Corrigendum to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004)
Date: 2004-06-29
Institutions: Council of the European Union, European Parliament
Subjects: environmental protection, organic pollution, public health

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Corrigendum to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004
on persistent organic pollutants and amending Directive 79/117/EEC

(Official Journal of the European Union L 158 of 30 April 2004)

Regulation (EC) No 850/2004 should read as follows:

REGULATION (EC) No 850/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on persistent organic pollutants and amending Directive 79/117/EEC

of 29 April 2004

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Stockholm Convention on Persistent Organic Pollutants,
hereinafter ‘the Convention’.

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(4) While legislation at Community level relating to persis-
tent organic pollutants has been put in place, its main
deficiencies are that there is an absence of, or incomplete
legislation on, prohibition of the production and use of
any of the currently listed chemicals, that there is no
framework to subject additional persistent organic pollu-
tant substances to prohibitions, restrictions or elimina-
tion, nor any framework to prevent the production and
use of new substances that exhibit persistent organic
pollutant characteristics. No emission reduction targets,
as such, have been set at Community level and the
current release inventories do not cover all sources of
persistent organic pollutants.

(1)

(2)

(3)

This Regulation primarily
environmental
protection and the protection of human health. The
legal basis is therefore Article 175(1) of the Treaty.

concerns

(5)

The Community is seriously concerned by the contin-
uous release of persistent organic pollutants into the
environment. These chemical substances are transported
across international boundaries far from their sources
and they persist
in the environment, bioaccumulate
through the food web, and pose a risk to human health
and the environment. Further measures need therefore
to be taken in order to protect human health and the
environment against these pollutants.

In order to ensure coherent and effective implementation
of the Community's obligations under the Protocol and
the Convention, it is necessary to establish a common
framework, within which to take measures
legal
designed in particular
to eliminate the production,
placing on the market and use of intentionally produced
persistent organic pollutants. Furthermore, persistent
organic pollutants' characteristics should be taken into
consideration in the framework of the relevant Com-
munity assessment and authorisation schemes.

In view of its responsibilities for the protection of the
environment, the Community signed on 24 June 1998
the Protocol to the 1979 Convention on Long-Range
Transboundary Air Pollution on Persistent Organic Pollu-
tants, hereinafter ‘the Protocol’, and on 22 May 2001 the

(6)

Coordination and coherence should be ensured when
implementing at Community level the provisions of the
Rotterdam (3), Stockholm and Basel Conventions (4) and
when participating in the development of the Strategic
Approach to International Chemicals Management
(SAICM) within the United Nations framework.

(1) OJ C 32, 5.2.2004, p. 45.
(2) Opinion of the European Parliament of 26 February 2004 (not yet
published in the Official Journal) and Decision of the Council of 26
April 2004.

(3) Convention on the prior informed consent procedure for certain

hazardous chemicals and pesticides in international trade.

(4) Convention on the control of transboundary movements of hazar-

dous wastes and their disposal.

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(7)

(8)

(9)

Moreover, considering that the provisions of this Regu-
lation are underpinned by the precautionary principle as
set forth in the Treaty, and mindful of Principle 15 of
the Rio Declaration on Environment and Development
and in view of the aim of elimination, where feasible, of
the release of persistent organic pollutants into the envir-
onment, it is appropriate in certain cases to provide for
control measures stricter than those under the Protocol
and the Convention.

(11)

The production and use of hexachlorocyclohexane
(HCH), including lindane, is subject to restrictions under
the Protocol but not totally prohibited. That substance is
still used in some Member States and therefore it is not
possible to prohibit
immediately all existing uses.
However, in view of the harmful properties of HCH and
the possible risks related to its release into the environ-
ment, its production and uses should be confined to a
minimum and ultimately phased out by the end of 2007
at the latest.

In the future, the proposed REACH Regulation could be
an appropriate instrument by which to implement the
necessary control measures on production, placing on
the market and use of the listed substances and the
control measures on existing and new chemicals and
pesticides exhibiting persistent organic pollutants' char-
acteristics. However, without prejudice to the future
REACH Regulation and since it is important to imple-
ment these control measures on the listed substances of
the Protocol and the Convention as soon as possible,
this Regulation should for now implement
those
measures.

