Council Regulation (EC) No 172/2007 of 16 February 2007 amending Annex V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants Text with EEA relevance
Date: 2007-02-16
Institutions: Council of the European Union
Subjects: dangerous substance, environmental protection, environmental standard, organic pollution, public health, waste management

23.2.2007

EN

Official Journal of the European Union

L 55/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 172/2007

of 16 February 2007

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

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Only alpha-, beta- and gamma-HCH are of toxicological
relevance. Therefore the concentration limit should refer
available
to them exclusively. Most
this
analytical standard mixtures for
compound class only identify these isomers.

the analyses of

commercially

Having regard to Regulation (EC) No 850/2004 of the European
Parliament and of the Council of 29 April 2004 on persistent
organic pollutants (1), and in particular Article 7(5) first subpar-
agraph, Article 7(6), and Article 14(3) thereof,

(4)

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

Whereas:

(5)

Regulation (EC) No 850/2004 should therefore be
amended accordingly.

(1)

(2)

The Commission conducted a study on the implemen-
tation of the waste-related provisions of Regulation (EC)
No 850/2004. This study identified maximum concen-
tration limits for the purpose of Part 2 of Annex V of
Regulation (EC) No 850/2004. Above those limits, risks
to human health and the environment could not be
excluded.

(6)

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

The concentration limit for Polychlorinated dibenzo-p-
dioxins and dibenzofurans (PCDF/PCDD) is expressed in
toxic equivalent concentration (TEQ), using the 1998
World Health Organisation toxic equivalency factors
(TEFs). Available data on dioxin like Polychlorinated
Biphenyl
these
is not
(PCB)
compounds in the TEQ.

to include

sufficient

HAS ADOPTED THIS REGULATION:

Article 1

Annex V to Regulation (EC) No 850/2004 is amended as set
out in the Annex to this Regulation.

(3)

Hexachlorocyclohexane (HCH) is the name of a technical
mixture of various isomers. The effort necessary to
analyse them completely would be disproportionate.

(1) OJ L 158, 30.4.2004, p. 7. Corrected version in OJ L 229,

29.6.2004, p. 5.

Article 2

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

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

Done at Brussels, 16 February 2007.

For the Council
The President

A. SCHAVAN

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Official Journal of the European Union

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ANNEX

Part 2 of Annex V to Regulation (EC) No 850/2004 shall be replaced by the following:

‘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 (*)

Wastes as classified in
Commission Decision 2000/532/EC

Maximum concentration limits of
substances listed in Annex IV (1)

Operation

10

10 01

WASTES FROM THERMAL
PROCESSES

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

10 01 14 * (2)

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

Aldrin: 5 000 mg/kg;

Chlordane: 5 000 mg/kg;

Dieldrin: 5 000 mg/kg;

Endrin: 5 000 mg/kg;

Heptachlor: 5 000 mg/kg;

Hexachlorobenzene:
5 000 mg/kg;

Mirex: 5 000 mg/kg;

Toxaphene: 5 000 mg/kg;

Polychlorinated Biphenyls
(PCB) (3): 50 mg/kg;

DDT (1,1,1-trichloro-2,2-bis
(4-chlorophenyl)ethane):
5 000 mg/kg;

Chlordecone: 5 000 mg/kg;

Polychlorinated dibenzo-p-
dioxins and dibenzofurans
(PCDD/PCDF) (6) 5 mg/kg;

the sum of alpha-, beta- and
gamma-HCH: 5 000 mg/kg;

Hexabromobiphenyl:
5 000 mg/kg

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 partly
stabilised where technically
feasible as required for clas-
sification of the waste in
subchapter 1903 of Decision
2000/532/EC)

whereby the provisions of
Council Directive 1999/31/EC (4)
and Council Decision
2003/33/EC (5) have to be
adhered to and whereby it has
been demonstrated that the
selected operation is environ-
mentally preferable.

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

10 03 21 *

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

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Official Journal of the European Union

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Wastes as classified in
Commission Decision 2000/532/EC

Maximum concentration limits of
substances listed in Annex IV (1)

Operation

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

16

WASTES NOT OTHERWISE
SPECIFIED IN THE LIST

16 11

Waste linings and refractories

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Wastes as classified in
Commission Decision 2000/532/EC

Maximum concentration limits of
substances listed in Annex IV (1)

Operation

16 11 01 *

16 11 03 *

17

Carbon-based linings and
refractories from metallurgical
processes containing dangerous
substances

Other linings and refractories
from metallurgical processes
containing dangerous
substances

CONSTRUCTION AND DEMO-
LITION WASTES (INCLUDING
EXCAVATED SOIL FROM
CONTAMINATED SITES)

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 soil and
stones containing dangerous
substances

17 09

Other construction and demo-
lition wastes

17 09 02 *

Construction and demolition
wastes containing PCB,
excluding PCB containing
equipment

17 09 03 *

Other construction and demo-
lition wastes containing
dangerous substances

19

WASTES FROM WASTE
MANAGEMENT FACILITIES,
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

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Official Journal of the European Union

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Wastes as classified in
Commission Decision 2000/532/EC

Maximum concentration limits of
substances listed in Annex IV (1)

Operation

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

(1) These limits exclusively apply to a landfill site for hazardous waste and do not apply to permanent underground storage facilities for

hazardous wastes, including salt mines.

(2) Any waste marked with an asterisk * is considered as hazardous waste pursuant to Directive 91/689/EEC and is subject to the

provisions of that Directive.

(3) Where applicable, the calculation method laid down in European standards EN 12766-1 and EN 12766-2 shall be applied.
(4) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1). Directive as amended by

Regulation (EC) No 1882/2003.

(5) Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills

pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ L 11, 16.1.2003, p. 27).

(6) The limit is calculated as PCDD and PCDF according to the following toxic equivalency factors (TEFs):

PCDD

PCDF

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

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

(*) 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).’