REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the review and update of the third European Union Implementation Plan in accordance with Article 9(4) of Regulation (EU) 2019/1021 on persistent organic pollutants
Date: 2021-07-22
Institutions: Directorate-General for Environment, European Commission
Subjects: dangerous substance, environmental protection, environmental standard, international convention, organic chemical, organic pollution, pollution control measures, protocol to an agreement, public health, waste management

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 22.7.2021  COM(2021) 408 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on the review and update of the third European Union Implementation Plan    in accordance with Article 9(4) of Regulation (EU) 2019/1021    on persistent organic pollutants      {SWD(2021) 201 final}  
 
 
INTRODUCTION 

1. 
The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (POPs)1  (the  ‘Stockholm 
Convention’) was adopted in May 2001 and entered into force in 2004. The European Union 
(‘the  Union’)  and  its  Member  States2  are  parties  to  the  Convention3,  which  has  first  been 
implemented  in  Union  law  by  Regulation  (EC)  No  850/2004  on  persistent  organic 
pollutants4.  That  Regulation  was  replaced  by  the  recast  Regulation  (EU)  2019/1021  on 
persistent organic pollutants5 (the ‘POPs Regulation’). 

The Stockholm Convention requires Parties pursuant to Article 7 to: 

(a)  Develop  and  endeavour  to  implement  a  plan  for  the  implementation  of  its  obligations 
under the Convention; 

(b) Transmit its implementation plan to the Conference of the Parties within two years of the 
date on which the Stockholm Convention enters into force for that Party;  

(c) Review and update, as appropriate, its implementation plans on a periodic basis and in a 
manner to be specified by a decision of the Conference of the Parties. 

The first European implementation plan, titled the ‘Community Implementation Plan’ (CIP) 
was  developed  in  2007  (SEC  (2007)  341)6.  The  CIP  was  first  updated  with  a  ‘Union 
Implementation Plan’ (UIP) produced in 2014 (COM (2014) 306 final), and further updated 
in  early  2019  (COM(2018)848  final).  The  review  and  update  of  the  third  Union 
Implementation Plan has become necessary to further address:  

1)  the  recast  of  the  POPs  Regulation,  which  replaced  the  original  Regulation  (EC)  No 
850/2004 in July 2019;  

2)  the  inclusion  of  a  number  of  new  persistent  organic  pollutants  into  the  Stockholm 
Convention,  including  the  pesticide  dicofol  and  the  industrial  chemical  perfluorooctanoic 
acid (PFOA), its salts and PFOA-related compounds; and  

3) the technical and legislative progress made in the area. 

This UIP was subject to a consultation with Member States' competent authorities, industry, 
environmental  organisations  and  the  general  public.  The  UIP  will  be  submitted  to  the 
Secretariat  of  the  Stockholm  Convention  in  accordance  with  the  Union's  obligations  as  a 
Party. 

2. 

PERSISTENT ORGANIC POLLUTANTS (POPS) 

POPs  are  chemical  substances  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 

1  http://www.pops.int/TheConvention/Overview/TextoftheConvention/tabid/2232/Default.aspx 
2  One Member State has not yet ratified (Italy).  
3  Council Decision of 14 October 2004 concerning the conclusion, on behalf of the European Community, of 
the Stockholm Convention on Persistent Organic Pollutants (2006/507/EC) (OJ L 209, 31.7.2006, p. 1.) 
4  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, p. 7). 

5  Regulation (EU) 2019/1021 of the European Parliament and of the  Council of 20 June  2019 on persistent 

organic pollutants (recast) (OJ L 169, 25.6.2019, p. 45). 

6   https://ec.europa.eu/environment/chemicals/international_conventions/pdf/sec_2007_341.pdf  

1 

 
 
                                                           
Alpine regions  being examples of EU sinks of POPs.  International  action has been deemed 
necessary  to  reduce  and  eliminate  production,  use  and  releases  of  these  substances.  The 
substances addressed in the international legal instruments on POPs are listed in Table 1. 