In the Community, the placing on the market and use of
most of the persistent organic pollutants listed in the
Protocol or the Convention has already been phased out
as a result of the prohibitions laid down in Council
Directive 79/117/EEC of 21 December 1978 prohibiting
the placing on the market and use of plant protection
products containing certain active substances (1) and
Council Directive 76/769/EEC of 27 July 1976 on the
approximation of the laws, regulations and administra-
tive provisions of the Member States relating to restric-
tions on the marketing and use of certain dangerous
substances and preparations (2). However,
in order to
fulfil the Community's obligations under the Protocol
and the Convention and to minimise the release of
persistent organic pollutants, it is necessary and appro-
priate
those
substances and to restrict exemptions to a minimum so
that exemptions only apply where a substance fulfils an
essential function in a specific application.

the production of

also to prohibit

(12) Obsolete or carelessly managed stockpiles of persistent
organic pollutants may seriously endanger the environ-
ment and human health through, for instance, contami-
nation of soil and ground water. It is appropriate, there-
fore, to adopt provisions that go beyond the provisions
laid down in the Convention. Stockpiles of prohibited
substances should be treated as waste, while stockpiles
of substances the production or use of which is still
allowed should be notified to the authorities and prop-
erly supervised. In particular, existing stockpiles which
consist of or contain banned persistent organic pollu-
tants should be managed as waste as soon as possible. If
other substances are banned in the future, their stocks
should also be destroyed without delay and no new
stockpiles should be built up. In view of the particular
problems of certain new Member States, adequate finan-
cial and technical assistance should be provided through
existing Community financial
instruments, such as the
Cohesion and Structural Funds.

(10)

Exports of substances covered by the Convention and
exports of lindane are regulated by Regulation (EC) No
304/2003 of
the
Council of 28 January 2003 concerning the export and
import of dangerous chemicals (3).

the European Parliament and of

(1) OJ L 33, 8.2.1979, p. 36. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 2004/21/EC (OJ L 57, 25.2.2004, p. 4).
(3) OJ L 63, 6.3.2003, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 775/2004 (OJ L 123, 27.4.2004, p. 27).

(13)

(PCBs) (4),

In line with the Communication from the Commission
on the Community Strategy for Dioxins, Furans and
and with the
Polychlorinated Biphenyls
releases of persistent
Protocol and the Convention,
organic pollutants which are unintentional by-products
of industrial processes should be identified and reduced
as soon as possible with the ultimate aim of elimination,
where
action plans,
including those
covering all
provided for under existing Community legislation,
should be drawn up and implemented to reduce the
releases continuously and cost-effectively as soon as
possible. To this end, appropriate tools should be devel-
oped in the framework of the Convention.

feasible. Appropriate national

sources and measures,

(4) OJ C 322, 17.11.2001, p. 2.

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(14)

that

line with

Communication,

In
appropriate
programmes and mechanisms should be established to
provide adequate monitoring data on the presence of
dioxins, furans and PCBs in the environment. However,
it is necessary to ensure that appropriate tools are avail-
able and can be used under economically and technically
viable conditions.

generations as well as to the environment, particularly in
developing countries,
is often lacking, and wide-scale
information is therefore needed to increase the level of
caution and gain support for restrictions and bans. In
accordance with the Convention, public awareness
programmes on these substances, especially for the most
vulnerable groups, as well as training of workers, scien-
tists, educators,
technical and managerial personnel
should be promoted and facilitated, as appropriate.

(15) Under the Convention, the persistent organic pollutant
content in waste is to be destroyed or irreversibly trans-
formed into substances that do not exhibit similar char-
acteristics, unless other operations are environmentally
preferable. Since current Community legislation on
waste does not lay down specific rules as regards those
substances, they should be laid down in this Regulation.
To ensure a high level of protection, common concen-
tration limits for the substances in waste should be
established before 31 December 2005.

(16)

(17)

The importance of
identifying and separating waste
consisting of, containing or contaminated by persistent
organic pollutants at source in order to minimise the
spreading of these chemicals into other waste is recog-
nised. Council Directive 91/689/EEC of 12 December
1991 on hazardous waste (1) established Community
rules on the management of hazardous waste obliging
Member States to take the necessary measures to require
that establishments and undertakings which dispose of,
recover, collect or transport hazardous waste do not mix
different categories of hazardous waste or mix hazardous
waste with non-hazardous waste.

The Convention provides that each Party is to draw up a
plan for the implementation of its obligations under the
Convention. Member States should provide opportunities
for public participation in drawing up their implementa-
tion plans. Since the Community and the Member States
share competence in that regard, implementation plans
should be drawn up both at national and Community
information
level. Cooperation and an exchange of
between the Commission and the authorities of
the
Member States should be promoted.

(21)

(22)

(18)

In accordance with the Convention and the Protocol,
information on persistent organic pollutants should be
provided to other Parties. The exchange of information
with third countries not party to those Agreements
should also be promoted.

(19)

Public awareness of the hazards that persistent organic
pollutants pose to the health of present and future

(1) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive

94/31/EC (OJ L 168, 2.7.1994, p. 28).

