EUROPEAN COMMISSION Brussels, 16.9.2022 SWD(2022) 291 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(2022) 463 final}



Table of contents Table of contents Preface 1.Introduction and background 2.Approach to update and structure of this document 2.1Structure of the report 2.2Sources of information 3.Production 4.Placing on the market of Annex I and Annex II substances, use and export 4.1Introduction 4.2PFOS – placing on the market, use and export 4.3Substances other than PFOS – placing on the market, use and export. 4.4Export of goods 5.Stockpiles 5.1Stockpiles of PCB-containing equipment 5.2Stockpiles of PFOS 5.3Stockpiles of obsolete pesticides 6.Waste Management and Storage 6.1Management of waste stockpiles

6.2Identification of contaminated sites 6.3Derogations 7.Environmental releases 7.1Measures to identify and characterise sources and Steps to identify source inventories 7.2Emission inventory estimates for Annex III substances 7.3Environmental monitoring 8.Control measures 9.Activities to promote knowledge exchange 9.1Reporting activities 9.2Information exchange 9.3Financial and Technical assistance 9.4Public awareness, consultation, and training 10.Dissuasive measures: Law infringements and penalties 11.Concluding remarks and recommendations 11.1Management of POPs substances 11.2Environmental releases and environmental concentrations of POPs substances 11.3Mechanisms for knowledge exchange and public involvement on the work surrounding POPs substances 11.4Financial and Technical assistance 11.5Conclusions Appendix AAppendix A – Explanation of how Toxic Equivalent Factors (TEFs) are developed for dioxins and Furans, and dioxin-like PCBs

Appendix BTechnical Annex Tables Table 2.1 Structure of this document Table 2.2 Reports provided by Member States Table 2.3 Status of National Implementation Reporting Table 4.1 Summary of PFOS applications in the Union Table 4.2 Summary of PFOS being imported during the 2013-2015 period. Table 4.3 Summary of PFOS reported in 2013-2015 and their uses. Table 4.4 Summary of substances reported as being placed on the market or exported during the 2013-2015 period (excluding PFOS) Table 4.5 Summary of uses reported by Member States for substances in 2013-2015 period (excluding PFOS) Table 5.1 Overview of stockpiles of PCBs Table 5.2 Overview of stockpiles of PCB included in NIP Table 5.3 Percentage of PCB in use in di-electric equipment in 2015 compared to 1990 [responses from Member States to request for PCB data, 2017] Table 5.4 Overview of stockpiles of PFOS reported by Member States Table 5.5 Overview of stockpiles of PFOS included in NIP Table 5.6 Overview of stockpiles of obsolete pesticides included in NIP Table 6.1 Data on HCH contamination in two landfills in the region of Aragon, Spain

Table 6.2 Discussion of contaminated land sites within recent national implementation plans (NIPs) Table 7.1 Status of emission inventories reported for 2013-2015 Table 7.2 Emissions reduction for dioxins and furans, and per capita emissions based on data reported under the UNECE POP Protocol Table 7.3 Emissions of dioxins and furans to all vectors based on those reported to the EU and Stockholm Convention Table 7.4 Comparison of emission estimates between inventories Table 7.5 Emissions reduction for PCBs and per capita emissions based on data reported under the UNECE POP Protocol Table 7.6 Emissions of PCBs to all vectors based on those reported to the EU and Stockholm Convention Table 7.7 Comparison of PCB emission estimates between inventories Table 7.8 Emissions reduction for PAHs (sum of 4 congeners) and per capita emissions 66 Table 7.9 Emissions of PAHs (sum of 4 congeners) to all vectors based on those reported to the EU Table 7.10 Comparison of emission estimates between inventories for PAHs (sum of 4 congeners) Table 7.11 Emissions reduction for HCB and per capita emissions Table 7.12 Emissions of HCB and PeCBz to all vectors based on those reported to the EU and Stockholm Convention Table 7.13 Comparison of emission estimates between inventories for HCB Table 8.1. Overview of EU Member States’ National Implementation Plans Table 8.2 Breakdown of work completed based on Article 12 reports Table 9.1 Information reported by Member States Table 9.2 Overview of information exchange mechanisms reported by Member States Table 9.3 Annual Financial support provided to the Stockholm Convention Trust Fund in the period 2013-2015 (in US$) Table 9.4 Annual Financial support provided to the Stockholm Convention Special Voluntary Trust Fund in the period 2013-2015 (in US$)

Table 9.5 Financial support provided to the GEF Table 9.6 Financial support provided to the SAICM Table 9.7 Financial support provided to UN institutions and projects Table 9.8 Other international cooperation reported by Member States Table 9.9 Information reported by Member States on raising public awareness Table 9.10 Information reported by Member States on public information and consultation Table 9.11 Information reported by Member States on training Table 10.1 Information reported by Member States on penalties and infringements Table B1 Control Measure (to identify) details based on Article 12 reports for the period 2013 – 2015 Table B2 Control Measure (to characterise) details based on Article 12 reports for the period 2013 – 2015 Table B3 Control Measure (to minimise) details based on Article 12 reports for the period 2013 – 2015 Figures Figure 7.1 Sources of emissions of dioxins and furans to air for the EU 28 in 2015 (UNECE reported data) Figure 7.2 Sources of emissions of dioxins and furans to air (EU 28) – Regulated sites only (UNECE reported data) Figure 7.3 Dioxins and Furans emissions to air by Member State (2013-2015) Figure 7.4 Data reported to the E-PRTR for emissions of dioxins and furans to air (taken from the E-PRTR website on the 17/01/2019) Figure 7.5 Data reported to the E-PRTR for emissions of dioxins and furans to water (taken from the E-PRTR website on the 27/01/2019) Figure 7.6 Sources of PCB emissions to air for the EU 28 (UNECE reported data, 2015) Figure 7.7 PCBs emissions by Member State (2013-2015)

Figure 7.8 Data reported to the E-PRTR for emissions of PCBs to air (taken from the E-PRTR website on the 27/1/2019 Figure 7.9 Data reported to the E-PRTR for emissions of PCBs to water (taken from the E-PRTR website on the 27/1/2019) Figure 7.10 Congener sets for PAHs under different schemes Figure 7.11 Sources of PAH emissions to air for the EU 28 (UNECE reported data) in 2015 Figure 7.12 Quantity of PAH emissions to air for the EU 28 (UNECE reported data) Figure 7.13 Data reported to the E-PRTR for emissions of PAHs to air (taken from the E-PRTR website on 27/1/2019) Figure 7.14 Data reported to the E-PRTR for emissions of PAHs to water (taken from the E-PRTR website on the 27/1/2019) Figure 7.15 Data reported to the E-PRTR for pollutant transfers of PAHs (taken from the E-PRTR website on the 27/1/2019) Figure 7.16 Sources of HCB emissions to air for the EU 28 (UNECE reported data) Figure 7.17 HCB emissions by Member State as reported to the UNECE Aarhus Protocol (2013 – 2015). Figure 7.18 Data reported to the E-PRTR for emissions of HCB to water (taken from the E-PRTR website on the 27/1/2019) Figure 7.19 Data reported to the E-PRTR for emissions of PeCBz to water (taken from the E-PRTR website on the 27/1/2019) Figure 7.20 EMEP monitoring stations operating in 2015. Figure 7.21 Emissions estimates for the sum of 17 PCDD/Fs (TEQ) for EMEP countries in (a) 1990 and (b) 2014 as ng TEQ/M2/year – EMEP Status report 2016 Figure 7.22 Emissions estimates for the indicator congener PCB-153 for EMEP countries in (a) 1990 and (b) 2014 – EMEP Status report 2016 Figure 7.23 Emissions estimates for the sum of (4 congeners) PAHs for EMEP countries in (a) 1990 and (b) 2014 – EMEP Status report 2016 Figure 7.24 Emissions estimates of HCB for EMEP countries in (a) 1990 and (b) 2014 – EMEP Status report 2016 Figure 7.25 Predicted spatial distribution of ambient air concentrations for the sum of 17 PCDD/Fs (fg TEQ/m3) for EMEP countries in 2014 Figure 7.26 Predicted spatial distribution of ambient air concentrations for PCB-153 for EMEP countries in 2014 – EMEP Status report 2016 Figure 7.27 Comparison of predicted ambient air concentrations for PCDD/Fs (TEQ) for EMEP countries and measurement data within Europe – EMEP Status report 2016

