Only four Member States included information on stockpiles of obsolete pesticides in their reports. The quantities of obsolete pesticides reported vary between 88 kg in the United Kingdom to 200 tonnes in Hungary. All Member States indicated that the pesticides reported were destroyed, either nationally or by export to neighbouring Member States. Hungary indicated that the destruction of obsolete pesticides is one of its national priorities. These materials will be incinerated in hazardous waste incinerators. In the second synthesis report Hungary also referred to the difficulty in identifying POPs pesticides within the waste chain, and estimated that between 5% and 20% of its waste stockpiles contained obsolete pesticides (including POPs). Bulgaria, Lithuania and Hungary also reported stockpiles of obsolete pesticides in the previous reporting period (2007-2009). For these three Member States the quantities of pesticides reported during the 2010-2013 period are lower than during the 2007-2009 period, indicating that phase out of stockpiles is progressing. The International HCH and Pesticides Association in 2008 published a study that estimated the presence of around 30,000 tonnes of obsolete POPs containing pesticides in the EU-25. The estimates were calculated based on the information in Member States NIPs in the previous reporting round. A review of the NIPs available on the Stockholm Convention website highlighted additional information for Member States, including those that have not reported annual and / or triennial information. Table 5.4 summarises the information on stockpiles of pesticides for the years covered by this report. Austria indicated that they were reviewing their stockpile levels, while eight Member States (Czech Republic, Denmark, Ireland, Croatia, Cyprus, Netherlands, Poland and United Kingdom) reported that they do not have stockpiles of obsolete pesticides. According to the information included in the NIPs, Belgium, Bulgaria, Latvia, Lithuania, Hungary, Slovenia and Slovakia have stockpiles of obsolete pesticides. Most reported that management plans have been adopted to for their safe disposal. Table 5.4 Overview of stockpiles of obsolete pesticides included in NIP Country Year Substance Summary Austria 2012 Endosulfan Sales figures for endosulfan have reduced between 1992 and its ban in 2006. Austria indicated that the situation of stockpiles shall be reviewed further. Belgium 2009 Lindane and heptachlor Four stocks containing Lindane and one containing Heptachlor were found in Belgium. A company has been contacted to undertake an ecological treatment. 2011 - A total of 140 inspections were carried out throughout Belgium. The inspections included 40 supermarkets, 55 DIY stores, 22 garden centres, 4 pet stores, 4 paint/decoration stores, 1 dry-cleaner, 2 bathroom stores, 2 lumber traders and 10 others. A total of 4,045 products were checked and no POP substances were identified. Bulgaria 2011 All Bulgaria indicated holding obsolete pesticides stockpiles: ·377 warehouses containing 6,067 tonnes ·92 centralised warehouses containing 4,467 tonnes ·285 municipal warehouses , containing 1,600 tonnes ·Stored in 1,889 BB-cubes (concrete storage vessels): 7,556 tonnes The total amount of safeguarded obsolete pesticides, stored in warehouses and in BB cubes is 12,023 tonnes. The total quantity of obsolete pesticides is 13,623 tonnes. Around 300 tonnes of obsolete pesticides are planned to be destroyed. Bulgaria exported 82 tonnes of pesticides to Germany for distruction. 2012 All The quantities of obsolete pesticides have increased from 7,416 tonnes in 2001 to 13,623 tonnes in 2011. However, were measures adopted for their safe disposal and custody. Bulgaria indicated that the quantity of obsolete pesticides, stored in newly-built and repaired state and municipal warehouses and disposed of in BB cubes, has increased from 1,851 tonnes in 2001 to 12,023 tonnes in 2011. Croatia 2012 - The inventory of POPs pesticides has not detected any stockpiles. Cyprus 2012 - According to the records and inspections carried out by the Department of Agriculture in factories and stores of agricultural products, there are no stockpiles of the chemicals listed in Annexes A and B of the Convention. Czech Republic 2012 - The NIP suggests that all obsolete pesticides were incinerated in the mid-1990s, mainly by sending to the United Kingdom for destruction. Denmark 2012 All Denmark indicated that activities are ongoing to remove pollutants (primarily parathion) from a 22,000 m2 area depot used to store pesticides. It is unlikely that there are