(20) Upon request

resources,

the
and within available
Commission and the Member States should cooperate in
providing appropriate and timely technical assistance
designed especially to strengthen the capacity of devel-
oping countries and countries with economies in transi-
tion to implement the Convention. Technical assistance
should include the development and implementation of
suitable alternative products, methods and strategies,
inter alia, to the use of DDT in disease vector control
which, under the Convention, can only be used in
accordance with World Health Organisation recommen-
dations and guidelines and when locally safe, effective
and affordable alternatives are not available to the
country in question.

There should be regular evaluation of the effectiveness
of the measures taken to reduce releases of persistent
organic pollutants. To that end, Member States should
report regularly to the Commission,
in particular as
regards release inventories, notified stockpiles and the
production and placing on the market of restricted
substances. The Commission,
in cooperation with
Member States, should develop a common format for
Member States' reports.

The Convention and the Protocol provide that Parties
thereto may propose other substances for international
action and consequently additional substances may be
listed under those Agreements, in which case this Regu-
lation should be amended accordingly. Furthermore,
it
should be possible to modify the existing entries in
Annexes to this Regulation, inter alia for the purposes of
adapting them to scientific and technical progress.

any

listings of

(23) When Annexes to this Regulation are amended to imple-
ment
intentionally
produced persistent organic pollutant in the Protocol or
in the Convention, it should be included in Annex II,
instead of Annex I, only in exceptional cases and when
duly justified.

an additional,

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(24)

(25)

(26)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

In order to ensure transparency, impartiality and consis-
tency at
the level of enforcement activities, Member
States should lay down rules on penalties applicable to
infringements of the provisions of this Regulation and
ensure that
they are implemented. Those penalties
should be effective, proportionate and dissuasive, since
non-compliance can result in damage to human health
and the environment. Information on infringements of
the provisions of this Regulation should be made public,
where appropriate.

Since the objectives of this Regulation, namely to protect
the environment and human health from persistent
organic pollutants, cannot be sufficiently achieved by the
Member States, owing to the transboundary effects of
those pollutants, and can therefore be better achieved at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary in
order to achieve those objectives.

(27)

In the light of the above, Directive 79/117/EEC should
be amended,

HAVE ADOPTED THIS REGULATION:

Article 1

Objective and scope

1.
Taking into account, in particular, the precautionary prin-
ciple, the objective of this Regulation is to protect human
health and the environment from persistent organic pollutants
by prohibiting, phasing out as soon as possible, or restricting
the production, placing on the market and use of substances
subject to the Stockholm Convention on Persistent Organic
Pollutants, hereinafter ‘the Convention’, or the 1998 Protocol
to the 1979 Convention on Long-Range Transboundary Air
‘the
Pollution on Persistent Organic Pollutants, hereinafter
Protocol’, and by minimising, with a view to eliminating where

(1) OJ L 184, 17.7.1999, p. 23.

feasible as soon as possible, releases of such substances, and by
establishing
of,
containing or contaminated by any of these substances.

regarding waste

provisions

consisting

2.
Articles 3 and 4 shall not apply to waste consisting of,
containing or contaminated by any substance listed in Annexes
I or II.

Article 2

Definitions

For the purposes of this Regulation:

(a) ‘placing on the market’ means supplying or making avail-
able to third persons against payment or free of charge.
Imports into the customs territory of the Community shall
also be deemed to be placed on the market;

(b) ‘article’ means an object composed of one or more
substances and/or preparations which during production is
given a specific shape, surface or design determining its end
use function to a greater extent than its chemical composi-
tion does;

(c) ‘substance’ is as defined in Article 2 of Council Directive

67/548/EEC (2);

(d) ‘preparation’
67/548/EEC;

is as defined in Article 2 of Directive

(e) ‘waste’

is as defined in Article 1(a) of Council Directive

75/442/EEC (3);

(f) ‘disposal’

is
75/442/EEC;

(g) ‘recovery’

is
75/442/EEC.

as defined in Article 1(e) of Directive

as defined in Article 1(f) of Directive

Article 3

Control of production, placing on the market and use

1.
The production, placing on the market and use of
substances listed in Annex I, whether on their own, in prepara-
tions or as constituents of articles, shall be prohibited.

2.
The production, placing on the market and use of
substances listed in Annex II, whether on their own, in prepara-
tions or as constituents of articles, shall be restricted in accord-
ance with the conditions set out in that Annex.

(2) Council Directive 67/548/EEC of 27 June 1967 on the approxima-
tion of laws, regulations and administrative provisions relating to
the classification, packaging and labelling of dangerous substances
(OJ P 196, 16.8.1967, p. 1). Directive as last amended by Council
Regulation (EC) No 807/2003.

(3) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194,
25.7.1975, p. 39). Directive as last amended by Regulation (EC) No
1882/2003 of the European Parliament and of the Council (OJ L
284, 31.10.2003, p. 1).

