REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants
Date: 2023-10-30
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, dangerous substance, delegated legislation, environmental protection, international convention, organic chemical, organic pollution, protocol to an agreement, transfer of competence, waste management

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  EN 

   EUROPEAN COMMISSION  Brussels, 30.10.2023  COM(2023) 680 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 

on the exercise of the delegation conferred on the Commission pursuant to Regulation 
(EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on 
persistent organic pollutants 

1. INTRODUCTION AND LEGAL BASIS 

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on 
Persistent organic pollutants1 (hereinafter, “the POPs Regulation”) implements the Stockholm 
Convention on persistent organic pollutants ("Stockholm Convention"), signed on 23 May 2001 
and approved, on behalf of the European Community, by Council Decision 2006/507/EC2. In 
addition, the POPs Regulation implements the Protocol to the 1979 Convention on Long-Range 
Transboundary Air Pollution on Persistent Organic Pollutants (‘the Protocol’), approved by the 
Union on 19 February 20043. The measures to  reduce or eliminate releases form intentional 
production and use and from unintentional production of persistent organic pollutants are laid 
down in the POPs Regulation.  

Article 15(1) of the POPs Regulation empowers the Commission to adopt delegated acts subject 
to the conditions laid down in Article 18 of this Regulation in order to amend the Annexes I, II 
and III to this Regulation in order to adapt them to changes to the list of substances set out in 
the Annexes to the Convention or the Protocol, on the basis that the Union has supported the 
change concerned by means of a Council decision adopted in accordance with Article 218(9) 
TFEU, or to modify existing entries or provisions in Annexes I and II to this Regulation in order 
to adapt them to scientific and technical progress. 

This  report  is  to  meet  the  obligation  set  for  the  Commission  by  Article  18(2)  of  the  POPs 
Regulation. Article 18(2) requires the Commission to present to the European Parliament and 
to the Council a report on the exercise of the delegation conferred on the Commission by the 
POPs Regulation. The report shall be drawn up not later than nine months before the end of the 
five-year period of the delegation, running from 15 July 2019. The delegation of power shall 
be tacitly extended for periods of an identical duration, unless the European Parliament or the 
Council opposes such extension not later than three months before the end of each period. 

2. EXERCISE OF THE DELEGATION 

During the period concerned by this report, the Commission adopted six delegated acts in order 
to amend certain non-essential elements of the POPs Regulation. Those delegated acts were 
adopted on the basis of Article 15(1) of the POPs Regulation.  

The following acts were adopted: 

1 OJ L 169, 25.6.2019, p. 45. 
2 Council Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the European 
Community, of the Stockholm Convention on Persistent Organic Pollutants (OJ L 209, 31.7.2006, p. 1). 
3 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants 
(OJ L 81, 19.3.2004, p. 37). 

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2.1. Commission Delegated Regulation (EU) 2020/7844 

The  approach  followed  in  the  delegated  act  to  determine  the  details  of  the  listing  of 
perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Part A of Annex I, in 
particular the exemptions, was subject to discussions and consultations within an expert group 
consisting of representatives of Member States’ competent authorities for the POPs Regulation, 
of the European Chemicals  Agency, of industry  and of the civil  society  (hereinafter, “POPs 
Expert Group”5) in  the meetings  of 13 June 2019  and 26 November 2019.  The POPs Expert 
Group  was  consulted  on  the  draft  Commission  Delegated  Regulation,  which  was  made 
available  in  advance  of  the  second  meeting.  The  Commission  adopted  the  delegated  act  on 
8 April 2020  and  notified  it  to  the  European  Parliament  and  the  Council.  Neither  institution 
objected to the delegated act within the period of two months provided for in Article 18(6) of 
the  POPs  Regulation.  Commission  Delegated  Regulation  (EU)  2020/784  was  published  on 
15 June 2020 and applies from 4 July 2020.  

2.2. Commission Delegated Regulation (EU) 2020/12036 

The  approach  followed  in  the  delegated  act  to  determine  the  modifications  of  the  entry  for 
perfluorooctane sulfonic acid and its derivatives (PFOS) in Part A of Annex I was subject to 
discussions and consultations within the POPs Expert Group in the meetings of 13 June 2019 
and  26 November 2019.  The  POPs  Expert  Group  was  consulted  on  the  draft  Commission 
Delegated  Regulation,  which  was  made  available  in  advance  of  the  second  meeting.  The 
Commission  adopted  the  delegated  act  on  9 June 2020  and  notified  it  to  the  European 
Parliament and the Council. Neither institution objected to the delegated act within the period 
of two months provided for in Article 18(6) of the POPs Regulation. Commission Delegated 
Regulation  (EU)  2020/1203  was  published  on  18 August 2020  and  applies  from 
7 September 2020. 

2.3 Commission Delegated Regulation (EU) 2020/12047 

The approach followed in the delegated act to determine the details of the listing of dicofol in 
Part A of Annex I was subject to discussions and consultations within the POPs Expert Group 
in  the  meeting  of  26 November 2019.  The  POPs  Expert  Group  was  consulted  on  the  draft 
Commission Delegated Regulation, which was made available in advance of the meeting. The 
Commission  adopted  the  delegated  act  on  9 June 2020  and  notified  it  to  the  European 
Parliament and the Council. Neither institution objected to the delegated act within the period 
of two months provided for in Article 18(6) of the POPs Regulation. Commission Delegated 
Regulation  (EU)  2020/1204  was  published  on  18 August 2020  and  applies  from 
7 September 2020. 