Figure 7.28 Comparison of monthly mean modelled PCB‐153 air concentrations with measurements of EMEP monitoring sites for 2014, pg/m3– EMEP Status report 2016 Figure 7.29 Spatial distribution of modelled annual mean air concentrations, ng/m3 of 4 PAHs in the EMEP domain for 2014 – EMEP Status report 2016 Figure 7.30 Predicted spatial distribution of ambient air concentrations of HCB for EMEP countries in 2014 – EMEP Status report 2016 Figure 7.31 Comparison of predicted ambient air concentrations for HCB for EMEP countries and measurement data within Europe for 2014 – EMEP Status report 2016 Figure A.1 WHO Toxic Equivalent Factors 2005 Figure A.2 Structural role of PCBs in dioxin-like behaviour



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 (the “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 release and transfer register (E-PRTR), 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 as of 15 July 2019 (entry into force of Regulation (EU) 2019/1021), which has modified provisions on the monitoring of implementation. Three 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. In 2021 the third synthesis report, covering the period 2010 to 2012. This document presents the fourth synthesis report, covering the period from 2013 to 2015. Due to the reporting period, the report is still based on the reporting obligations under Regulation (EC) No 850/2004 and includes the United Kingdom. The report includes the Member States’ triennial reports for 2013-2015, Member States Annual reports for 2013, 2014, and 2015 as well as the most recent available data from E-PRTR and EMEP CORINAIR emission inventories (2013–2015). A summary of this synthesis report is submitted to the European Parliament, to the Council and is made publicly available.



1.1. 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:

·The 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);and ·The Stockholm Convention on POPs, adopted in 2001 and which entered into force in 2004. The European Union (the “Union”) adopted Regulation (EC) No 850/2004 (hereafter called the “POP Regulation”) as a legal instrument for the implementation of both the Stockholm Convention and the POPs protocol. 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 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 Annexes 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; and §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 Commission Regulation (EU) No 519/2012 further amended the Annexes to add another four substances, including endosulfan (as added to the Stockholm Convention) and hexachlorobutadiene, polychlorinated naphthalenes (PCNs) and short chained chlorinated paraffins (SCCPs) (as added to the POPs Protocol). §In 2014 Commission Regulation (EU) No 1342/2014 amended Annex V to provide new details on the critical thresholds for POPs substances within waste. §In 2015 Commission Regulation (EU) 2015/2030 amended Annex I to remove the exemption for SCCPs in conveyor belts. §In 2016 Commission Regulation (EU) 2016/293 further amended Annex I to add hexabromocyclododecane to the POPs Regulation; and §Also, in 2016, under Commission Regulation (EU) 2016/460 Annexes IV and V of the POPs Regulation were amended to add hexabromocyclododecane to the waste annexes, including a critical threshold. Article 12 of Regulation (EC) 850/2004 covers the reporting requirements for Member States under the POP Regulation. Member States need to report annually, providing statistical data on the production and placing on the market of Annex I and Annex II substances. Every three years, Member States need 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); and §On dioxins furans and PCBs unintentionally released into the environment, compiled pursuant to Art. 9. Such information, as received from Member States, is summarised in this report. Note that the POP Regulation was recast in June 2019 (Regulation (EU) 2019/1021) of the European Parliament and of the Council). The recast POP Regulation includes changes to the reporting requirements of the regulation. This report is provided to fulfil the reporting requirements under Regulation (EC) 850/2004 prior to the recast. It should be noted that Regulation (EC) No 850/2004 contains a Commission specific reporting obligation under Article 12(6), which does not exist anymore, as there is no corresponding provision in Regulation (EU) 2019/1021. However, the Commission nonetheless considers appropriate to adopt a report covering the period 2013-2015 based on the Member States reporting in accordance with Regulation (EC) No 850/2004 since such report serves the objectives of Regulation (EU) 2019/1021 as regards the monitoring of the progress made in eliminating the use and releases of POPs. 2.2. Approach to update and structure of this document

2.12.1 Structure of the report The POP Regulation covers the cradle to grave management of substances included in Annexes I, II and III of the Regulation. It 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 follow the order of the articles set out within the regulation. One possible exception is that the reporting requirements do not specifically ask about plans to avoid POPs within wastes as per Article 7 of the regulation. Instead, this information is 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. 2.22.2 Sources of information The main sources of information used to compile information for the period 2013-2015 include: ·Annual reports from 2013, 2014, 2015 by Member States; ·Triennial reports for the period 2013-2015 by Member States; ·National Implementation Plans by Member States; ·Notification of derogations (where relevant); ·Notification of penalties (where relevant); ·First, Second and Third 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); ·EMEP Webdab data. 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 is used in the current synthesis report.



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 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 PCB 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: Law 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

Table 2.2 Reports provided by Member States Member State Annual report 2013 Annual report 2014 Annual report 2015 Triannual report 2013-2015 (BE) Belgium ✓ ✓ ✓ ✓ (BG) Bulgaria ✓ ✓ ✓ ✓ (CZ) Czechia ✓ ✓ ✓ ✓ (DK) Denmark ✓ ✓ ✓ ✓ (DE) Germany ✓ ✓ ✓ ✓ (EE) Estonia ✓ ✓ ✓ ✓ (2012-2014) (IE) Ireland ✓ ✓ ✓ ✓ (EL) Greece (ES) Spain ✓ ✓ ✓ ✓ (FR) France ✓ ✓ ✓ ✓ (HR) Croatia ✓ ✓ ✓ ✓ (IT) Italy (CY) Cyprus ✓ ✓ ✓ ✓ (LV) Latvia ✓ ✓ ✓ ✓ (LT) Lithuania ✓ ✓ ✓ (LU) Luxemburg ✓ ✓ ✓ ✓ (2012-2014) (HU) Hungary (MT) Malta (NL) Netherlands ✓ ✓ ✓ ✓ (2012-2014) (AT) Austria ✓ ✓ ✓ (PL) Poland ✓ ✓ ✓ ✓ (PT) Portugal ✓ ✓ ✓ ✓ (RO) Romania ✓ ✓ ✓ ✓ (SI) Slovenia ✓ ✓ ✓ ✓ (SK) Slovakia ✓ ✓ ✓ ✓ (FI) Finland ✓ ✓ ✓ ✓ (SE) Sweden ✓ ✓ ✓ ✓ (UK) United Kingdom ✓ ✓ ✓ ✓ (2012-2014) Alongside the Member States’ reporting, the national implementation plans provide 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. In 2012 a further four substances were added to the annexes of the POP Regulation, including two pesticides and two 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 triannual 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. This triannual report focuses on the timeframe 2013-2015. The latest available version of the NIP is indicated within the table, even if this is outside of the indicated timeframe. Information from the NIPs has been used to develop this report based on the POPs identified under the POP Regulation as of the end of 2015.



