Proposal for a Council Regulation amending Annex V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79/117/EEC
Date: 2006-05-31
Institutions: European Commission
Subjects: EC Regulation, dangerous substance, environmental protection, environmental standard, industrial pollution, organic pollution, public health, thermal pollution

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 31.5.2006 
COM(2006) 252 final 

Proposal for a 

COUNCIL REGULATION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Article  7(5)  of  Regulation  850/2004/EC  on  persistent  organic  pollutants  provides  that 
concentration limits in Annex V 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).  In 
accordance with Article 17(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.  

Accordingly,  the  Commission  submitted  a  draft  Regulation  for  vote  in  the  Committee 
established  under  Article  18  of  Directive  75/442/EEC  on  waste  on  25  January  2006.  There 
was no qualified majority for the draft Regulation. 

Thus  in  accordance  with  the  procedure  set  out  in  Article  5  of  Decision  1999/468/EC  a 
Proposal for a Council Regulation is submitted to Council. If the Council has not acted within 
three months from the date of referral of the proposal, the proposed measures shall be adopted 
by the Commission. 

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Proposal for a 

COUNCIL REGULATION 

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

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  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/EEC1, and in particular the first subparagraph of Article 7(5), Article 7(6), and Article 
14(3) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Commission  conducted  a  study  on  the  implementation  of  the  waste-related 
provisions  of  Regulation  No  (EC)  850/2004.  The  study  established  maximum 
concentration limits for the purpose of part 2 of annex V of Regulation (EC) 850/2004. 
Beyond  that,  risks  to  human  health  and  the  environment  may  not  be  excluded. 
Therefore Annex V of Regulation (EC) No 850/2004 should be amended accordingly. 

For  toxaphene,  a  mixture  of  over  670  substances,  no  agreed  and  relevant  analytical 
methodology  to  determine  the  total  concentration  is  available.  However  the  above 
mentioned  study  has  not  identified  any  stocks  consisting  of,  containing  or 
contaminated  with 
the 
the  European  Union. 
study demonstrates 
that,  whenever  any  persistent  organic  pollutant  pesticides 
were detected  in  wastes,  their  concentrations  were  usually high  when  compared  with 
the  proposed  concentration  limits.  Therefore,  for  the  time  being,  the  available 
analytical  methodologies  for  the  determination  of  toxaphene can  be  considered  as 
sufficiently fit for the purpose of this Regulation. 

In  addition 

toxaphene 

in 

limit  for  PCDF/PCDD 

The  concentration 
toxic  equivalent 
concentration (“TEQ”), using the 1998 World Health Organisation toxic equivalency 
factors (“TEFs”). Available data on dioxin-like PCB is not sufficient to include these 
compounds in the TEQ. 

is  expressed 

in 

Hexachlorocyclohexane (HCH) is the name of a technical mixture of various isomers. 
The  effort  to  completely  analyse  them  would  be  inadequate.  Only  alpha-,  beta-  and 
gamma-HCH  is  of  toxicological  relevance.  Therefore  the  concentration  limit 

1 

OJ L 158, 30.4.2004, p. 7; corrected version in OJ L 229, 29.6.2004, p. 5. 

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(5) 

(6) 

exclusively refers to them. Most commercially available analytical standard mixtures 
for the analyses of this compound class only identify these isomers. 

The measures provided for in this Regulation are the most appropriate to ensure a high 
level of protection. 

The Committee established under Article 17(1) of Regulation (EC) No 850/2004 has 
not delivered an opinion on the measures laid down in a draft Commission Regulation, 
following its consultation, on 25 January 2006, in accordance with the procedure laid 
down in Article 17(2) of that Regulation, 

HAS ADOPTED THIS REGULATION: 

The Annex V to Regulation (EC) No 850/2004 is amended in accordance with the Annex to 
this Regulation. 

Article 1 

Article 2 

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 Brussels, 

For the Council 
The President  

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The table in Part 2 of Annex V to Regulation (EC) No 850/2004 is replaced by the following: 

ANNEX 

Wastes as classified in Commission 
Decision 2000/532/EC  

10 

10 01 

10 01 14 (*)4 

10 01 16 (*) 

WASTES  FROM  THERMAL 
PROCESSES 
Wastes from power stations and 
other combustion plants (except 
19) 
Bottom  ash,  slag  and  boiler  dust 
from  co-incineration  containing 
dangerous substances 
Fly  ash 
containing dangerous substances 
Wastes  from  the  iron  and  steel 
industry 

from  co-incineration 

10 02 

Maximum 
concentration limits 
of substances listed in 
Annex IV5 

Aldrin: 5000 mg/kg;  
Chlordane:  
5000 mg/kg; 
Dieldrin: 
5000 mg/kg; 
Endrin: 5000 mg/kg 
Heptachlor:  
5000 mg/kg; 
Hexachlorobenzene: 
5000 mg/kg; 
Mirex: 5000 mg/kg; 
Toxaphene: 
5000 mg/kg; 
Polychlorinated 
Biphenyls (PCB)6:  
50 mg/kg  
DDT  (1,1,1-trichloro 
 -2,2-bis(4-
chlorophenyl) 
ethane): 
5000 mg/kg; 
Chlordecone: 
5000 mg/kg; 
Polychlorinated 
dibenzo-p-dioxins and 
dibenzofurans 
(PCDD/PCDF)7  
5  mg/kg;  the  sum  of 
alpha-, 
and 
beta- 
gamma- HCH:  
5000 mg/kg; 
Hexabromobiphenyl: 
5000 mg/kg 