any stocks of obsolete POP pesticides in Denmark. Hungary 2010 All Surveys conducted from 2002 to 2004, identified around 60 tonnes of pesticide waste assumed to contain POPs. This waste is being managed for destruction. As of 2010, the Hungarian government was implementing a 2 - 3 years plan to destroy around 300 tonnes of remaining obsolete pesticides. Netherlands 2011 - The Dutch NIP only covers the period 2005 – 2008. It does address the issue of land contaminated with obsolete pesticides but not obsolete pesticides stockpiles. The Netherlands did not provide data on stockpiles of obsolete pesticides. Poland 2013 - There are no stockpiles of POPs-containing pesticides in Poland. Slovakia 2011 All The NIP reported 59 tonnes of obsolete pesticides in Slovakia, part of an active plan for distruction. Slovenia 2009 All The identification of obsolete pesticides containing POPs is part of the action plan in the Slovenian NIP. Based on surveys with agro-retailers, no obsolete pesticides containing POPs are being sold. In addition, a survey with the agricultural community in the framework of the Slovenian NIP (dated 2009) (26% response rate), indicated that there was still use of DDT. However the NIP suggested that only very low quantities remain (i.e. approximatively 90 kg). Sweden 2012 All Sweden indicated having carried out the early phase-out of both the previous and the newly listed POPs pesticide substances and due to its capacity for incineration of hazardous waste, it estimates that there are no stockpiles or waste of these substances. United Kingdom 2011-2012 Lindane In 2011/2012 the Environment Agency (England and Wales) instigated the destruction of 315 kg of redundant lindane products, equating to 88.5 kg of lindane.

5.3Phase out of stockpiled goods According to Commission Regulation (EU) 519/2012, endosulfan, hexachlorobutadiene, polychlorinated naphtalenes and short chain chlorinated paraffins should be phased out; Annex I of the POP Regulation sets the deadline of January 2013. No information was included in Member States’ reports on stockpiles of these four substances. Nevertheless, the review of the NIPs submitted by Member States provided some information on phase out of stockpiled goods (see Table 5.5 below). Table 5.5 Overview of stockpiles of obsolete pesticides included in NIP Country Year Substance Summary Belgium 2013 PFOS Belgian authorities received 32 notifications for PFOS containing fire fighting foams. This amounted to 704 tonnes of goods with a PFOS content of between 0.01% and 6% wt/wt concentration. As part of compliance checking, it owners of these goods needed to provide documentation for proof of removal. Continued use of these materials was not allowed. Germany 2012 PFOS The German authorities indicated the existence of PFOS stockpiles at three sites, that were being managed in a suitable way. 58.7 kg of a mixture contaning 45% PFOS was stored at two sites. Additionally a solution of 100% PFOS amounting to 49.7 kg was being stored at one further site. Ireland 2012 PBDEs Ireland carried out a study on the presence of PBDEs in PUR foams that ended up in waste streams in 2011. No detectable quantities of PentaBDE were found. 2012 PFOS The Environment Protection Agency organised limited sampling and analysis of bulky waste to identify PFOS in upholstery and carpets. It found very low or undetected levels of PFOS in waste such as carpets, mattresses and upholstery. Romania 2012 PBDEs In January 2010 there were 1,750 kg of PBDE contained within stockpiles of articles in Romania. In addition, in 2009 around 1 tonne of PFOS was included in articles. 6.Waste Management and Storage The end of life management of stockpiled goods that contain POPs, as well as waste management for POPs within waste streams are covered by Article 7 of the POP Regulation. Annex IV and V provide maximum thresholds and accepted means of disposal. The requirements of Article 7 of the POP Regulation are provided by the information box below: Article 7 of the POP Regulation covers the management of waste materials, so that 7.1 Producers and holders of waste shall undertake all reasonable efforts to avoid, where feasible, contamination of this waste with substances listed in Annex IV. 7.2 Notwithstanding Directive 96/58/EC, waste consisting of, containing or contaminated by any substance listed in Annex IV shall be disposed of or recovered, without undue delay and in accordance with Annex V, part 1 in such a way as to ensure that the persistent organic pollutant content is destroyed or irreversibly transformed so that the remaining waste and releases do not exhibit the characteristics of persistent organic pollutants. In carrying out such a disposal or recovery, any substance listed in Annex IV may be isolated from the waste, provided that this substance is subsequently disposed of in accordance with the first subparagraph. 