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 Belgium Yes 2019 - Bulgaria Yes 2012 - Czechia Yes 2017 - Denmark Yes 2018 - Germany Yes 2017 - Estonia Yes 2019 - Ireland Yes 2019 - Greece No response received No response received No response received Spain Yes 2019 - France Yes 2012 - Croatia Yes 2016 - Italy No response received No response received No response received Cyprus Yes 2019 Latvia No - 2007 Lithuania Yes 2018 - Luxembourg No - 2006 Hungary Yes 2015 - Malta No response received No response received No response received Netherlands Yes 2011 Austria Yes 2012 - Poland Yes 2017 Portugal No - 2006 Romania Yes 2012 - Slovenia No - 2010 Slovakia Yes 2013 - Finland Yes 2012 - Sweden Yes 2018 - United Kingdom Yes 2018 - 3.3. Production Production covers all activities involved in 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. Quantities were exported annually, although a declining trend is indicated, falling from 5.8t in 2013, to 2.4t in 2014 and no further exports in 2015. For 2013 and 2014, almost all of the PFOS exported was to non-EU countries. A small quantity (200g) was shipped to Switzerland (EFTA country) in 2013. The remaining quantities have been used in Germany. No other Member States have reported the intentional production of POPs during the 2013-2015 period. 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 all parties producing or importing chemicals in the Union submit a registration dossier to the European Chemicals Agency (ECHA). This dossier has sections covering the assessment of substances for persistence, bioaccumulation, and toxicity (PBT) properties. The criteria for PBTs identification 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 the bioconcentration criterion (Bioconcentration Factor (BCF) greater than 2000) at a lower level than the Stockholm Convention (BCF greater than 5000). Moreover, REACH is stricter on toxicity and refers to thresholds based on No Observed Effect Concentrations (NOEC), classification as a Carcinogenic, Mutagenic, or Reproductive toxicant (CMR), and other toxicological classification. The REACH Regulation also sets out provisions for those substances termed ‘substances of very high concern (SVHC)’ (which includes CMRs) and ‘very persistent very bioaccumulative (vPvB)’, which typically meet the PBT criteria. SVHCs and vPvBs are subject to further review and restriction as part of the Authorisation process, which ultimately aims to remove the use of all SVHCs and vPvBs from the Union market. As of the end of 2015, 168 substances were listed on the SVHC candidate list for further review. Regulation (EC) No 1107/2009 lays down rules for the placing on the market and use of plant protection products (PPPs), including for their approval. 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 of biocidal products stipulates that active substances that meet the PBT or vPvB criteria shall not be approved. The mechanisms and processes of the Stockholm Convention, POP Regulation, REACH Regulation and PPP Regulation are ongoing, and 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, the POPs Review Committee, acting under the auspices of the Stockholm Convention, recommended including HBCDD in the Convention’s Annex A for elimination and to remove it from the global market in order to protect human health and the environment. 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. Finally, it is worth noting that on 17 April 2013, PFOS and PFOS-related substances were also listed as a priority substances in the Water Framework Directive. In 2027 Member States will have to meet the standards derived for these substances. 4.4. Placing on the market of Annex I and Annex II substances, use and export 4.14.1 Introduction 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 2013 – 2015, 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. 4.24.2 PFOS – placing on the market, use and export 4.2.14.2.1 Introduction and background on the substance 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: 1.For concentration of PFOS equal to or below 10 mg/kg in substances or preparations. 2.For semi-finished products or articles or parts thereof if the concentration of PFOS is lower than 0.1% by weight; and 3.For textiles or 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 foam 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 Annex I (part A) of the POP Regulation for PFOS, item 5 states that the following applications have specific exemptions: 4.Wetting agents for use in controlled electroplating systems. 5.Photoresists or anti-reflective coatings for photolithography processes. 6.Photographic coatings applied to films, papers, or printing plates. 7.Mist suppressants for non-decorative hard chromium plating in closed loop systems; and 8.Hydraulic fluids for aviation. These uses were permitted until August 2015, providing that the quantity released into the environment was 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 exemption for wetting agents used in controlled electroplating systems expired in 2015. After this date the only specific exemption for use of PFOS in electroplating applied to ’mist suppressants for non-decorative hard Cr(VI) plating in closed loop systems’. In the Union, it is obligatory to apply a closed-loop system when using PFOS-related substances as mist suppressants for non-decorative hard Cr(VI) metal plating. In addition, the European Industrial Emissions Directive (2010/75/EU) is applicable to installations for surface treatment of metals or plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m³. These installations must apply best available techniques (BAT) for the prevention and minimisation of emissions of PFOS described in the relevant BREF. The definition of a closed-loop system has been much discussed in recent years, however, so far, there is no harmonised definition for a closed-loop system regarding PFOS or Cr(VI). A recent industry survey commissioned by the German Environment Agency documented that there is a variety of processing equipment and manufacturing processes, such that a “one fits all” definition for closed-loop-system does not exist for metal plating. UBA [2017] comment that a closed-loop system shows the following characteristics: ·Process tanks with more efficient extraction to minimise the releases of chromium-VI aerosols, if required, encapsulated transporters with extraction system. ·Dedicated exhaust air scrubbers with recirculation of the washing solution into the process solution. ·Exclusively documented PFOS dosage, related to throughput and demand. ·Recovery of the PFOS-containing chrome electrolyte by rinsing the plated products / components directly above the process baths. ·Using multistage cascade rinsing for extensive recovery of dragged-out PFOS to achieve a high rinsing ratio with a minimum amount of excess water. ·Using an evaporator to concentrate the rinsing solution and recovery of the dragged-out process solution while also using the excess heat of the process. ·Return of high-concentration rinsing water to compensate for evaporation losses of the electrolytes. ·Extending working lifetime of the PFOS containing chrome electrolyte by using a cation exchange technique to remove accumulated impurities such as contaminating metals and Cr (III) (regeneration of cationic exchanger resins with sulphuric acid and their reuse in the wastewater treatment process). ·Treatment of PFOS-containing wastewater partial flows with PFOS specific ion exchangers.

Due to the space requirements of the necessary processing equipment, implementing all techniques and/or retrofitting all existing metal plating installations is most likely not suited. In addition, cost considerations and affordability factors may play an important role. Further, according to UBA (2017), only one out of the five assessed electroplating facilities was found to apply, in principle, all nine measures listed above. The other companies were found to apply the measures only in part in an effort to close the loop for PFOS and Cr(VI). The Assessment of PFOS compounds (European Commission, 2015) presented at the 13th Competent Authority meeting for POPs provided further detail on which Member States were using PFOS for specific applications. Table 4.1 provides details of these uses. Table 4.1 Summary of PFOS applications in the 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 Sweden Norway Germany France Romania Finland United Kingdom Photoresists or anti-reflective coatings for photolithography processes Ireland Denmark Germany Ireland Poland Sweden United Kingdom Belgium Estonia France Romania Slovenia Finland Norway Photographic coatings applied to films, papers, or printing plates Denmark Germany Ireland Poland Finland Sweden United Kingdom Belgium France Romania Norway Mist suppressants for non-decorative hard chromium plating in closed loop systems Denmark Slovenia Finland Sweden Norway Belgium Ireland Poland Germany Spain France Romania United Kingdom Hydraulic fluids for aviation Norway Denmark Ireland Poland Sweden Belgium Spain France Romania Slovenia Finand 4.2.24.2.2 Article 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 data, both for placing PFOS on the market as well as 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: 9.Austria indicated that, in 2013 and 2014, PFOS was used as a mist suppressant and as a photo resist lacquer by a semiconductor company, using approximately 0.3 kg per year. No further update was received in 2015 but Austria indicated that use was continually being reduced. 10.Belgium reported in 2013 that, in accordance with the PIC regulation, a mixture containing PFOS (at 0.4%) was imported from Japan for use as anti-reflective coating for lithographic processes. Quantities were as follows: Heptadecafluorooctanesulfonic acid (CAS 1763-23-1) = 0.076 kg and CAS 380886-84-0 = 0.12 kg. However, no PFOS was placed on the market in 2014 or 2015. 11.Denmark indicated that 40 kg of PFOS had been placed on the market in 2014. This originated from a Member State for non-decorative hard chromium plating. 12.Finland indicate that two PFOS-containing products may have been imported in 2013. However, due to the number of importing companies the amounts or the country of origin cannot be disclosed. The annual use is in the range of tens of kgs. The substances in question have been registered for use in metal plating (CAS 56773-42-3) and manufacture of computers, electronic and optical devices (CAS 2795-39-3). This same information was provided in 2014 (although still quoting 2013 as the date placed on to the market) however, in 2015 Finland indicate that PFOS containing substances were being used in industry, although alternatives were being phased in. The amounts are small enough for the companies to not import them every year and thus the annual import rates vary. As in 2013, the substances in question have been registered for use in metal plating (CAS 56773-42-3) and manufacture of computers, electronic and optical devices (CAS 2795-39-3). 13.Germany indicated that 9,000 kg of PFOS were manufactured annually between 2013 and 2015, with a proportion exported (largely to non-EU countries) and the remainder used in Germany. No further indication is provided to elaborate on which specific sectors would make use of the PFOS retained for use in Germany, but the dominant application across Europe has been for use in chrome metal plating industries, and it can be expected that a significant proportion use in Germany would likely be for this purpose. 14.The Netherlands PFOS inventory showed that in 2013 about 150 kg PFOS was being used, mainly for hard chromium plating. The export database did not show any export of PFOS from the Netherlands. The same information was submitted in reports for 2014 and 2015, still referencing the 2013 inventory, so no further update on use is available. 15.Spain reported that PFOS was used in 2013, 2014 and 2015 for electro/chrome plating, with the PFOS received from Germany. Quantities were 2013: 2,065l of 3.15% PFOS, 2014: 2,470l of 3.06% PFOS, 2015: 85l of 3% PFOS. This was used by one company who have stated that they have since moved to PFOS-free alternatives. 16.Sweden indicated that PFOS and perfluorinated alkanes (PFOA) in preparations were placed on the market between 2013 and 2015. In 2013, this included 140 kg of PFOS (CAS numbers 56773-42-3, 2795-39-3, 70225-14-8). In 2014, ~ 79 kg of tetraethylammonium perfluorooctane sulfonate (CAS 56773-42-3) was received from and ~ 2 kg sent to other Member States. Finally, in 2015 ~ 55 kg of tetraethylammonium perfluorooctane sulfonate (CAS 56773-42-3) was received and ~ 1 kg sent off. All related preparations originated from other Member States. Table 4.2 provides the quantities of PFOS placed on the market between 2013 and 2015. This data are for a small number of Member States (Austria, Denmark, Finland, Germany, Netherlands, Spain, and Sweden), who have reported total quantities of PFOS use for the Union of up to 6,200 kg/yr in 2013 and up to 2,800 kg/yr in 2014. Most of this is within one Member State (Germany). Table 4.2 Summary of PFOS being imported during the 2013-2015 period