3. 

3.1. 

INTERNATIONAL AGREEMENTS ADDRESSING POPS 
UNECE Protocol on POPs7 

The  Protocol  on  POPs  (“the  POPs  Protocol”)  of  the  UNECE  Convention  on  Long-Range 
Transboundary Air Pollution (CLRTAP) was adopted on 24 June 1998 in Aarhus, Denmark. 
The POPs Protocol has been approved by the European Union and 23 Member States8. The 
POPs Protocol focuses currently on a list of 16 substances comprising eleven pesticides, two 
industrial chemicals and three unintentional by-products.  In 2009, Parties adopted decisions 
to list seven new substances. However, those decisions did not yet enter into force.  

The  POPs  Protocol  bans  the  production  and  use  of  the  chemicals  that  are  listed,  either 
immediately or at a later stage, and includes provisions for dealing with waste consisting of 
or containing those chemicals. It obliges Parties to reduce their emissions of dioxins, furans, 
polycyclic  aromatic  hydrocarbons  (PAHs)  and  HCB  and  lays  down  specific  emission  limit 
values for the incineration of municipal, hazardous and medical waste. The ultimate objective 
is to eliminate any discharges, emissions and losses of these POP substances. 

3.2. 

Stockholm Convention 

The  Stockholm  Convention  was  adopted  in  2001  in  the  framework  of  the  United  Nations 
Environment  Programme (UNEP) and entered into force in  2004.  It  promotes global action 
on  an  initial  cluster  of  twelve  POP  substances,  with  an  overall  objective  to  protect  human 
health  and  the  environment  from  POPs.  It  requires  Parties  to  take  measures  to  eliminate  or 
reduce  the  release  of  POPs  into  the  environment.  Specific  reference  is  made  to  a 
precautionary  approach  as  set  forth  in  Principle  15  of  the  1992  Rio  Declaration  on 
Environment and Development. This principle is implemented by Article 8 of the Stockholm 
Convention, which lays down the rules for including additional chemicals. 

There are 28 chemicals or groups of chemicals currently listed in Annex A of the Stockholm 
Convention which are subject to a prohibition on production and use, except where there are 
generic or specific exemptions. In addition, the production and use of DDT, a pesticide still 
used  in  many  developing  countries,  is  severely  restricted,  as  set  out  in  Annex  B  of  the 
Stockholm Convention. Annex B also contains PFOS, its salts and PFOS-F, for which there 
are also exemptions and acceptable uses in place. 

The  generic  exemptions  allow  laboratory-scale  research,  use  as  a  reference  standard  and 
unintentional  trace  contaminants  in  chemicals,  mixtures  and  articles.  Articles  containing 
POPs  manufactured  or  already  in  use  before  the  date  of  entry  into  force  of  the  relevant 
obligation are also  subject  to  an  exemption  provided that Parties submit information  on the 
uses  and  a  national  plan  for  waste  management  for  such  articles  to  the  Secretariat  of  the 
Stockholm Convention.  

Releases of unintentionally produced by-products listed in Annex C (dioxins, furans, PCBs, 
PeCB,  HCB,  and  PCNs  (December  2016),  and  hexachlorobutadiene  (December  2018))  are 
subject  to  continuous  minimisation  with  the  ultimate  objective  of  total  elimination,  where 

7   http://www.unece.org/env/lrtap/pops_h1.htm 
8   Greece,  Malta, 

and 
(https://treaties.un.org/Pages/ParticipationStatus.aspx?clang=_en). 

Portugal 

Poland 

did 

not 

yet 

approve 

the 

POPs 

Protocol 

2 

 
 
                                                           
feasible. According to Annex C, Parties are required to promote and, in accordance with their 
action plans, require the use of best available techniques for new sources within their major 
source categories identified in Part II and Part III of Annex C to the Stockholm Convention. 