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3. Member States and the Commission shall, within the
assessment and authorisation schemes for existing and new
chemicals and pesticides under the relevant Community legisla-
tion, 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

Exemptions from control measures

1.

Article 3 shall not apply in the case of:

(a) a substance used for laboratory-scale research or as a refer-

ence standard;

(b) a substance occurring as an unintentional trace contami-

nant in substances, preparations or articles.

2.
Article 3 shall not apply in respect of substances occur-
ring 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 Secre-
tariat of the Convention accordingly without further delay.

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 inter-
mediate shall notify accordingly the Secretariat of the Conven-
tion.

(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
that closed system in accordance with
assessment of
Commission Directive 2001/59/EC (1).

The notification shall be communicated also to the other
Member States and to the Commission and shall give details of
actual or estimated total production and use of the substance
concerned and the nature of
the closed-system site-limited
process, specifying the amount of any non-transformed and
unintentional trace contamination by any persistent organic
pollutant starting material in the final product.

The deadlines referred to in the first subparagraph may be
amended in cases where, following a repeat notification from
the Member State concerned to the Secretariat of the Conven-
tion, express or tacit consent is issued under the Convention
for the continued production and use of the substance for
another period.

Article 5

Stockpiles

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.

The holder of a stockpile greater than 50 kg, consisting
2.
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 estab-
lished with information concerning the nature and size of that
stockpile. Such information shall be provided within 12
months 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 entry into force of

The holder shall manage the stockpile in a safe, efficient and
environmentally sound manner.

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;

3. Member States shall monitor the use and management of
notified stockpiles.

(1) Commission Directive 2001/59/EC of 6 August 2001 adapting to
technical progress for the 28th time Council Directive 67/548/EEC
on the approximation of the laws, regulations and administrative
provisions relating to the classification, packaging and labelling of
dangerous substances (OJ L 225, 21.8.2001, p. 1).

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Article 6

that this substance is subsequently disposed of in accordance
with the first subparagraph.

Release reduction, minimisation and elimination

1. Within two years of the date of entry into force of this
Regulation, Member States shall draw up and maintain release
inventories for the substances listed in Annex III into air, water
and land in accordance with their obligations under
the
Convention and the Protocol.

2.
A Member State shall communicate its action plan on
measures to identify, characterise and minimise with a view to
eliminating where feasible as soon as possible the total releases
developed in accordance with its obligations under the Conven-
tion, to both the Commission and the other Member States as
part of its national implementation plan, pursuant to Article 8.

The action plan shall include measures to promote the develop-
ment and, where it deems appropriate, shall require the use of
substitute or modified materials, products and processes to
prevent the formation and release of the substances listed in
Annex III.

3. Member States shall, when considering proposals to
construct new facilities or significantly to modify existing facil-
ities using processes that release chemicals listed in Annex III,
without prejudice to Council Directive 1996/61/EC (1), give
priority consideration to alternative processes, techniques or
practices that have similar usefulness but which avoid the
formation and release of substances listed in Annex III.

Article 7

Waste management

Producers and holders of waste shall undertake all reason-
1.
able efforts to avoid, where feasible, contamination of this
waste with substances listed in Annex IV.

Notwithstanding Directive 96/59/EC (2), waste consisting
2.
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
is
destroyed or irreversibly transformed so that the remaining
waste and releases do not exhibit the characteristics of persis-
tent organic pollutants.

the persistent organic pollutant content

In carrying out such a disposal or recovery, any substance
listed in Annex IV may be isolated from the waste, provided

(1) Council Directive 96/61/EC of 24 September 1996 concerning inte-
grated pollution prevention and control (OJ L 257, 10.10.1996, p.
26. Directive as last amended by Regulation (EC) No 1882/2003.
(2) Council Directive 96/59/EC of 16 September 1996 on the disposal
of polychlorinated biphenyls and polychlorinated terphenyls (PCB/
PCT) (OJ L 243, 24.9.1996, p. 31).

Disposal or

3.
that may lead to
recovery operations
recovery, recycling, reclamation or re-use of the substances
listed in Annex IV shall be prohibited.

4.

By way of derogation from paragraph 2:

(a) 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 tech-
nical requirements in respect of the disposal or recovery of
waste under this subparagraph;

(b) 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 satisfac-
tion of the competent authority of the Member State
concerned that decontamination of the waste in rela-
tion 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 environ-
mentally
competent
authority has subsequently authorised the alternative
operation;

option and

preferable

the

(ii) this operation is in accordance with the relevant Com-
munity legislation and the conditions laid down in rele-
vant 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.

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5.
Concentration limits in Annex V, part 2 shall be estab-
lished for the purposes of paragraph 4(b) before 31 December
2005 in accordance with the procedure referred to in Article
17(2).