Year Member State Quantity (kg) Exported to 2013 Belgium 0.2 2014 Denmark 40 - 2013 Germany 5,767 Switzerland (0.2 kg) and other non-EU countries 2014 Germany 2359 Multiple non- EU countries 2013 Spain 2065l of 3.15% PFOS - 2014 Spain 2470l of 3.06% PFOS - 2015 Spain 85l of 3% PFOS - 2013 Netherlands ~150 - 2014 Netherlands ~150 - 2015 Netherlands ~150 - 2013 Austria ~ 0.3 - 2014 Austria ~ 0.3 - 2013 Finland Tens of kg - 2014 Finland Tens of kg - 2013 Sweden PFOS (56773-42-3, 2795-39-3, 70225-14-8): 140 kg. Within EU 2014 Sweden Tetraethylammonium perfluorooctane sulfonate (CAS 56773-42-3): ~ 79 kg imported and about 2 kg exported Within EU 2015 Sweden Tetraethylammonium perfluorooctane sulfonate (CAS 56773-42-3): ~ 55 kg imported and about 1 kg exported. Within EU Use of PFOS within the Union The uses reported within the Article 12 submissions for PFOS are in the metal plating industry, in the photographic industry and the semiconductor industry. No mention is made of its use in hydraulic fluids in the aviation industry. Germany has reported using the most PFOS in both 2013 and 2014 (but provide no indication of use in 2015), followed by the Netherlands and Sweden which reported using 150 kg and 140 kg respectively in 2013. During the 2013-2015 reporting period, use has fallen in Sweden; however, the Netherlands has report has not been updated since 2014 so present use is unknown, but it would appear to have decreased since 2009 (~390 kg). Table 4.3 provides a further overview of the uses of PFOS reported within the Article 12 reports, and details of the quantity of PFOS used in different applications. Table 4.3 Summary of PFOS reported in 2013-2015 and their uses. Year Member State Quantity (kg/annum) Comments 2013 Belgium Heptadecafluorooctanesulfonic acid (CAS 1763-23-1) = 0.076 kg and CAS 380886-84-0 = 0.120 kg. Imported for use as an antireflective coating for lithographic processes 2014 Denmark 40 Received in preparation from EU 2013 Germany 3200 (9t produced minus 5767kg export quantity) For use in surface refinement by surface treatment industry 2014 Germany 6600 (9t produced minus 2359kg export quantity) For use in surface refinement by surface treatment industry 2015 Germany 0 2013 Netherlands ~150 Mainly used in hard chromium plating 2014 Netherlands ~150 Mainly used in hard chromium plating 2015 Netherlands ~150 Mainly used in hard chromium plating 2013 Austria ~ 0.3 Used in metal plating as a mist suppressant and as a photo resistant lacquer 2014 Austria ~ 0.3 Used in metal plating as a mist suppressant and as a photo resistant lacquer 2013 Finland Tens of kg’s Used in metal plating (CAS 56773-42-3) and manufacture of computers, electronic and optical devices (CAS 2795-39-3). 2014 Finland Tens of kg’s Used in metal plating (CAS 56773-42-3) and manufacture of computers, electronic and optical devices (CAS 2795-39-3). 2013 Sweden 140 Received in preparation only 2014 Sweden Tetraethylammonium perfluorooctane sulfonate: 79 Received in preparation only 2015 Sweden Tetraethylammonium perfluorooctane sulfonate: 55 Received in preparation only A review of the Member States’ National Implementation Plans provides further information on the usage of PFOS: In the most recent Czechia NIP (published in 2017) the exemption for the photographic industry is used by one company, and the PFOS consumption for 2013-2015 was in the range of several tens of kg/year. However, use was expected to terminate by 2017. Lithuania indicates in their most recent NIP (2017) that less than 1 kg of PFOS could be in use in the semiconductor industry, with small scale usage in the photographic industry and an unknown quantity in use within aviation hydraulic fluids. These uses would also have been active in the 2013-2015 period. Sweden further reports that the use of PFOS has decreased since 2015 (55 kg), to 25 kg in 2016 (Swedish Chemicals Agency’s Product Register, 2017 Sweden NIP). The volume refers to one product used in hard chrome plating industry. Two of the three industry operators have indicated that since 2016 they no longer use PFOS in their process. In the United Kingdom 2018 NIP, PFOS-containing stockpiles have been notified for use as a wetting agent and mist suppressant in non-decorative hard chrome plating. In 2014 a total 33,837 kg of PFOS-containing material equating to 135 kg of PFOS were notified by six companies. Based on the data provided and reviewed, the dominant usage for PFOS within the Union in 2013-2015 was for metal plating, in particular as a mist suppressant for hard chrome plating, which, based on the data from Article 12 reports and Member State NIPs. Photographic applications are another, minor, use. 4.34.3 Substances other than PFOS – placing on the market, use and export 4.3.14.3.1 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 Union. Additionally, some other POPs substances were also placed on the market and used during 2013–2015. Austria reported that several POPs substances had been placed on the market during 2013 and 2014 but did not provide specific chemical names. In 2013, Austria report that minimal quantities of these substances were exported to Macedonia, Belize, and Kyrgyzstan as laboratory reference materials. Belgium reported in 2013, that HCB was detected in illegal fireworks imported from China (concentrations identified were 3,302 ppm and 2,504 ppm). Belgium also imported lindane (0.005 kg) as a laboratory reference standard in 2013 and exported 0.0003 kg of PCB to Bangladesh in 2015 for research and analysis. Denmark imported two substances including SCCPs (14.7 t in 2013, 4.93 t in 2014) and HBCDD (1.14 t in 2014) in preparations.