The  Stockholm  Convention  also  foresees  identification  and  safe  management  of  stockpiles 
containing or consisting of POPs. Waste containing, consisting of or contaminated with POPs 
should  be  disposed  of  in  such  a  way  that  the  POP  content  is  destroyed  or  irreversibly 
transformed so that it does not exhibit POPs characteristics. Where this does not represent the 
environmentally preferable option or where the POP content is low, waste can be otherwise 
disposed  of  in  an  environmentally  sound  manner.  Disposal  operations  that  may  lead  to 
recovery  or  re-use  of  POPs  are  explicitly  forbidden.  With  regard  to  shipment  of  wastes, 
relevant international rules, standards and guidelines, such as the 1989 Basel Convention on 
the Control of Transboundary Movements of Hazardous Wastes and their Disposal, are to be 
taken into account. 

Table 1:  Overview on POPs regulated at international level (the new POPs added to the 

Stockholm Convention since 2009 are highlighted in grey)  

Substance 

CAS 

Listed in Stockholm 
Convention 

Listed in the UNECE 
Protocol on POPs 

Listed in the EU 
POPs Regulation 

Intentionally produced POPs 

Aldrin 
Chlordane 
Chlordecone  
Dieldrin  

Endosulfan 

Endrin 
Heptachlor 
Hexabromobiphenyl (HBB) 

Hexabromocyclododecane 
(HBCDD) (including its 
isomers) 

Hexabromodiphenyl ether and 
heptabromodiphenyl ether 

Hexachlorobenzene (HCB) 

Alpha hexachlorocyclohexane* 

Beta hexachlorocyclohexane* 

309-00-2 
57-74-9 
143-50-0 
60-57-1 
959-98-8 
33213-65-9 
115-29-7 
72-20-8 
76-44-8 
36355-01-8 
25637-99-4 
3194-55-6 
134237-50-6 
134237-51-7 
134237-52-8 
36483-60-0; 
68928-80-3; 
and others 
118-74-1 
319-84-6;  
608-73-1 
319-85-7 

Annex A 
Annex A 
Annex A 
Annex A 

Annex A 

Annex A 
Annex A 
Annex A 

Annex A 

Annex A 

Annex A 

Annex A 

Annex A 

Lindane* 

58-89-9 

Annex A 

Mirex 
Pentachlorobenzene 

Pentachlorophenol (PCP) 

Polychlorinated biphenyls 
(PCB) 

2385-85-5 
608-93-5 
87-86-5 and 
others 
1336-36-3 and 
others 

Annex A 
Annex A 

Annex A 

Annex A 

Tetrabromodiphenyl ether and 

40088-47-9; 

Annex A 

Yes 
Yes 
Yes 
Yes 

No 

Yes 
Yes 
Yes 

No 

Yes 

Yes 
Yes: 
Hexachlorocyclohexan
es (HCH; CAS: 608-
9
), including 
73-1
lindane (CAS: 58-89-
9) 
Yes 
Yes 

No 

Yes 

Yes 

Yes 
Yes 
Yes 
Yes 

Yes 

Yes 
Yes 
Yes 

Yes 

Yes 

Yes 
Yes 

Yes (all isomers 
including gamma 
HCH found in 
lindane) 

Yes 
Yes 
Yes – added with 
the 2019 recast 

Yes 

Yes 

9   This CAS No. covers the isomer mixture of alpha, beta, gamma, delta and epsilon HCH.  

3 

 
 
 
                                                           
Listed in Stockholm 
Convention 

Listed in the UNECE 
Protocol on POPs 

Listed in the EU 
POPs Regulation 

Substance 

pentabromodiphenyl ether 

Toxaphene 

DDT 

Perfluorooctane sulfonic acid, 
its salts and perfluorooctane 
sulfonyl fluoride (PFOS) 
Perfluorooctanoic acid 
(PFOA), its salts and PFOA-
related compounds 
SCCPs – short chain 
chlorinated paraffins 
HCBD – hexachlorobutadiene 
PCN –polychlorinated 
naphthalenes 
Bis(pentabromophenyl)ether, 
also known as 
Decabromodiphenyl ether (c-
decaBDE) 