As soon as the Commission has adopted the Community
implementation plan, it shall communicate it to the Member
States.

Until such time as these concentration limits are established:

The Commission shall review and update the Community
implementation plan, as appropriate.

(a) the competent authority may adopt or apply concentration
limits or specific technical requirements in respect of waste
being dealt with under paragraph 4(b);

(b) where waste is being dealt with under paragraph 4(b), the
holders concerned shall provide information on the persis-
tent organic pollutant content of the waste to the compe-
tent authority.

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).

The Commission shall, before 31 December 2009, review
7.
the derogations in paragraph 4 in the light of international and
technical developments, in particular with regard to their envir-
onmental preferability.

Article 9

Monitoring

The Commission and the Member States shall establish, in close
cooperation, appropriate programmes and mechanisms, consis-
tent with the state of the art, for the regular provision of
comparable monitoring data on the presence of dioxins, furans
and PCBs as identified in Annex III in the environment. When
establishing such programmes and mechanisms, due account
shall be taken of developments under the Protocol and the
Convention.

Article 10

Information exchange

Article 8

Implementation plans

1.
The Commission and the Member States shall facilitate
and undertake the exchange within the Community and with
third countries of information relevant to the reduction, mini-
misation or elimination, where feasible, of the production, use
and release of persistent organic pollutants and to alternatives
to those substances, specifying the risks and the economic and
social costs related to such alternatives.

1. When preparing their national
implementation plans,
Member States shall, in accordance with their national proce-
dures, give the public early and effective opportunities to parti-
cipate in this process.

2.
The Commission and Member States, as appropriate, shall
promote and facilitate with regard to persistent organic pollu-
tants:

2.
As soon as a Member State has adopted its national
implementation plan in accordance with its obligations under
the Convention, it shall communicate it both to the Commis-
sion and to the other Member States.

(a) awareness programmes,

including relating to their health
and environmental effects and their alternatives and on the
their production, use and
reduction or elimination of
release, especially for:

preparing

the
3. When
Commission and the Member States shall exchange information
on the content, as appropriate.

implementation

plans,

their

(i) policy and decision makers,

(ii) particularly vulnerable groups;

(b) the provision of public information;

4.
The Commission shall, within two years of the entry into
force of this Regulation, draw up a plan for the implementation
of Community obligations under the Convention.

(c) training, including workers, scientists, educators and tech-

nical and managerial personnel.

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3. Without prejudice to Directive 2003/4/EC of the Euro-
pean Parliament and of the Council of 28 January 2003 on
public access to environmental information (1), information on
health and safety of humans and the environment shall not be
regarded as confidential. The Commission and the Member
States that exchange other information with a third country
shall protect any confidential information as mutually agreed.

5.
Regarding the substances listed in the Convention, the
Commission shall, at intervals to be determined by the Confer-
ence of the Parties of the Convention, compile a report on the
basis of the information provided by the Member States in
accordance with paragraph 2 and communicate it to the Secre-
tariat of the Convention.

Article 11

Technical assistance

shall

In accordance with Articles 12 and 13 of the Convention, the
Commission and the Member States
in
providing appropriate and timely technical and financial assis-
tance to developing countries and countries with economies in
transition to assist them, upon request and within available
resources and taking into account their particular needs, to
develop and strengthen their capacity to fully implement their
obligations under the Convention. Such support may also be
channelled through non-governmental organisations.

cooperate

Article 12

Reporting

1. Member States shall every three years forward to the
Commission information on the application of this Regulation,
including information on infringements and penalties.

2. Member States shall provide the Commission every year
with statistical data on the actual or estimated total production
and placing on the market of any substance listed in Annex I
or II.

3. Within three years of the date of entry into force of this
Regulation and every three years thereafter, Member States
shall provide the Commission with:

(a) summary information compiled from the notifications,
concerning stockpiles, received pursuant to Article 5(2);

(b) summary information compiled from the release inven-

tories drawn up pursuant to Article 6(1);

(c) summary information on the presence of dioxins, furans
and PCBs as identified in Annex III in the environment, as
compiled pursuant to Article 9.

4.
As regards the data and information to be provided by
Member States pursuant to paragraphs 1, 2 and 3, the Commis-
sion shall develop in advance a common format in accordance
with the procedure referred to in Article 16(2).

(1) OJ L 41, 14.2.2003, p. 26.

Inventory

The Commission shall every three years compile a report
6.
on the application of this Regulation and shall integrate it with
the information already available in the context of the EPER, as
established by Commission Decision 2000/479/EC (2), and
(Cooperative
CORINAIR Emission
Programme for Monitoring and Evaluation of the Long-Range
Transmission of Air Pollutants in Europe), and with the infor-
mation provided by the Member States under paragraphs 1, 2
and 3 to form a synthesis report. This report shall
include
information on the use of derogations as referred to in Article
7(4). It shall forward a summary of the synthesis report to the
European Parliament and to the Council and make it available
to the public without delay.