Spain exported small amounts of two substances in 2015 for research and analysis purposes, both to Angola: 0.5 kg of Endrin and 1.5 kg of Heptachlor. Finland also reported in 2015 that an unknown quantity of HBCDD was imported but the companies that previously used this substance are phasing out the use. France exported a number of substances to Mali making use of the provisions under article 14.2 for research purposes in 2014 and 2015. Prior to that, in 2013, 40 kg of Dieldrin was exported to Egypt. Poland imported and exported a number of substances for laboratory use as reference standards in 2015 (see Table 4.4) all below 1 kg. However, 20 kg of mixtures and preparations containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) were exported to Sweden in 2015. Sweden indicated that 2,800 kg of chloroalkanes C10-13 were received in preparations from other Member States in 2013. Table 4.4 summarises the information reported on placing of POPs on the market and the quantities indicated by Member States, other than PFOS. Table 4.4 Summary of substances reported as being placed on the market or exported during the 2013-2015 period (excluding PFOS) Substance Year Member State Placed on the market in the EU Exported Quantity (kg) Exported to PCBs 2014 Belgium No Yes 0.0003 for research and analysis Bangladesh Endrin, Heptachlor 2015 Spain No Yes 0.5 (Endrin), 1.5 (Heptachlor) for research and analysis Angola Dieldrin 2013 France No Yes 40 Egypt Aldrin (Aldrine, Chlordane and Heptachlor) 2014, 2015 France No Yes 1kg for research and analysis Mali Aldrin 2013 Austria No Yes n.a. (minimal) Macedonia Aldrin, Lindane, Dieldrin, Endrin, DDT 2013 Austria No Yes n.a. (minimal) Laboratory reference material Belize HCB 2013 Austria No Yes n.a. (minimal) Laboratory reference material Kyrgyzstan Aldrin, Dieldrin, Endrin, HCB, DDT, HCH, Endosulphan, Hexachlorobutadine 2015 Poland Yes Yes (see rows below) (minimal) Laboratory standards Aldrin=2g, Dieldrin=0.5g, Endrin=1g, HCB=1g, DDT=2.5g, HCH=3.75g, Endosulphan=3g, Hexachlorobutadine=0.5g Not applicable. Aldrin (ISO), chlordane (ISO) and heptachlor (ISO) 2015 Poland - Yes <0.5 Armenia, Kyrgyzstan, Russia Hexachlorobenzene (ISO) in DDT (ISO) (clofenotane (INN), 1,1,1-trichloro-2,2-bis (p-chlorophenyl) ethane) 2015 Poland - Yes <0.5 Kyrgyzstan, Russia, Ukraine Dieldrin 2015 Poland - Yes <0.5 Russia Mixtures and preparations containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) 2015 Poland - Yes 20 Sweden Chloroalkanes C10-13 2013 Sweden yes No 2,800 Not applicable 4.3.24.3.2 Use of POPs substances within the Union (excluding PFOS) The third POPs synthesis report (2013) indicated that most of the POP substances and articles that were used were under general exemptions such as uses for research purposes. This was also observed for the current (2013-2015) reporting period where the uses reported are either for research and calibration purposes or other unknown uses. France notes some additional substances are known to be placed on the market/used, but it is not clear which ones and for what purpose. Belgium, Croatia, Denmark, and Sweden provide less detail on the exact use of substances imported/exported. The position of those Member States that did not provide Article 12 reports is unknown and not commented upon further here. Detailed information on the uses reported by Member States is shown in Table 4.5. Table 4.5 Summary of uses reported by Member States for substances in 2013-2015 period (excluding PFOS) Substance Member State reporting the use Use reported Lindane Belgium Research and calibration SCCP, HBCDD Denmark Substances imported in preparations only, no further details included HBCDD Finland No further details included Chloroalkanes C10-13 Croatia, Sweden Import in preparation only, no further details included Aldrin, Chlordane, Heptachlor, Hexachlorobenzene and DDT, Dieldrin, Mixtures and preparations containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs) Poland Import for research and calibration 4.44.4 Export of goods Export of hazardous chemicals for the period 2013–2015 was controlled by the prior informed consent regulation (EC) No 689/2008, on the export and import of dangerous chemicals. This was superseded by Regulation (EU) No 649/2012, which entered into force on 1 March 2014. Regulation EU No 649/2012 carries the same provisions as Regulation (EC) 689/2008 but better aligned with the REACH Regulation. Both the PIC Regulation and its predecessor prohibit the export of POP substances listed in Annexes A and B of the Stockholm Convention. Furthermore, the PIC Regulation implements, within the EU, 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 movement of hazardous waste and its disposal are required to submit annual information on movement of hazardous wastes, including POP substances. The European Chemicals Agency (ECHA) keeps a record of exports and imports of PIC substances. This data is provided on a quarterly basis. Exporters and importers of PIC chemicals are required to provide details to their national competent authority with the information regarding 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 (5,767 kg in 2013), exported mainly from Germany, which includes:

17.Australia 100 kg. 18.Brazil 390 kg. 19.Hong Kong 225 kg. 20.India 25 kg. 21.Republic South Korea 1,576 kg. 22.Singapore 150 kg. 23.South Africa 350 kg. 24.Switzerland 0.2 kg. 25.Taiwan 250 kg. 26.Thailand 0.1 kg. 27.Turkey 700 kg; and 28.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). 5.5. 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. 5.2The 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. The following main types of stockpiles were reported by Member States during the 2013-2015 reporting period: ·PCBs in di-electric equipment.

·Obsolete pesticides; and ·PFOS in fire-fighting foams and for surface finishing. While the purpose of this report is to analyse the responses from Member States to annual and triennial reports covering the 2013-2015 period, reference has been made to the NIPs in order to obtain additional details. 5.15.1 Stockpiles 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 equipment, hydraulic equipment, paints, and lubricants. However, since 1985, the marketing and use of PCBs in the 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 >5 kg) 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. However, for the period 2013-2015 this work was still ongoing in many cases. 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; and ·The date of the declaration. Any equipment which is subject to 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; and ·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