CAS 

32534-81-9; 
and others 
8001-35-2 

50-29-3 

1763-23-1; 
307-35-7, 
and others 

Annex A 

Annex B 

Annex B 

335-67-1 

Annex A 

85535-84-8; 
and others 
87-68-3 

70776-03-3 and 
others 

Annex A 

Annex A 

Annex A 

1163-19-5 

Annex A 

Yes 

Yes 

Yes 

No 

Yes 

Yes 

Yes 

No 

No 

Dicofol  

115-32-2 

Annex A 

Unintentionally produced POPs 

Polychlorinated dibenzo-p-
dioxins (PCDD) 
Polychlorinated dibenzofurans 
(PCDF) 
Hexachlorobenzene (HCB) 

Pentachlorobenzene 

Polychlorinated Biphenyls 
(PCBs) 
PCN – polychlorinated 
napthalenes 
Polycyclic aromatic 
hydrocarbons (PAHs) 

1746-01-6 

Annex C 

1746-01-6 

Annex C 

118-74-1 

608-93-5 

1336-36-3 and 
others 

70776-03-3 and 
others 

207-08-9 and 
others  

Annex C 

Annex C 

Annex C 

Annex C 

No 

HCBD – hexachlorobutadiene 

87-68-3 

Annex C 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes – added April 
2020 

Yes 

Yes 

Yes 

Yes – added with 
the 2019 recast 

Yes – added June 
2020 

Yes 

Yes 
Yes  –  added  with 
the 2019 recast 

Yes 

Yes – added with 
the 2019 recast 
Yes 

Yes – added with 
the 2019 recast 

*  Lindane,  Alpha-  and  Beta  hexachlorocyclohexane,  as  well  as  Chlordecone  and  Hexabromobiphenyl  are  new  POPs 
under the Stockholm Convention but have already been covered under the POPs Protocol and the POPs Regulation. 

4. 

PURPOSE OF THE UNION IMPLEMENTATION PLAN (UIP) ON POPS 

The Stockholm Convention lays down an obligation for all Parties, to develop and endeavour 
to  implement  a  plan  for  the  implementation  of  their  obligations  under  the  Stockholm 
Convention.  For  the  Union,  this  obligation  is  also  implemented  in  Article  9  of  the  POPs 
Regulation.  The  Commission  therefore  developed  (in  2007)  an  Implementation  Plan  on 
POPs,  which  also  covers  the  substances  that  fall  under  the  POPs  Protocol10.  This  plan  has 
subsequently  been  updated  several  times  as  the  Stockholm  Convention,  the  POPs  Protocol 
and EU law have evolved. 

10   SEC (2007) 341 

4 

 
 
 
                                                           
The overall purpose of the UIP is not only to fulfill legal obligations, but also to take stock of 
actions taken and to lay down a strategy and action plan for further Union measures related to 
POPs included in the Stockholm Convention and/or in the UNECE Protocol on POPs. 

The UIP therefore aims to: 

 

review the existing Union measures related to POPs; 

  assess  their  efficiency  and  sufficiency  in  meeting  the  obligations  of  the 

Stockholm Convention; 

 

identify needs for further Union measures; 

  establish a plan for implementing the further measures; 

 

identify  and  strengthen  links  and  potential  synergies  between  POPs 
management and other environmental policies and other policy fields; and 

 

increase awareness on POPs and their control measures. 

5. 

SUMMARY OF THE UNION IMPLEMENTATION PLAN 

The  fourth  Union  Implementation  Plan  is  laid  down  in  the  Commission  Staff  Working 
Document accompanying this report. The review and update of the third Implementation Plan 
addresses  the  changes  included  within  the  recast,  in  the  POPs  Regulation,  the  inclusion  of 
new  persistent  organic  pollutants  in  the  Stockholm  Convention  and  the  technical  and 
legislative progress made in the area. 