7.3 Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use of the substances listed in Annex IV shall be prohibited. 7.5 Concentration limits in Annex V, part 2 shall be established for the purposes of paragraph 4(b) before 31 December 2005 in accordance with the procedure referred to in Article 17(2). 7.6 The Commission may, where appropriate, and taking into consideration technical developments and relevant international guidelines and decisions and any authorisations granted by a Member State, or the competent authority designated by that Member State in accordance with paragraph 4 and Annex V, adopt additional measures relating to the implementation of this Article. The Commission shall define a format for the submission of the information by Member States in accordance with paragraph 4(b)(iii). Such measures shall be decided in accordance with the procedure laid down in Article 17(2). 7.7 The Commission shall, before 31 December 2009, review the derogations in paragraph 7(4) in the light of international and technical developments, in particular with regard to their environmental preferability. Article 7 (4) on derogations states: waste containing or contaminated by any substance listed in Annex IV may be otherwise disposed of or recovered in accordance with the relevant Community legislation, provided that the content of the listed substances in the waste is below the concentration limits to be specified in Annex IV before 31 December 2005, in accordance with the procedure referred to in Article 17(2). Until such time as concentration limits are specified in accordance with such procedure, the competent authority of a Member State may adopt or apply concentration limits or specific technical requirements in respect of the disposal or recovery of waste under this subparagraph; the substances listed in Annex IV shall be prohibited. a Member State or the competent authority designated by that Member State may, in exceptional cases, allow wastes listed in Annex V, part 2 containing or contaminated by any substance listed in Annex IV up to concentration limits to be specified in Annex V, part 2, to be otherwise dealt with in accordance with a method listed in Annex V, part 2 provided that: §(i) the holder concerned has demonstrated to the satisfaction of the competent authority of the Member State concerned that decontamination of the waste in relation to substances listed in Annex IV was not feasible, and that destruction or irreversible transformation of the persistent organic pollutant content, performed in accordance with best environmental practice or best available techniques, does not represent the environmentally preferable option and the competent authority has subsequently authorised the alternative operation; §(ii) this operation is in accordance with the relevant Community legislation and the conditions laid down in relevant additional measures referred to in paragraph 6; and §(iii) the Member State concerned has informed the other Member States and the Commission of its authorisation and the justification for it. 6.1Management of waste stockpiles 6.1.1Introduction and background Annex IV of the POP Regulation lists the substances subject to waste management provisions; these are the same substances listed in Annex I, II and III (Banned, Restricted, unintentionally produced) of the Regulation. Annex IV also includes the concentration limits above which the provisions of Article 7 apply, including the destruction or irreversible change of the waste to remove the POPs characteristics. Annex V provides the appropriate waste management options for meeting the obligations of Article 7 of the POP Regulation. In 2007 the POP Regulation was amended by Council Regulation (EC) 172/2007 to include the concentration limits in Annex IV. The POP Regulation was further amended by Commission Regulation (EC) 323/2007 and Commission Regulation (EC) 304/2009, which included additional measures for pre-treatment of waste and aligned the waste management options in Annex V with the requirements of the Basel Convention for metals production. The POP Regulation was further updated by Commission Regulation (EU) 1342/2014 to expand the list of substances in Annex IV (in line with Annexes I, II and III) and also to expand the number of management options in Annex V.