Member State Year Type of equipment Number of pieces of equipment Content mg/kg Quantity / Volume Ireland 2013 Suspect or confirmed PCB-contaminated liquid - 50-500 24,328 litres [liquid containing PCB] Ireland 2014 Suspect or confirmed PCB-contaminated liquid - 50-500 21,714 litres [liquid containing PCB] Ireland 2015 Suspect or confirmed PCB-contaminated liquid - 50-500 13,907 litres [liquid containing PCB] Spain 2014 PCB containing equipment - Not specified 177 tonnes [equipment] Spain 2014 PCB contaminated equipment - Not specified 25,634 tonnes [equipment] Spain 2014 Suspected PCB containing equipment - Not specified 939 tonnes [equipment] Croatia 2013 PCB containing equipment - >50 291 tonnes [equipment] Croatia 2014 PCB containing equipment - >50 227 tonnes [equipment] Croatia 2015 PCB containing equipment - >50 190 tonnes [equipment] Croatia 2015 Not permitted PCB containing equipment 956 capacitors and 16 transformers Not specified 44.6 tonnes [equipment] Latvia 2013-2015 PCB containing equipment 1,300 capacitors Not specified 66.3 tonnes [equipment] Latvia 2013-2015 Not permitted PCB containing equipment 200 transformers Not specified 9.2 tonnes [equipment] Luxembourg 2014 PCB containing equipment 853 transformers ≤50 22.8 kg [PCB] Luxembourg 2014 Not permitted PCB containing equipment 23 transformers 51-500 1.0 kg [PCB] Luxembourg 2014 Not permitted PCB containing equipment 2 transformers 501-5,000 1.3 kg [PCB] Romania 2013 Transformers - in use 563 Not specified 689,502 litres [liquid containing PCB] Romania 2013 Capacitors - in use 44,253 Not specified 347,051 litres [liquid containing PCB] Romania 2013 Transformers - not in service 1 Not specified 854 litres [liquid containing PCB] Romania 2013 Capacitors - not in service 2,608 Not specified 28,343 litres [liquid containing PCB] Slovenia 2015 Transformers - not permitted PCB containing equipment 7 Not specified Not specified Slovenia 2015 Capacitors - not permitted PCB containing equipment 113 Not specified 1,331 kg [equipment] Slovenia 2015 Other equipment - not permitted PCB containing equipment 10 Not specified 7,076 kg [equipment] Slovenia 2015 Total equipment - not permitted PCB containing equipment 117 Not specified 8,407 kg [equipment] Several Member States reported a downward trend in stockpiles of PCB-containing equipment. Croatia noted that until December 2015 a constant increase of the amount of disposed-of equipment containing PCBs was recorded. In Ireland, since 2012, there continues to be a significant decrease in the national PCB inventory volumes which can be accredited to the enforcement work undertaken by the EPA and Local Authorities. Compared to Ireland’s previous triennial report (2013) the Irish inventory of PCB stocks has declined in volume by 43,625 litres of suspect or confirmed PCB liquids, a fall of 76%. The number of transformers and capacitors containing PCB as reported by Slovenia are significantly lower compared to what was reported for the period 2010-2012, i.e., the number of total equipment (not permitted PCB containing equipment) decreased from 232 (2010-2012) to 117 (2015). Further information on PCB stockpiles was included in Member States’ NIPs and has been summarised in Table 5.2 below, with a focus on the reporting period 2013-2015. Beyond information on di-electric sources, several of the NIPs reported information on additional types of stockpiles containing PCBs such as in buildings, sealants, paints etc. Table 5.2 only contains information from Member States with an updated NIP compared to the version referred to in the third synthesis report. In addition to the Member States indicated in Table 5.2, other Member States (France, Hungary, Ireland, and Romania) also provided information on PCB stockpiles in their NIPs. However, those NIPs date from 2012 or earlier and were discussed in the third synthesis report. Table 5.2 Overview of stockpiles of PCB included in NIP Member State Year (publication of NIP) Summary Czechia 2017 Note: in their previous NIP (2012), CZ provided information on the PCB inventory until 2011. In the most recent NIP (2017), the situation in 2016 is reported, which is most relevant for the reporting period 2013-2015] In September 2016 there remained 851 transformers (over 5 litres) containing 116,574 tonnes of PCB. For 229 out of these 851 devices, it is assumed they contain a total amount of 97,554 tonnes of PCB. There are 2,254 devices with PCB volume below 5 litres with 14,355 tonnes of liquid containing PCB. Transformers containing more than 0.05 % of weight of PCB or PCT were decontaminated. Denmark 2018 The NIP indicated that low concentrations of PCB (< 50 ppm) are still found in large transformers and capacitors that are being disposed of in Denmark. The source of the low concentrations of PCB in large transformers and capacitors is believed to be residues of PCBs that were not completely removed when transformers were decontaminated, PCB-contamination on the production site and/or use of regenerated PCB-containing oil. In addition, Denmark reported in the NIP on remaining quantities of PCB in buildings in 2013, i.e., between 17-87 tonnes. Germany 2016 As no such stockpiles were reported to the competent authorities of the Länder, it is assumed by Germany that PCB stockpiles no longer exist in Germany. However, from 2011 to 2015, in total of 7,042 tonnes of transformers and capacitors containing PCB were exported (waste code number: 160209) according to the transborder statistics (UBA 2017a - Statistics concerning transfrontier shipment of waste). Croatia 2016 In the observed period (2008–2015) 132 holders who own a total of 639 tonnes of equipment containing PCBs (capacitors and transformers) were recorded. In December 2015, 92 holders disposed of all the equipment (430 tonnes; 67%), while 40 holders were in possession of equipment that remains to be disposed of (190 tonnes; 30%). Out of the 40 holders, 9 partially disposed their equipment (19 tonnes, 3%). Lithuania 2017 In 2013, 8 transformers containing PCBs < 0,05 % were in operation in Lithuania. The NIP indicated that part of the PCB containing waste is stored in a long-term storage facility in Lithuania. In 2014, 2.1 tonnes of oil containing PCB and 188.5 tonnes of PCB-containing equipment were stored in long-term storage facility. In addition, theoretical calculations indicated that in buildings built in 1950-1970 there may be an accumulated 400 tonnes of PCBs. When demolishing such buildings after 20-50 years construction waste containing PCB will be generated. Poland 2016 The NIP indicated that in Poland there are no stockpiles of products containing POPs. The previous NIP (2013) still indicated that by the end of 2010 there were 8 waste storage sites with PCBs that were to be removed, representing 801,676 tonnes of waste containing di-electric equipment. Sweden 2017 Sweden indicated that it is likely that PCB can still be found in small electronic equipment, like starters for fluorescent tubes. However, all electronic waste in Sweden is considered to be hazardous waste and is collected for further treatment at a hazardous waste treatment facility. Sealants and flooring materials will be a source of PCB wastes for a few more years. Estimations show there could be 20–50 tonnes PCB still to be removed from buildings. Note: The UK, in its most recent NIP (2017) included no new information on stockpiles with PCB containing equipment compared to the version published in 2012. The information reported by Member States included different levels of detail. For example, Romania reported, in its previous triannual report, information on whether the PCB equipment was in use or not and included information on the actual presence of PCBs based on the minimum/maximum share of PCBs in the contaminated soil. Ireland provided information on stockpiles (liquids) which are confirmed or suspected to contain between 50-500 mg/kg of PCBs. This is a change compared to its previous triannual report, due to changes in the PCB reporting methodology in Ireland. In order to better understand and complement the data on PCB-containing equipment, a request for information was sent out to the Member State Competent Authorities in April 2017. Acknowledging the levels of uncertainty inherent in the estimates of PCBs in such equipment, the request asked for input on the quantities of PCB actively in use in di-electric equipment, both in 1990 and in 2015, as well as the quantities of PCBs that have been destroyed between 1990 and 2015. In total, 14 Member States responded to the request. The estimates of the fraction of PCBs still in use (%, 2015 compared to 1990) are presented in the table below. Table 5.3 Percentage of PCB in use in di-electric equipment in 2015 compared to 1990 [responses from Member States to request for PCB data, 2017] Member State Remaining PCB quantities in use in 2015 as a percentage of 1990 baseline (%) Notes Belgium (Flanders) 0.3 Based on the number of units Czechia 6.0-9.8 Denmark 0.5 Germany <1.0 Ireland 19 Croatia 30 Based on number of units, reference year is 2008 Lithuania 3 Netherlands 8 Based on waste data (containing PCB) Portugal 3 Romania 49 Reference year is 2005 Finland 0.0 Sweden 0.3 United Kingdom 7 the data for the United Kingdom are calculations made by the contractor based on the POPs inventory Note: Poland also responded to the survey, indicating that no data was available. The majority of the Member States reported that in 2015 <10% of the PCBs were in use, compared to the reference year, i.e., 1990. Five of these Member States estimated a fraction of PCB in use below 1%. Croatia and Romania reported significantly higher PCB fractions in use, 30% and 49%, respectively. It should be noted that their estimates were based on different reference years, i.e., 2008 for Croatia and 2005 for Romania. 5.25.2 Stockpiles of PFOS