The introduction provides an overview of the international legislative framework in which the 
POPs  Regulation  operates,  including  a  summary  of  the  UNECE  Protocol  on  POPs  and  the 
Stockholm Convention. 

Chapter 2 presents the status quo of the EU’s execution of its obligations as a Party to the 
above-mentioned  international  frameworks.  It  describes  the  relevant  EU  legislation  put  in 
place as well as the financial instruments that support implementation. 

Notably,  this  includes  new  sections  of  the  UIP  providing  detailed  descriptions  of  the  POPs 
Regulation. As part of the POPs Regulation, the European Chemicals Agency (ECHA) gets a 
number of tasks to support the European Commission, amongst others in the work to identify 
new candidate POPs.  This  alteration of the Regulation  more  closely  aligns  processes under 
the  POPs  Regulation  with  the  related  chemicals  legislation  on  the  Registration,  Evaluation, 
Authorisation  and  Restriction  of  Chemicals  (REACH),  i.e.  Regulation  (EC)  No  1907/2006. 
Furthermore,  ECHA  has  an  obligation  to  provide  additional  information  on  the  ECHA 
website11,  including  notification  of  the  preparation  of  a  proposal  for  the  listing  of  a  new 
substance and an eight-week consultation window for any interested parties, allowing greater 
transparency  and  input  for  industry,  non-governmental  organisations  (NGOs)  and  research 
bodies into the provision of data on candidate POPs. 

The POPs  Regulation  also modifies the obligation on Member States reporting. The annual 
and triannual  reporting to the Commission  on progress  against the objectives of Regulation 
(EC) No 850/2004 under Article 12 is replaced by Article 13 of the POPs Regulation, which 
requires Member States  to  draw up a report detailing progress  against the objectives of the 
POPs Regulation and to make it publicly available. The Member States are required to give 
the Commission and ECHA access to the information contained in the reports.  

11 https://echa.europa.eu/understanding-pops 

5 

 
 
                                                           
Chapter  2  further  includes  additional  information  on  Union  legislation  covering  soil  and 
contaminated land, which was missing in previous versions of the UIP and CIP. This includes 
details  on  the  Environmental  Liability  Directive  (2004/35/EC),  the  Fertilising  Products 
Regulation (EU) 2019/1009 and the thematic strategy for soil protection. 

Chapter 3 provides an overall assessment of POPs in the Union, regarding their production, 
use  and  placing  on  the  market  as  well  as  with  regard  to  existing  stockpiles  and  the 
contamination of waste streams. This chapter is mainly based on reports and implementation 
plans prepared by the Member States. 

This includes detailed new sections covering in particular: 

  The  brominated  flame-retardant  decabromodiphenyl  ether  (decaBDE),  which  was 
widely  used  in  the  Union  in  plastics  and  in  textiles  used  within  soft-furnishing 
applications before a REACH restriction on the use of decaBDE came into force in 
March  2019.  In  May  2017,  the  Conference  of  the  Parties  to  the  Stockholm 
Convention decided to  list  decaBDE in  Annex A. The UIP reports that peak use of 
decaBDE in the Union was 75,000 tonnes in 2000, with a full phase-out achieved by 
2019. Given the lifespan of treated articles, decaBDE can be expected to still impact 
waste streams for several years to come. 

  The  perfluorinated  surfactant  perfluorooctanoic  acid  (PFOA)  its  salts  and  PFOA 
related-compounds.  PFOA  is  the  second  per-  and  poly-fluorinated  alkyl  substance 
(PFAS)  listed  in  the  annex  to  the  Stockholm  Convention  after  perfluorooctane 
sulfonic  acid  (PFOS).  PFOA  has  been  used  extensively  in  the  Union  across  a  very 
wide  range  of  applications  as  a  water,  oil  and  stain  repellent,  and  also  as  an 
intermediate  in  the  manufacture  of  fluoropolymers.  PFOA  was  added  to  the 
Stockholm  Convention  in  2019  with  a  number  of  exemptions.  The  management  of 
PFOA and waste contaminated with PFOA represents a significant challenge for the 
Union over the next decade and beyond. 