Operation 

Permanent  storage  only 
in: 
–  safe, 

deep, 
hard 

underground, 
rock formations,  

–  salt mines or 
–  a 

site 

that 

for 
landfill 
waste 
hazardous 
(provided 
the 
waste  is  solidified  or 
partly stabilised where 
technically  feasible  as 
for 
required 
classification  of 
the 
in  subchapter 
waste 
19 03  of  Decision 
2000/532/EC)  

whereby  the  provisions 
of  Council  Directive 
1999/31/EC2 and Council 
Decision 
2003/33/EC3 have  to  be 
adhered  to  and  whereby 
it  has  been  demonstrated 
selected 
that 
is 
operation 
environmentally 
preferable. 

the 

2 

3 

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. 
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). 

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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 (*) 

slags 

Salt 
production  

from 

secondary 

10 03 09 (*) 

Black  drosses 
production  

from 

secondary 

10 03 19 (*) 

Flue-gas  dust  containing  dangerous 
substances 

10 03 21 (*) 

particulates 

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

and 

10 03 29 (*) 

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

10 04  

Wastes 
metallurgy 

from 

lead 

thermal 

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 
metallurgy 

from 

zinc 

thermal 

10 05 03 (*)  Flue-gas dust 

10 05 05 (*)  Solid waste from gas treatment  

10 06 

Wastes 
metallurgy 

from  copper 

thermal 

10 06 03 (*)  Flue-gas dust 

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10 06 06 (*)  Solid wastes from gas treatment 

10 08 

Wastes  from  other  non-ferrous 
thermal metallurgy 

10 08 08 (*) 

slag 

Salt 
secondary production  

from  primary 

and 

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  

16  

WASTES  NOT  OTHERWISE 
SPECIFIED IN THE LIST 

16 11 

Waste linings and refractories 

16 11 01 (*) 

Carbon-based 
refractories 
processes 
substances 

linings 

and 
from  metallurgical 
dangerous 

containing 

16 11 03 (*) 

Other  linings  and  refractories  from 
metallurgical  processes  containing 
dangerous substances 

17 

AND 
CONSTRUCTION 
WASTES 
DEMOLITION 
(INCLUDING 
EXCAVATED 
SOIL FROM CONTAMINATED 
SITES) 

17 01 

concrete, 
ceramics 

bricks, 

tiles 

and 

17 01 06 (*) 

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

17 05 

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

17 05 03 (*) 

Inorganic fraction of soil and stones 
containing dangerous substances  

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17 09 

Other 
demolition wastes 

construction 

and 

17 09 02 (*) 

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

17 09 03 (*) 

Other  construction  and  demolition 
dangerous 
wastes 
substances 

containing 

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

INTENDED 

Wastes 
pyrolysis of waste 

from 

incineration  or 

19 

19 01 

19 01 07 (*)  Solid wastes from gas treatment 

19 01 11 (*) 

Bottom  ash  and  slag  containing 
dangerous substances 

19 01 13 (*) 

ash 

Fly 
substances  

containing  dangerous 

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 

4 

5 

Any  waste  marked  with  an  asterisk  (*)  is  considered  as  hazardous  waste  pursuant  to  Directive 
91/689/EEC  on  hazardous  waste  (OJ  L  337,  31.  12  .1991,  p.  20.  Directive  as  amended  by  Directive 
94/31/EC, OJ L 168, 2. 7. 1991, p. 28), and is subject to the provisions of that Directive. 
The limits exclusively apply to a landfill site for hazardous waste. 

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Where applicable, the calculation method laid down in European standards EN 12766-1 and EN 12766-
2 shall be applied. 
The  limit  is  calculated  as  PCDD  and  PCDF  according  to  the  following  toxic  equivalency  factors 
(TEFs): 

PCDD 

2,3,7,8-TeCDD 

1,2,3,7,8-PeCDD 

1,2,3,4,7,8-HxCDD 

1,2,3,6,7,8-HxCDD 

1,2,3,7,8,9-HxCDD 

1,2,3,4,6,7,8-HpCDD 

OCDD 

PCDF 

2,3,7,8-TeCDF 

1,2,3,7,8-PeCDF 

2,3,4,7,8-PeCDF 

1,2,3,4,7,8-HxCDF 

1,2,3,6,7,8-HxCDF 

1,2,3,7,8,9-HxCDF 

2,3,4,6,7,8-HxCDF 

1,2,3,4,6,7,8-HpCDF 

1,2,3,4,7,8,9-HpCDF 

OCDF 

TEF 

1 

1 

0.1 

0.1 

0.1 

0.01 

0.0001 

0.1 

0.05 

0.5 

0.1 

0.1 

0.1 

0.1 

0.01 

0.01 

0.0001 

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