PFOS, its salts and perfluorooctane sulfonyl fluoride (PFOSF) were added to Annex B of the Stockholm Convention in 2009. In accordance with Part III of Annex B to the Convention, acceptable purposes and specific exemptions are defined for the production and use of PFOS, its salts and PFOSF. After PFOS was added to Annex B of the Stockholm Convention, PFOS was removed from REACH Annex XVII and added to Annex I of the POP regulation. Four Member States reported stockpiles of PFOS in their triannual reports (covering 2013-2015). This mainly related to fire-fighting foams containing PFOS and the use of PFOS in surface finishing processes (chromium plating). Fire-fighting foams (Class B foams) can be synthetic foams, including aqueous film-forming foam (AFFF) or alcohol-resistant aqueous film-forming foam (AR-AFFF), or protein foams. The vast majority of the fire-fighting foams currently in stock (or service) are AFFF or AR-AFFF. Fluorosurfactants are considered a key ingredient in AFFFs, providing unique performance attributes, enabling them to be effective in preventing and extinguishing fires. PFOS salts are or have been commonly used as a surfactant, wetting agent and mist suppressing agent for chrome metal plating processes to create a protective barrier from aerosol emissions. PFOS has been used in the chromic acid solution, as other mist suppressants degrade more rapidly under the strongly acidic and oxidizing conditions. Fluorinated surfactants (including PFOS) are not reported to be used in other metal plating applications (e.g., copper plating, nickel plating, tin plating, zinc, and zinc alloy plating, electroplating of polymers) besides metal plating with chromium (VI). Table 5.4 summarises the information on PFOS stockpiles provided by the Member States. Table 5.4 Overview of stockpiles of PFOS reported by Member States Member State Year Types of product / application Quantity Germany 2013-2015 Not specified 35,644 kg (45% solution, stored at three sites) 41,223 kg (100% solution, stored at one site) Spain 2013 Chromium plating 2,065 litres (3.15% PFOS, received from Germany) Spain 2014 Chromium plating 2,470 litres (3.06% PFOS, received from Germany) Spain 2015 Chromium plating 85 litres (3.00% PFOS, received from Germany) Luxembourg 2013-2015 Fire-fighting foams 13,000 litres (no info on PFOS concentrations) United Kingdom 2012 Chromium plating 3,654 kg (88 kg of PFOS) United Kingdom 2013 Chromium plating 34,050 kg (109 kg of PFOS) United Kingdom 2014 Chromium plating 31,796 kg (132 kg of PFOS) A review of the available NIPs (which had been updated to include PFOS) highlighted additional information for Member States. Table 5.5 summarises the information included on stockpiles of PFOS for the years covered by this report (2013-2015). Table 5.5 Overview of stockpiles of PFOS included in NIP Member State Year (publication of NIP) Summary Czechia 2017 Stocks of such substances in Czechia are not expected. No information for the period 2013-2015 was reported. Reassessment of the need for acceptable purposes is carried out so that the Czechia can terminate the use of PFOS in the photographic industry, photolithography and for hydraulic fluids for aviation. Denmark 2018 In 2014, four products with the substance tetraethylammonium perfluorooctanesulfonate (CAS no. 56773-42-3) were registered in the Danish Product Register. For 2015 the number of products is indicated as "0", meaning that fewer than three products were used. For information, for 2016 no products were indicated, indicating that the substance is no longer used in Denmark. All uses of the substance have been phased out. Croatia 2016 There is no data in the NIP for the period 2013-2015 on existing stocks or the quantities of foams used during fire drills. There is a considerable number of small quantities of foams about which little is known. Often, they are left by ships during repair. All foams used today contain only fluorotelomers. The NIP recommends that firefighting organisations carry out detailed assessment/analysis of firefighting foams in use in order to remove doubts regarding the possibility of the presence of stock, and to inform users about the potential risks to health and the environment. Poland 2016 In Poland, there are no stockpiles of products containing POPs. No information for the period 2013-2015 was reported. Sweden 2017 There are no known stockpiles of PFOS or any known recycling of carpets or other textiles containing PFOS in Sweden. No information for the period 2013-2015 was reported. United Kingdom 2017 In 2014 a total 33,837 kg of PFOS-containing material equating to 135 kg of PFOS were notified by six companies. Information from the manufacturer suggests that these quantities will diminish as alternatives are now being used and products reformulated. The NIP indicated that PFOS-foams are no longer in use and several industrial holders of foams notified disposal of the material following a communications campaign. The use and disposal of PFOS-foams are no longer considered to be a current concern. However, the substance may be present in residual forms in land. From the information provided by the Member States, it can be concluded that only a few stockpiles of PFOS existed in the period 2013-2015 (e.g., Germany, Spain, Luxembourg, United Kingdom), and that most Member States expect that the quantities will decrease over the next years as alternatives are available. 5.35.3 Stockpiles 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. While the Member State reports submitted for the 2013-2015 period do identify stocks of industrial chemicals (primarily PFOS and PCBs), no stockpiles of obsolete pesticides were reported by the Member States for this period. As a means of comparison towards progress for elimination of pesticide stockpiles, the third synthesis report (covering the period 2010-2012) identified four Member States who provided information on stockpiles of obsolete pesticides, i.e. Bulgaria, Hungary, Lithuania and the United Kingdom. The reported quantities varied between 88 kg in the United Kingdom to 200 tonnes in Hungary. A review of the available NIPs highlighted additional information. Table 5.6 summarises the information included on stockpiles of pesticides for the years covered by this synthesis report (2013-2015). Member States indicated that no stockpiles were reported for the period 2013-2015 and/or that all identified stockpiles have been disposed of.

Table 5.6 Overview of stockpiles of obsolete pesticides included in NIP Member State Year (publication of NIP) Summary Czechia 2017 In relation to the obsolete pesticides, there were/are activities addressed that are associated primarily with ensuring the proper disposal of unused stocks, respectively waste and addressing sites contaminated by these compounds. Disposal of unused stocks was carried out in the early 1990s (carried out by the Ministry of Agriculture). Denmark 2018 No stockpiles of obsolete POPs pesticides exist in Denmark. No stockpiles for the period 2013-2015 were reported. Croatia 2016 During preparation of the POPs inventory, no major POPs stockpiles or waste containing POPs were recorded. No stockpiles for the period 2013-2015 were reported. Cyprus 2014 In their NIP (2014) Cyprus reported that 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. It is assumed that this is also valid for the reporting period, i.e., 2013-2015. Lithuania 2017 Until late 2014, 1379 warehouses of old pesticide or contaminated sites containing POPs pesticides were identified within Lithuania. According to the Ministry of the Environment, all identified obsolete pesticides warehouse and stockpiles have been disposed of. Poland 2016 In Poland, there are no stockpiles of products containing POPs. No stockpiles for the period 2013-2015 were reported. Sweden 2017 It is estimated that no stockpiles or wastes of these pesticides remain in Sweden. No stockpiles for the period 2013-2015 were reported. 6.6. Waste Management and Storage The end-of-life management of stockpiled POPs goods, 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 in 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. 6.16.1 Management of waste stockpiles 6.1.16.1.1 Introduction and background Annex IV of the POP Regulation sets out the list of named substances subject to waste management provisions; these are the same substances listed within Annexes 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. Alongside the POP Regulation, to further align with the Rotterdam Convention on transboundary movements of hazardous waste, the EU created the ‘Prior Informed Consent’ Regulation (EU) 649/2012 of the European Parliament and of the Council. This regulation contains annexes of named substances which include those substances named within the Annexes of the POP regulation. Where such wastes are moved across political borders for final destruction only, consent is required by the receiving country first. For those substances within Annex III of the Prior Informed Consent regulation it is also a requirement for operators to notify the European Commission via their national competent authority. 6.1.26.1.2 Management 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 2013-2015 concern three key sources: ·PCBs within the heat transfer fluids of di-electric equipment. ·PFOS containing products; and ·Flame-retardants (PBDEs) used in plastics and foams, particularly those plastics involved with 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 The EU directive on PCBs, i.e. Directive 96/59/EC, places requirements on Member States to develop and maintain inventories of PCB containing equipment. The same directive also placed obligations on Member States to remove and decontaminate all di-electrical equipment containing PCB of volumes ≥5 dm3 before 1 January 2010. Review of the previous synthesis reports and national implementation plans suggests that a great deal of work has already been completed for the identification, removal and destruction of PCB containing equipment, but that as of 2013-2015 work was still ongoing to identify and remove PCB volumes from large (≥5 dm3) equipment. Stockpiles of equipment contaminated with PCBs (see Section 5) remain in eight Member States (Croatia, Czechia, Ireland, Latvia, Luxembourg, Slovenia, Spain, and Romania). These quantities are likely covered within active programmes of final destruction. The Article 12 reports provide more limited information on how this work is being completed. In its triannual report, Luxembourg referred to a specific action plan, "SuperDrecksKëscht" for the collection and destruction of PCBs from households. This mainly concerns waste capacitors and electric radiators oils.