EMEP

of

Article 13

Penalties

Member States shall lay down the rules on penalties applicable
to infringements of the provisions of this Regulation and shall
take all measures necessary to ensure that they are imple-
mented. The penalties provided for must be effective, propor-
tionate and dissuasive. The Member States shall notify those
provisions to the Commission one year after entry into force of
this Regulation at the latest and shall notify it without delay of
any subsequent amendment affecting them.

Article 14

Amendment of Annexes

1. Whenever a substance is listed in the Convention or the
Protocol,
the Commission shall, where appropriate, amend
Annexes I to III accordingly, in accordance with the procedure
referred to in Article 16(2).

Whenever a substance is listed in the Convention or the
Protocol,
the Commission shall, where appropriate, amend
Annex IV in accordance with the procedure referred to in
Article 17(2).

2. Modifications to the existing entries in Annexes I to III,
including their adaptation to scientific and technical progress,
shall be adopted by the Commission in accordance with the
procedure referred to in Article 16(2).

(2) Commission Decision 2000/479/EC of 17 July 2000 on the imple-
(EPER)
mentation of a European pollutant emission register
according to Article 15 of Council Directive 96/61/EC concerning
integrated pollution prevention and control
(OJ L 192,
28.7.2000, p. 36).

(IPPC)

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3. Modifications to the existing entries in Annex IV and
modifications to Annex V, including their adaptation to scien-
tific and technical progress, shall be adopted by the Commis-
sion in accordance with the procedure referred to in Article
17(2).

Article 15

Competent authorities

Each Member State shall designate the competent authority or
authorities responsible for the administrative tasks required by
this Regulation. It shall inform the Commission of such desig-
nation at the latest three months after the entry into force of
this Regulation.

Article 16

Committee for general matters

1.
The Commission shall be assisted by the Committee
established by Article 29 of Directive 67/548/EEC for all
matters under this Regulation except
for those relating to
waste.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 17

Committee for waste matters

1.
The Commission shall be assisted by the Committee
established by Article 18 of Directive 75/442/EEC, for matters
relating to waste under this Regulation.

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 18

Amendments to Directive 79/117/EEC

In Part B of the Annex to Directive 79/117/EEC,
organochlorine compounds’, items 1 to 8 shall be deleted.

‘Persistent

Article 19

Entry into force

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 29 April 2004.

For the European Parliament

The President

P. COX

For the Council

The President

M. McDOWELL

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ANNEX I

LIST OF SUBSTANCES SUBJECT TO PROHIBITIONS

Part A Substances listed in the Convention and in the Protocol

Substance

CAS No

EC No

SPECIFIC EXEMPTION ON INTERMEDIATE USE OR
OTHER SPECIFICATION

Aldrin

309-00-2

206-215-8

Chlordane

57-74-9

200-349-0

Dieldrin

60-57-1

200-484-5

Endrin

72-20-8

200-775-7

Heptachlor

76-44-8

200-962-3

Hexachlorobenzene

118-74-1

200-273-9

Mirex

2385-85-5

219-196-6

Toxaphene

8001-35-2

232-283-3

-

-

-

-

-

-

-

-

Polychlorinated Biphenyls (PCB)

1336-36-3 and
others

215-648-1 and
others

Without prejudice to Directive 96/59/EC, arti-
cles already in use at the time of entry into
force of this Regulation are allowed to be used.

DDT (1,1,1-trichloro-2,2-bis(4-
chlorophenyl) ethane)

50-29-3

200-024-3

Member States may allow the existing produc-
tion and use of DDT as a closed-system site-
the production of
limited intermediate for
dicofol until 1 January 2014,
in accordance
with Article 4(3) of this Regulation.

The Commission shall review this exemption
by 31.12.2008 in the light of the outcome of
the evaluation in the framework of Directive
91/414/EEC 18.

(1) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230,

19.8.1991, p. 1).

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Part B Substances listed only in the Protocol

Substance

CAS No

EC No

Specific exemption on intermediate use or other
specification

Chlordecone

143-50-0

205-601-3

Hexabromobiphenyl

36355-01-8

252-994-2

—

—

HCH, including lindane

608-73-1, 58-
89-9

210-168-9,
200-401-2

By way of derogation, Member States may
allow the following uses

(a) until 1.9.2006:

— Professional

remedial
treatment of lumber, timber and logs;

and industrial

— Indoor industrial and residential appli-

cations;

(b) until 31.12.2007:

— Technical HCH for use as an inter-
mediate in chemical manufacturing;

— Products in which at least 99% of the
HCH isomer is in the gamma form
(lindane) are restricted for use as public
health and veterinary topical insecticide.