  The  pesticide  pentachlorophenol  (PCP),  which  has  been  previously  used  as  a  wood 
preservative, primarily within industrial settings such as electricity transmission lines, 
and  railway  sleepers.  PCP,  its  salts  and  esters  were  added  to  Annex  A  to  the 
Stockholm  Convention  in  May  2015.  Use  of  PCP  within  the  Union  has  been 
restricted since 1991 and was further restricted under REACH in 2008. While no use 
of PCP for wood treatment has occurred in the Union for many years, the lifespan of 
treated  timbers  can  be  up  to  50  years,  potentially  creating  issues  for  final 
management of waste wood. 

  The pesticide dicofol, which was used as a replacement for DDT for control of mites 
and other pests for a variety of crops such as fruits, vegetables, ornamentals, cotton 
and  tea.  Dicofol  was  added  to  the  Stockholm  Convention  in  May  2019.  Within  the 
Union, use of dicofol decreased from 317 tonnes per annum in 2000 to 32 tonnes per 
annum in 2009. The use of dicofol was no longer permitted in the Union after 2010. 
Dicofol was also added to the Directive on Environmental Quality Standards in 2013 
(2013/39/EU).  Limited  legacy  issues  are  expected  (beyond  sites  of  former  use), 
though contamination of imported crops may present an area for further control. 

Chapter 3 also includes updates on the work towards the final phase-out and destruction (or 
irreversible transformation) of polychlorinated biphenyls (PCBs) used as heat-transfer fluids 
within di-electric equipment. A survey conducted in 2017 showed that most Member States 
made substantive progress towards elimination from use of equipment containing PCBs. The 

6 

 
 
POPs  Regulation  includes  the  target  set  under  the  Stockholm  Convention  for  phase-out  of 
PCBs by 2025.  

Chapter  3  further  details  work  undertaken  to  reassess  the  POPs  criteria  for  highly  mobile 
the 
substances,  with 
bioaccumulation criterion.  

the  possibility  of  developing  new  supplementary  criteria 

to 

Chapters  4  and  5  provide  an  in-depth  analysis  of  each  individual  obligation  of  the 
Stockholm Convention affecting the Union’s treatment of POPs. Subsequent to this analysis, 
the UIP identifies 31 actions to improve implementation of the Union’s obligations under the 
Stockholm Convention. 

Chapters  3  and  4  demonstrate  that  the  use  of  the  substances  listed  in  the  Stockholm 
Convention or the POPs Protocol and regulated by the POPs Regulation before 2008 (the old 
POPs)  has  been  progressively  phased-out.  Remaining  uses  of  old  POPs  are  only  in  articles 
that  were  produced  and  placed  on  the  market  before  the  entry  into  force  of  the  POPs 
Regulation  and  as  standards  for  research  purposes.  Both  remaining  uses  are  covered  by 
general exemptions granted in the Stockholm Convention and by the POPs Regulation. 

The POPs newly listed in the Stockholm Convention or the POPs Protocol between 2009 and 
2017  were  subsequently  added  to  the  POPs  Regulation.  POPs  added  to  the  Stockholm 
Convention  in  May  2019  were  either  already  long  since  phased-out  within  the  Union 
(dicofol)  or  subject  to  further  controls  under  REACH  (PFOA,  its  salts  and  related-
compounds), and were added to the POPs Regulation in 2020. 

For  some  POPs,  in  particular  brominated  flame-retardants  (PBDEs  and  HBCDD)  and 
perfluorinated  chemicals  (PFOA,  its  salts  and  related-compounds),  use  had  continued  until 
more  recently,  meaning  that  waste  containing  these  substances  may  present  a  challenge  for 
the Union and Member States for some years to come. Furthermore, waste containing POPs 
(e.g. obsolete pesticides  or contaminated equipment) has been imported into  some Member 
States for the purpose of its disposal and elimination. These imports have been undertaken in 
accordance  with  the  provisions  of  the  Stockholm  Convention  and  contribute  to  the  overall 
reduction and sound management of POPs globally. 