Germany stated in their NIP (2016) that all remaining PCB-containing waste was disposed of by the end of 2010. Nonetheless, for the period 2013-2015, PCB from unknown sources was identified. This concerns PCB from electronic equipment with parts containing PCB, PCB-containing wastes from construction and demolition projects, sealants, and PCB-containing parts from scrap cars. Appropriate disposal plans have been drawn up in Germany for equipment containing PCB. Transformers containing PCB were stored in underground storage facilities from 1983 and were partly drained before being placed underground. From 2004 to 2010, around 14,000 tonnes of the stored equipment were dismantled, drained, decontaminated and the metals were recovered. Small capacitors were stored in underground storage facilities until 2004. Since 2005, small capacitors containing PCB have been disposed of in high-temperature incineration plants. The quantity of PCB in still active applications such as sealing compounds or fluorescent lamp capacitors cannot be estimated. Information on proper disposal for the owners of electrical equipment and components containing PCB is partly issued. Slovenia indicated that there are no technical facilities for disposing of PCB and PCB-containing equipment (with final disposal or destruction of PCB) in an environmentally sound manner, and that therefore the waste PCB and waste PCB equipment is exported to other Member States, i.e., France, Germany and Austria, for disposal in an environmentally sound manner. Czechia listed in their NIP (2017) the capacity of seven facilities for the disposal of wastes containing POPs and PCBs. However, no information is provided on the amount of PCB destroyed between 2013 and 2015. PFOS containing products Four Member States reported stockpiles of PFOS (e.g., Germany, Spain, Luxembourg, and the United Kingdom (see section 5 for further detail), with the expectation that stockpiles will decrease over the next years as alternatives are available. Fire-fighting foams containing PFOS, which were placed on the market before 27 December 2006, had to be used up by 27 June 2011. According to Article 7 of the POP regulation, after 27 June 2011 they must be treated as waste and disposed of. Germany indicated in their NIP that the remaining stockpiles were incinerated, whereby PFOS was thermally decomposed and no emissions were produced. In their NIP (2018), Denmark indicated that virtually all PFOS-containing waste would be disposed of by 2016, i.e., at the end of the period 2013-2015. However, it cannot be ruled out that some PFOS would still enter the waste stream after this date, as the service life of some articles may be longer than expected. Furthermore, it is stated that the Danish EPA is undertaking a desk study on destruction efficiencies for PFOS (as well as for SCCP, PBDEs and HBCDD). The United Kingdom (NIP, 2017) stated that all use of PFOS-foams had ceased, with appropriate disposal for stockpiles also completed. This was based on a communications and compliance campaign in 2011 by the Environment Agency. However, the substance may be present in residual forms in land resulting from PFOS-foam/water run-off occurring during past industrial incidents. Flame-retardants (PBDEs) used in plastics and foams Globally C-PentaBDE and C-OctaBDE were phased out in 2004 but based on their use within plastics and the polyurethane (PUR) foams used in soft furnishings they represent a significant legacy issue for waste processes. The use of C-OctaBDE within plastics for electrical goods, in particular, is of interest and is 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 little or no information with regard to PBDEs and final destruction. Germany provided information in their NIP (2016) and stated that on 1 January 2016, i.e., at the end of the reporting period 2013-2015, there were 6.5 million cars in Germany that were first registered before 2000, potentially containing polybromodiphenyl ethers identified under the Stockholm Convention (POP-BDE). These accounted for a 14% share of the total car stocks of 45.1 million cars. Germany provided data, which indicated, in 2012, the proportion of cars that could potentially contain POP-BDE was 26% (compared to 46% or 18.9 million cars in 2008). This shows that the potential for vehicles containing POP-BDE is reducing over time. Germany confirmed that 2004 was considered the latest time that POP-PBDEs would have been used in products. Assuming a lifetime of 10-16 years of cars and the phase out in 2004, the majority of C-PentaBDE in automotive applications would be disposed of around latest 2020. Article 7(2) of the POP Regulation requires that waste that contains above 1000 mg/kg PBDE (sum of tetra, penta, hexa, and hepta homologues) must be treated so that the PBDEs are destroyed or irreversibly transformed. In Germany, brominated and thus PBDE-containing plastics are usually treated in thermal recovery and removal / disposal methods, in which PBDE is destroyed. Placing waste containing POPs on above-ground landfill sites is not permitted under the Landfill Regulations (Deponieverordnung). However, historically, articles from the electrical sector were also used in landfill construction and accordingly are currently present there. Obsolete pesticide products, particularly lindane In the triannual reports (2013-2015), Member States did not report information on the management or destruction of obsolete pesticides. For comparison, in the third synthesis report, covering (2010-2012), seven Member States (Croatia, Cyprus, Czechia, Denmark, Netherlands, Poland, and Sweden) reported that no remaining stockpiles of obsolete pesticides existed within their country. For another five Member States (Finland, Germany, Greece, Portugal, and Romania) the position was unknown. 6.26.2 Identification of contaminated sites Article 7 of the POP regulation covers management of wastes contaminated with named substances but does not specifically cover contaminated land as an issue to be addressed. However, where POPs substances have previously been manufactured and used within the Union the potential for contamination of soil does exist. In their triannual report (2013-2015), Spain provided information on sites contaminated by HCH in four regions, i.e., Aragón, Castilla y León, País Vasco, and Galicia. In the region of Aragón, gamma-HCH was manufactured between 1975 and 1989, with the generated solid and liquid waste disposed in the landfills of Sardas and Bailin (see table below). Table 6.1 Data on HCH contamination in two landfills in the region of Aragon, Spain

Landfill of Sardas Landfill of Bailin HCH – solid 60,000 m3 65,000 t HCH – DNAPL* 30 m3 25 t Contaminated land 350,000 m3 (mixed with other hazardous waste) 342,000 t * Dense Non-Aqueous Phase Liquid From 1992 to 2015, €54 million have been invested in decontamination in Spain (9% EU, 21% Ministry and 70% of the Government of Aragon). Many decontamination actions have been undertaken and actions are still planned, such as hydrogeological monitoring or further testing activities. In Castilla y León analyses of water samples near the historically contaminated site indicated that no detection of lindane in any of the samples during 2013-2015. Works to carry out a detailed characterization of the soil of the area are currently planned. Controls and monitoring are carried out in the historically contaminated areas in País Vasco. From the annual follow-up reports it is noted that during 2013-2015, as well as in previous periods, there has been no incident related to lindane contamination. A number of the NIPs presented by EU Member States cover the topic of contaminated land and activities to address the issue which usually involves excavation and creation of contaminated waste which must be managed following Article 7 of the regulation. Denmark stated within their NIP (2018) that a literature review of soil and groundwater contamination by PFAS (Nikolaisen and Tsitonaki, 2016) and a screening investigation of groundwater of a number of potentially contaminated sites in Denmark were undertaken (Tsitonaki et al., 2014). In the screening study from 2014, PFAS compounds were detected in five out of eight investigated fire-fighting training grounds. The soil levels varied from a few to several thousand ng/l. PFOS was detected at three of the sites in concentrations ranging from 15 to 980 ng/l. There are at least 38 large fire-fighting training grounds in Denmark. A high concentration of PFAS compounds of approximately 1,400 ng/l was found in one sample from the carpet industry in Denmark. PFOS accounted for 870 ng/l. The sample originated from a random shallow groundwater well at the site, not situated directly in an area where there was any knowledge of use, storage, or spill of PFAS. The German NIP (2016) indicated that in 2016 more than 271,000 sites are recorded as potentially contaminated. Similar numbers may be expected for 2013-2015. Details of the number of recorded sites are given for the respective Länder in the corresponding contaminated land registers or by the German Environment Agency. These usually provide information about all uses of the land to date, their technological orientation and contamination typical for the industries concerned. During production of lindane (γ-HCH), large quantities of α- and β-HCH were created as “by-products”, which used to be stored above ground, including in Germany. With the inclusion of the compounds as POPs, these landfill sites are to be viewed as being POP contaminated sites. The Lithuanian NIP (2017) reports that until late 2014, 1,379 warehouses of old pesticide or contaminated sites containing POPs pesticides were identified within the country. It is stated that the soil and the groundwater in these territories are likely to be contaminated with POPs. The Swedish NIP (2017) states that due to its broad spectra of previous use, PCP could be found in a wide range of contaminated sites, for example garden centres, pulp mills, wood impregnation sites and marinas. It has been identified that treatment of wood has occurred at approximately 1,200 sites in Sweden, according to what is registered in the national database. Similar numbers may be expected for 2013-2015. At these sites PCP or similar chemicals have been used as impregnation agents. Almost half of the sites are classified with high or very high risk for negative impacts on human health or the environment. This means they are prioritised for further investigations and remediation. Furthermore, 2,700 sites were identified where market gardens could have used pesticides. 750 of these sites are estimated to have high risk or very high risk according to the national risk classification system. Sweden also reported that several sites are known to be contaminated with PFOS, such as military and civilian airports and their surrounding water areas, industrial sites, discharge from waste treatment facilities and landfills and other areas where fire-fighting foams have been used. Based on the review of national implementation plans, Table 6.2 provides information on where specific POPs are mentioned with regard to contaminated sites. Table 6.2 only contains information from Member States with an updated NIP compared to the version referred to in the third synthesis report. Information from the other Member States dates back from before 2013 and is reported in the third synthesis report.



Table 6.2 Discussion of contaminated land sites within recent national implementation plans (NIPs) Member State Date of NIP POPs named in relation to contaminated land sites Czechia 2017 PCB, PAH, pesticides Denmark 2018 PFOS, PCB Germany 2016 α- and β-HCH Croatia 2016 None reported Lithuania 2017 Pesticides Poland 2016 PCP, pesticides, PFOS Sweden 2017 PCP United Kingdom 2017 PCP

6.36.3 Derogations 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,