6.1.2Management of old stockpiles In line with the nature of the substances in Annexes I-III of the POP Regulation, waste stockpiles for final destruction / irreversible transformation in the period 2010-2013 concern three key sources: ·Polychlorinated biphenyls (PCBs) contained in the heat transfer fluids of di-electric equipment; ·Obsolete pesticide products collected for final destruction, particularly DDT and lindane; ·PBDEs contained in plastics and foams waste, particularly those plastics contained in electronics / end of life vehicles. The Article 12 reports submitted by Member States focused on information on stockpiles themselves (as discussed in chapter 5 on stockpiles). There is less information on how they have been managed (for example, via destruction). However, some information can be gathered from review of the national implementation plans. PCB containing di-electric Chapter 5.1 reports the obligations for Member States on PCB containing equipment following Directive 96/59/EC on PCBs. The review of the previous synthesis report and of national implementation plans suggests that a great deal of work has already been completed for the identification, removal and destruction of PCB containing equipment. Stockpiles of equipment contaminated by PCBs remain in five Member States (Czech Republic, Ireland, Lithuania, Romania and Slovenia) (see chapter 5), but they are likely covered by programmes of final destruction. The Article 12 reports provide limited information on the progresses of destruction. Only one Member State (Romania) reports the quantities of oils that contain PCBs and that were destroyed for the period 2010-2013 (see Table 6.1). Additionally, Portugal stated within its national implementation plan (2006) that a programme of work was in place to export equipment containing PCBs to Germany for destruction. It is unclear whether this programme was completed by 2013. Table 6.1 Quantities of PCB destroyed within the EU Member State Type of stockpiles Number of pieces of equipment Year Comments Romania Oil containing PCB 83 tonnes 2010 Destroyed in Germany Romania Oil containing PCB 41 tonnes 2011 Destroyed in Germany Obsolete pesticides and veterinary products The POP Regulation includes 15 pesticide-based substances in Annexes I, II and III, with many of these substances banned or phased out more than three decades ago. Based on the review of national implementation plans, the key obsolete pesticides of concern are lindane and DDT, for which some stocks still require destruction. Chapter 5 on stockpiles (in particular Tables 5.3 and 5.4) provide details on the quantities of obsolete pesticide destroyed in the period between 2010 and 2013. This largely relates to a small quantity of lindane containing products (315 kg) destroyed by the United Kingdom in 2011/2012. The reason for this may be that many Member States either never manufactured/used large quantities of POP pesticides or began phase out programmes early. Sweden states in its national implementation plan that it phased out the POP pesticides early, so that stockpiles are not expected to exist. Seven Member States (Czech Republic, Denmark, Croatia, Cyprus, Netherlands, Poland and Sweden) report that no remaining stockpiles of obsolete pesticides exist within their territory. For another five Member States (Germany, Greece, Portugal, Romania and Finland,) the situation is unknown. The competent authority of Austria is investigating this issue. Based on the Article 12 reports and the review of national implementation plans two key methods are being adopted for the final disposal of obsolete pesticides, namely: ·Active stockpiling and destruction of obsolete pesticides, ·Secure storage of pesticide goods for later management. Table 5.4 reports actions for destruction of obsolete pesticides as part of the national implementation plans in Bulgaria, Hungary, Slovenia and Slovakia.