In a few Member States, there are still stockpiles of obsolete pesticides which contain POP 
substances  and  for  which  production,  use  and  placing  on  the  market  are  now  strictly 
forbidden under the POPs Regulation. Those stockpiles and other waste that consists of or is 
contaminated  by  POPs  require  adequate  management  to  ensure  environmentally  sound 
disposal,  including  the  specification  and  revision  of  appropriate  limit  values  and  waste 
treatment  operations.  To  that  effect,  the  Commission  is  currently  preparing  a  proposal  for 
amending Annexes IV and V to the POPs Regulation. 

The survey of Member States conducted in 2017 for remaining in-use stocks of PCBs within 
heat-transfer  fluids  for  di-electric  equipment  highlighted  that,  against  an  assumed  stock  in 
1990,  less  than  10%  remained.  However,  for  a  small  number  of  Member  States,  remaining 
stocks  in  use  were  much  higher  at  around  50%  of  the  1990  baseline.  The  Stockholm 
Convention provides for a phase-out of the use of PCBs in equipment by 2025, and requires 
Parties  to  ensure  environmentally  sound  waste  management  of  liquids  containing  PCBs  by 
2028. 

Chapters  6  and  7  provide  additional  information  on  implementation  of  other  obligations 
than those directly linked with chemicals that are listed. They demonstrate that the exchange 
of information on technical matters amongst Member States and with third countries is still a 
challenge and should be improved in order to better support the implementation of the POPs 
Regulation.  

7 

 
 
Furthermore,  a  public  consultation  was  held  on  the  latest  draft  version  of  the  UIP  in  the 
autumn of 2019. Feedback from the respondents highlighted concerns from both the general 
public and experts. The respondents in particular highlighted a lack of visibility of ongoing 
activities on POPs at the Member State and Union level (including how they could input) and 
a lack of communication tailored to the correct stakeholder groups on what the key concerns 
and  issues  are  surrounding  POPs.  The  general  public  respondents  in  particular  highlighted 
their greatest concerns with information on obsolete pesticides and contamination of food. 

Communication with the public and key stakeholders forms the focus of one of the 31 actions 
to improve the implementation of the Union’s obligations. 

The Union and the Member States provide considerable technical and financial assistance to 
support  the  implementation  of  the  Stockholm  Convention  by  developing  countries  through 
various instruments.  

6. 

OVERALL CONCLUSIONS 

In the Union, legal measures regarding production, placing on the market and use of POPs, 
and  those  addressing  the  management  of  waste  that  consists  of  or  contains  POPs,  are 
sufficiently comprehensive to meet the obligations of the Convention and the POPs Protocol. 

Significant progress towards the elimination of POPs has been achieved. Production and use 
of all POP substances is prohibited with some minor exemptions. A main challenge for the 
Union  is  to  eliminate  POPs  from  the  waste  cycle  and  remaining  stockpiles  as  these  still 
present a major emission source. The biggest challenges currently concern brominated POPs 
previously used as flame retardants (PBDEs and HBCDD), perfluorinated chemicals (PFOA, 
its  salts  and  related-compounds),  management  of  obsolete  pesticides  and  final  phase-out  of 
PCBs from di-electric equipment to meet the 2025 target set in the POPs Regulation. 

In light of the obligations stemming from the Stockholm Convention and taking into account 
the  situation  in  the  Union,  the  implementation  plan  outlines  31  actions  that  are  needed  to 
meet  the  obligations.  Five  actions  are  new  and  address  in  particular  the  newly  listed 
chemicals. Eight actions are continuous (ongoing) actions and 16 actions were already listed 
in  the  previous  implementation  plan  and  are  still  ongoing  since  they  have  not  yet  been 
completed or continue to remain relevant. 