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Official Journal of the European Union

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ANNEX II

LIST OF SUBSTANCES SUBJECT TO RESTRICTIONS

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ANNEX III

LIST OF SUBSTANCES SUBJECT TO RELEASE REDUCTION PROVISIONS

Substance (CAS No)

Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF)

Hexachlorobenzene (HCB) (CAS No: 118-74-1)

Polychlorinated biphenyls (PCB)

Polycyclic aromatic hydrocarbons (PAHs) (1)

(1) For the purpose of emission inventories, the following four compound indicators shall be used: benzo(a)pyrene, benzo(b) fluor-

anthene, benzo(k)fluoranthene and indeno(1,2,3-cd)pyrene.

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Official Journal of the European Union

29.6.2004

ANNEX IV

LIST OF SUBSTANCES SUBJECT TO WASTE MANAGEMENT PROVISIONS SET OUT IN ARTICLE 7

Substance

CAS No

EC No

Concentration limit
referred to in
Article 7(4)(a), ppm
(parts per million)

Aldrin

Chlordane

Dieldrin

Endrin

Heptachlor

Hexachlorobenzene

Mirex

Toxaphene

Polychlorinated Biphenyls (PCB)

309-00-2

57-74-9

60-57-1

72-20-8

76-44-8

118-74-1

2385-85-5

8001-35-2

1336-36-3
others

206-215-8

200-349-0

200-484-5

200-775-7

200-962-3

200-273-9

219-196-6

232-283-3

and

215-648-1

DDT
l)ethane)

(1,1,1-trichloro-2,2-bis(4-chloropheny-

50-29-3

200-024-3

Chlordecone

143-50-0

205-601-3

Polychlorinated dibenzo-p-dioxins and diben-
zofurans (PCDD/PCDF)

HCH, including lindane

608-73-1, 58-89-9

210-168-9,
401-2

200-

Hexabromobiphenyl

36355-01-8

252-994-2

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ANNEX V

WASTE MANAGEMENT

Part 1 Disposal and recovery under Article 7(2)

The following disposal and recovery operations, as provided for in Annex IIA and IIB of Directive 75/442/EEC, are
permitted for the purposes of Article 7(2) when applied in such a way as to ensure that the persistent organic pollutant
content is destroyed or irreversibly transformed

D9 Physico-chemical treatment,

D10 Incineration on land, and

R1 Use principally as a fuel or other means to generate energy, excluding waste containing PCBs.

Pre-treatment operation prior to destruction or irreversible transformation pursuant to this Part of this Annex may be
performed, provided that a substance listed in Annex IV that is isolated from the waste during the pre-treatment is
subsequently disposed of in accordance with this Part of this Annex. In addition, repackaging and temporary storage
operations may be performed prior to such pre-treatment or prior to destruction or irreversible transformation pursuant
to this part of this Annex.

Part 2 Wastes and operations to which Article 7(4)(b) applies

The following operations are permitted for the purposes of Article 7(4)(b) in respect of the wastes specified, defined by
the six-digit code as classified in Commission Decision 2000/532/EC (1).

Wastes as classified in Commission Decision 2000/532/EC

Maximum
concentration
limits of
substances listed
in Annex IV

Operation

WASTES FROM THERMAL PROCESSES

Permanent storage only in:

— safe, deep, underground, hard rock formations,

— salt mines or

— a landfill site for hazardous waste (provided that
the waste is solidified or stabilised where techni-
cally feasible as required for classification of the
waste
of Decision
2000/532/EC)

subchapter

19

03

in

of

the

provisions

whereby
Council Directive
1999/31/EC (1) and Council Decision 2003/33/EC (2)
have to be adhered to and whereby it has been demon-
strated that the selected operation is environmentally
preferable.

10

10 01

Wastes from power stations and other combustion
plants (except 19)

10 01 14 (****)

Bottom ash, slag and boiler dust from co-incineration
containing dangerous substances

10 01 16 (****)

Fly ash from co-incineration containing dangerous
substances

10 02

Wastes from the iron and steel industry

10 02 07 (****)

Solid wastes from gas treatment containing dangerous
substances

10 03

Wastes from aluminium thermal metallurgy

10 03 04 (****)

Primary production slags

10 03 08 (****)

Salt slags from secondary production

10 03 09 (****)

Black drosses from secondary production

10 03 19 (****)

Flue-gas dust containing dangerous substances

(1) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a)
of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article
1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3). Decision as last amended by Council Decision
2001/573/EC (OJ L 203, 28.7.2001, p. 18).