PBDEs flame retardants within plastics and foams Four PBDE congeners were added to both the Stockholm Convention (2009) and POP Regulation (2010). While the commercial products carry the name of a specific congener (C-PentaBDE and C-OctaBDE), in reality they are mixtures containing various substances from tetraBDE to NonaBDE. Globally, C-PentaBDE and C-OctaBDE were phased out in 2004, but, because of their use in plastics and the PUR foams used in soft furniture, they represent a significant legacy issue in waste. The use of C-OctaBDE in the plastics sector for electrical goods is also covered at EU level by the Directive on Waste Electrical and Electronic Equipment (WEEE) (2012/19/EU). The Article 12 reports submitted by Member States contain limited information on final destruction of PBDEs. However, the German national implementation plan (2012) estimated a volume of 3.4 tonnes of C-PentaBDE and 2.6 tonnes of C-OctaBDE present in end of life vehicles in 2010. In Germany these materials are not recycled but destroyed. Based on research by UBA (2012), Germany also estimated PBDE concentrations in plastics from waste electrical equipment of 0.12% of the total plastic fraction. 1,400 tonnes of such waste were generated in Germany in 2008. Based on two different methods of calculation, the potential quantity of C-OctaBDE within the waste stream for plastic in electronic waste ranges from 1.7 to 35.6 tonnes per annum. 6.2Identification of contaminated sites Article 7 of the POP Regulation covers management of wastes contaminated with POPs, but it does not specifically cover contaminated land. However, there is a potential problem of soil contamination where POPs substances were previously manufactured and used. A number of national implementation plans cover the topic of contaminated land and activities to address the issue. These activities usually consisted of excavation, which generated contaminated waste that needs to be managed following Article 7 of the POP Regulation. In its national implementation plan (2008), Lithuania states that, while programmes for the destruction of obsolete pesticides had been successful, there is a significant and longer term issue related to buried pesticides at three sites within the country - Zigmantiskes, Bausiskes and Kretinga - with total quantities estimated at 950 tonnes of obsolete pesticides. The Lithuanian Geological Service initiated a preliminary environmental assessment (soil and groundwater sampling) at 41 former pesticides storage places. In 24 sites detailed investigations were performed, including an assessment of the level of contamination of the soil and groundwater. Municipalities implementing the National programme on POP’s management for 2010–2015 initiated the clean-up of contaminated sites, which included cleaning 19,000 tonnes of soil contaminated by POPs. Germany states in its national implementation plan (2012) that approximately 271,000 suspected contaminated sites were identified. This was an estimation and only a part of these sites were or are contamindated by POPs. Information regarding the use of those sites and the type of contamination is available from the German local authorities (Länder). The national implementation plan highlights that the manufacture of lindane generated large quantities of waste contaminated by alpha HCH and beta HCH, which was disposed of in surface facilities, such as landfills. Vijgen (2006) estimated that around 390,000 – 450,000 tonnes of HCH residues were present within contaminated soils in Germany. In its national implementation plan (2011), the Netherlands states that, to identify all actual and potential cases of soil pollution in the Netherlands, the central government, provinces and municipalities carried out the Landsdekkend beeld (nationwide picture) project. The project culminated in 2005 with the revelation that the soil in the Netherlands was possibly polluted at more than 600,000 locations. This number was also an estimation and the actual number of sites contaminated by POPs is smaller. The Netherlands reports another episode of soil contamination, which predates the 2010-2013 period. Between 2006 and 2008, 640 tonnes of soil contaminated with DDT had been reported. This material had come from a municipality, a demolition company and project developer. Denmark discusses in its national implementation plan (2012) the issue of landfill leachate and loss to the environment. A sampling programme of landfill leachates within Denmark detected concentrations of PFOS around 3.8 ng/l of leachate. In its national implementation plan (2013), the United Kingdom reports that during the Buncefield fire incident in 2005 firefighting foams, containing approximately 0.5 tonnes of PFOS were used, resulting in a contamination of the land that will require management in future years. Based on the review of national implementation plans Table 6.2 provides information of where specific POPs are mentioned with regard to contaminated sites. Table 6.2 Discussion of contaminated land sites within national implementation plans Member State Date of National Implementation Plan POPs named in relation to contaminated land sites Austria 2012 PAHs Belgium 2012 PAHs, PCB Bulgaria 2012 