The release of POPs due to unintentional production remains one of the most important issues 
to  be  tackled  in  the  Union.  Several  actions  are  thus  dedicated  to  the  development  of 
corresponding  measures  with  the  goal  to  achieve  a  further  reduction  of  emissions  of  POP 
substances.  Prevention  of  the  formation  of  unintentional  POPs  through  the  development  of 
processes and technologies that avoid their formation should mainly be addressed in the area 
of industrial production but also cover domestic sources such as diffuse incineration sources. 
There is still a need for additional research and technological development in this area.  

Inventories of polychlorinated biphenyl (PCB) containing equipment, as well as action plans 
for  their  collection  and  disposal  were  compiled  by  all  Member  States.  Information  about 
current  amounts  of  PCB-containing  equipment  demonstrates  that  good  progress  has  been 
made  by  many  Member  States;  however,  some  Member  States  still  have  challenges  to 
overcome,  and  further  efforts  are  required  to  meet  the  objective  under  the  Stockholm 
Convention of a phase-out of the use of PCB by 2025. 

The use of brominated POPs as flame-retardants, in particular PBDEs and HBCDD has been 
widespread in the Union, but use of PBDEs and HBCDD is now prohibited under the POPs 
Regulation,  with  phase-out  completed  some  years  ago.  However,  the  lifespan  of  treated 

8 

 
 
articles  presents  a  challenge  for  the  management  of  waste  materials  containing  these 
substances.  Good  progress  has  been  made  in  the  development  of  techniques  for  the 
identification  and  separation  of  these  within  waste  streams,  including  guidance  from  the 
Secretariat.  However,  continued  efforts  are  needed  to  help  tackle  the  issues  presented  by 
brominated POPs in the waste stream. Furthermore, while treated plastics are managed under 
a  defined  waste  stream  under  the  Waste  Electrical  and  Electronic  Equipment  (WEEE) 
Directive  2012/19/EU12,  treated  textiles  will  enter  municipal  waste  streams,  where  there  is 
potentially a lower awareness of the issue.  

There  is  limited  on-going  production  of  perfluorooctane  sulfonic  acid,  its  salts  and 
perfluorooctane sulfonyl fluoride (PFOS) in the Union. The use of PFOS in the metal plating 
industry is the only remaining source for PFOS releases from intended use of the substance. 
Alternatives  and  substitutes  have  already  been  investigated  for  this  use,  which  need  to  be 
implemented to completely phase-out the use of PFOS. 

Use of PFOA across a range of different applications has been widespread across the Union, 
with likely significant challenges for waste and potential for emission. Furthermore, the UIP 
identifies that, while PFOS and PFOA have been listed under the Stockholm Convention and 
the  POPs  Regulation,  further  work  on  other  PFAS  compounds  is  ongoing  at  international 
level, including the nomination by Norway of perfluorohexane sulfonic acid (PFHxS) to the 
Stockholm Convention, as well as at Union level. Therefore, actions to address PFAS in the 
Union and globally are included in the Union Chemicals Strategy for Sustainability13. 

Finally,  responses  to  the  public  consultation  on  the  draft  UIP  highlighted  challenges  in 
communication and engagement. An ongoing action exists for the Commission and Member 
States  to  evaluate  the  need  for  and  the  added  value  of  a  concerted  action  –  coordinated 
information  campaigns  at  Union  level  –  in  the  field  of  POPs,  taking  into  consideration  the 
obligation of Member States to disseminate environmental information on POPs pursuant to 
Directive  2003/4/EC14.  Dissemination  of  POPs  information  has  already  been  enhanced 
through the development of the ECHA website on POPs and the creation of the Information 
Platform  for  Chemical  Monitoring  (IPCheM).  However,  further  review  is  needed  on  what 
kind  of  dissemination  is  needed  to  help  interested  parties  find  information  more  easily, 
particularly for ongoing activities on POPs. 

12 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and 

electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38) 

13 COM(2020) 667 final 
14 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to 

environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26) 

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