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Maximum
concentration
limits of
substances listed
in Annex IV

Operation

Wastes as classified in Commission Decision 2000/532/EC

10 03 21 (****)

Other particulates and dust (including ball-mill dust)
containing dangerous substances

10 03 29 (****)

Wastes from treatment of salt slags and black drosses
containing dangerous substances

10 04

Wastes from lead thermal metallurgy

10 04 01 (****)

Slags from primary and secondary production

10 04 02 (****)

Dross and skimmings from primary and secondary
production

10 04 04 (****)

Flue-gas dust

10 04 05 (****)

Other particulates and dust

10 04 06 (****)

Solid wastes from gas treatment

10 05

Wastes from zinc thermal metallurgy

10 05 03 (****)

Flue-gas dust

10 05 05 (****)

Solid waste from gas treatment

10 06

Wastes from copper thermal metallurgy

10 06 03 (****)

Flue-gas dust

10 06 06 (****)

Solid wastes from gas treatment

10 08

Wastes from other non-ferrous thermal metallurgy

10 08 08 (****)

Salt slag from primary and secondary production

10 08 15 (****)

Flue-gas dust containing dangerous substances

10 09

Wastes from casting of ferrous pieces

10 09 09 (****)

Flue-gas dust containing dangerous substances

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Wastes as classified in Commission Decision 2000/532/EC

16

16 11

WASTES NOT OTHERWISE SPECIFIED IN THE LIST

Waste linings and refractories

Maximum
concentration
limits of
substances listed
in Annex IV

Operation

16 11 01 (****)

Carbon-based linings and refractories from metallur-
gical processes containing dangerous substances

16 11 03 (****)

Other
linings and refractories
processes containing dangerous substances

from metallurgical

17

CONSTRUCTION AND DEMOLITION WASTES
(INCLUDING EXCAVATED SOIL FROM CONTAMI-
NATED SITES)

Permanent storage only in:

— safe, deep, underground, hard rock formations,

— salt mines or

— a landfill site for hazardous waste (3) (provided that
the waste is solidified or stabilised where techni-
cally feasible as required for classification of the
waste
of Decision
2000/532/EC)

subchapter

03

19

in

whereby the provisions of Directive 1999/31/EC and
Decision 2003/33 /EC have to be adhered to and
whereby it has been demonstrated that the selected
operation is environmentally preferable.

17 01

concrete, bricks, tiles and ceramics

17 01 06 (****)

Mixtures of, or separate fractions of concrete, bricks,
tiles and ceramics containing dangerous substances.

17 05

Soil including excavated soil from contaminated sites,
stones and dredging spoil

17 05 03 (****)

Inorganic fraction of
dangerous substances

soil and stones containing

17 09

Other construction and demolition wastes

17 09 02 (****)

Construction and demolition wastes containing PCB,
excluding PCB containing equipment.

17 09 03 (****)

Other construction and demolition wastes containing
dangerous substances

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Wastes as classified in Commission Decision 2000/532/EC

19

WASTES FROM WASTE MANAGEMENT FACIL-
ITIES, OFF-SITE WASTE WATER TREATMENT
PLANTS AND THE PREPARATION OF WATER
INTENDED FOR HUMAN CONSUMPTION AND
WATER FROM INDUSTRIAL USE

19 01

Wastes from incineration or pyrolysis of waste

19 01 07 (****)

Solid wastes from gas treatment

19 01 11 (****)

Bottom ash and slag containing dangerous substances

19 01 13 (****)

Fly ash containing dangerous substances

19 01 15 (****)

Boiler dust containing dangerous substances

19 04

Vitrified waste and waste from vitrification

19 04 02 (****)

Fly ash and other flue-gas treatment wastes

19 04 03 (****)

Non-vitrified solid phase

Maximum
concentration
limits of
substances listed
in Annex IV

Operation

Permanent storage only in:

— safe, deep, underground, hard rock formations,

— salt mines or

— a landfill site for hazardous waste (provided that
the waste is solidified or stabilised where techni-
cally feasible as required for classification of the
of Decision
waste
2000/532/EC)

subchapter

19

03

in

whereby the provisions of Directive 1999/31/EC and
Decision 2003/33/EC have to be adhered to and
whereby it has been demonstrated that the selected
operation is environmentally preferable.

(1) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1). Directive as last amended by Regulation (EC) No 1882/2003.
(2) Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste and landfills pursuant to Article 16 of and Annex

II to Directive 1999/31/EC (OJ L 11, 16.1.2003, p. 27).
Except in the case of waste containing or contaminated by PCBs above the concentration of 50 ppm.

(3)
(****) Any waste marked with an asterisk (*) is considered as hazardous waste pursuant to Directive 91/689/EEC on hazardous waste, and is subject to the provisions of that

Directive.