None reported Croatia 2009 None reported Cyprus 2014 PCB Czech Republic 2006 PCB, DDT Denmark 2012 PCB, PFOS Estonia 2012 None reported Finland 2012 PCB, Dioxins and Furans France 2012 Chlordecone Germany 2012 Alpha HCH, Beta HCH Greece - No NIP Hungary 2010 None reported Ireland 2012 None reported Italy - No NIP Latvia 2007 DDT Lithuania 2008 DDT, HCB Luxembourg 2006 No data Malta - No NIP Netherlands 2011 DDT, PBDEs Poland 2013 DDT, Alpha HCH, Beta HCH, Lindane Portugal 2006 None reported Romania 2012 Alpha HCH, Beta HCH, Lindane Slovakia 2013 None reported Slovenia 2006 DDT, PCB, Endrin, Dieldrin Spain 2013 DDT, Lindane, PCB Sweden 2012 Dioxins and Furans, PCB United Kingdom 2013 PFOS 6.3Derogations Article 7 of the POP Regulation sets out how waste containing POPs should be managed, in particular by prohibiting the re-use/recycling and requiring destruction or irreversible change of POPs contained in the waste. Article 7(4) however sets a derogation for management and disposal of such waste for the activities included in Annex V part 2, provided the POPs concentration in the waste does not exceed the limits set in Annex IV. The derogation mostly applies to ashes, slags and combustion materials from a range of different processes. The alternative method of disposal in Annex V part 2 is described as: “Permanent storage only in: – safe, deep, underground, hard rock formations, – salt mines or – a landfill site for hazardous waste (provided that the waste is solidified or stabilised where technically feasible as required for classification of the waste in subchapter 19 03 of Decision 2000/532/EC)” In order to use this derogation, Member States are required to provide notifications and their justifications to the Commission. The review of the previous synthesis report showed that two Member States made use of this derogation (Table 6.3). Table 6.3 Derogations sought in the second synthesis report Member State Year Product Amount (tonnes) Type of disposal Germany 2008 PCB containing construction and demolition waste 50 underground disposal site for hazardous wastes Finland 2009 Soil contaminated with PCDD/Fs 2000 disposal, after a treatment by stabilisation at a landfill for hazardous waste

No information on new derogations has been identified for the period 2010-2013. 7.Environmental releases The release of POPs, particularly of those substances included in Annex III as unintentionally produced POPs, represents a key issue for management of environmental concentrations. The development of emission estimates for specific sources provides to Member State Competent Authorities a key evidence base for addressing environmental emissions of POPs. Article 6 of the POP Regulation details what action Member States need to take to reduce, minimise and eliminate POPs emissions (see information box below). Article 6 of the POP regulation covers the release reduction, minimisation and elimination of POPs: 6.1 Within two years of the date of entry into force of this Regulation, Member States shall draw up and maintain release inventories for the substances listed in Annex III into air, water and land in accordance with their obligations under the Convention and the Protocol. 6.2 A Member State shall communicate its action plan on measures to identify, characterise and minimise with a view to eliminating where feasible as soon as possible the total releases developed in accordance with its obligations under the Convention, to both the Commission and the other Member States as part of its national implementation plan, pursuant to Article 8. The action plan shall include measures to promote the development and, where it deems appropriate, shall require the use of substitute or modified materials, products and processes to prevent the formation and release of the substances listed in Annex III. 6.3 Member States shall, when considering proposals to construct new facilities or significantly to modify existing facilities using processes that release chemicals listed in Annex III, without prejudice to Council Directive 1996/61/EC 1, give priority consideration to alternative processes, techniques or practices that have similar usefulness but which avoid the formation and release of substances listed in Annex III. Article 9 of the POP regulation covers the obligations on Member States for monitoring: The Commission and the Member States shall establish, in close cooperation, appropriate programmes and mechanisms, consistent with the state of the art, for the regular provision of comparable monitoring data on the presence of dioxins, furans and PCBs as identified in Annex III in the environment. When establishing such programmes and mechanisms, due account shall be taken of developments under the Protocol and the Convention. 7.1Identifation of sources and development of source inventories A core requirement of the POP Regulation is the development and maintenance of emission inventories for the substances included in Annex III of the Regulation (dioxins and furans, PCBs, hexachlorobenzene, PAHs and pentachlorobenzene). These inventories are intended to provide information on source characterisation and emission trends for releases to air, land and water. The development of such inven