4  Commission  Delegated  Regulation  (EU)  2020/784  of  8  April  2020  amending  Annex  I  to  Regulation  (EU) 
2019/1021 of the European Parliament and of the Council as regards the listing of perfluorooctanoic acid (PFOA), 
its salts and PFOA-related compounds (OJ L 188 I, 15.6.2020, p. 1). 
5 https://intragate.ec.europa.eu/regexpback/screen/expert-groups/details?groupId=1656 
6  Commission  Delegated  Regulation  (EU)  2020/1203  of  9  June  2020  amending  Annex  I  to  Regulation  (EU) 
2019/1021 of the European Parliament and of the Council as regards the entry for perfluorooctane sulfonic acid 
and its derivatives (PFOS) (OJ L 270, 18.8.2020, p. 1). 
7  Commission  Delegated  Regulation  (EU)  2020/1204  of  9  June  2020  amending  Annex  I  to  Regulation  (EU) 
2019/1021 of the European Parliament and of the Council as regards the listing of dicofol (OJ L 270, 18.8.2020, 
p. 4). 

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2.4 Commission Delegated Regulation (EU) 2021/1158 

The  approach  followed  in  the  delegated  act  to  determine  the  modifications  of  the  entry  for 
perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Part A of Annex I 
was subject to discussions and consultations within the POPs Expert Group in the meetings of 
9 June 2020  and  24 November 2020.  The  POPs  Expert  Group  was  consulted  on  the  draft 
Commission  Delegated  Regulation,  which  was  made  available  in  advance  of  the  second 
meeting. The Commission adopted the delegated act on 27 November 2020 and notified it to 
the  European  Parliament  and  the  Council.  Neither  institution  objected  to  the  delegated  act 
within  the  period  of  two  months  provided  for  in  Article  18(6)  of  the  POPs  Regulation. 
Commission  Delegated  Regulation  (EU)  2021/115  was  published  on  2 February 2021  and 
applies from 22 February 2021. 

2.5 Commission Delegated Regulation (EU) 2021/2779 

The  approach  followed  in  the  delegated  act  to  determine  the  modifications  of  the  entry  for 
pentachlorophenol and its salts and esters in Part A of Annex I was subject to discussions and 
consultations  within  the  POPs  Expert  Group  in  the  meetings  of  26 November 2019, 
9 June 2020  and  24 November 2020.  The  POPs  Expert  Group  was  consulted  on  the  draft 
Commission Delegated Regulation, which was made available in advance of the third meeting. 
The  Commission  adopted  the  delegated  act  on  16 December 2020  and  notified  it  to  the 
European Parliament and the Council. Neither institution objected to the delegated act within 
the period of two months provided for in Article 18(6) of the POPs Regulation. Commission 
Delegated  Regulation  (EU)  2021/277  was  published  on  23 February 2021  and  applies  from 
15 March 2021. 

2.6 Commission Delegated Regulation (EU) 2022/229110 

The  approach  followed  in  the  delegated  act  to  determine  the  modifications  of  the  entry  for 
hexachlorobenzene in Part A of Annex I was subject to discussions and consultations within 
the POPs Expert Group in the meetings of 8 June 2021, 23 November 2021 and 2 June 2022. 
The POPs Expert Group was consulted on the draft Commission Delegated Regulation, which 
was made available in advance of the meetings. The Commission adopted the delegated act on 
8 September 2022  and  notified  it  to  the  European  Parliament  and  the  Council.  Neither 
institution objected to the delegated act within the period of two months provided for in Article 
18(6)  of  the  POPs  Regulation.  Commission  Delegated  Regulation  (EU)  2022/2291  was 
published on 23 November 2022 and applies from 13 December 2022. 

2.7 Delegated powers not used during the reporting period 

The  delegated  powers  of  the  POPs  Regulation  to  adopt  delegated  acts  in  accordance  with 
Articles  4(3)  and  10(2)  were  not  exercised  during  the  reporting  period  since  there  were  no 
requests from Member States to permit the manufacturing and use of a substance as a closed-

8 Commission Delegated Regulation (EU) 2021/115 of 27 November 2020 amending Annex I to Regulation (EU) 
2019/1021 of the European Parliament and of the Council as regards perfluorooctanoic acid (PFOA), its salts and 
PFOA-related compounds (OJ L 36, 2.2.2021, p. 7). 
9 Commission Delegated Regulation (EU) 2021/277 of 16 December 2020 amending Annex I to Regulation (EU) 
2019/1021  of  the  European  Parliament  and  of  the  Council  on  persistent  organic  pollutants  as  regards 
pentachlorophenol and its salts and esters (OJ L 62, 23.2.2021, p. 1). 
10 Commission Delegated Regulation (EU) 2022/2291 of 8 September 2022 amending Annex I to Regulation (EU) 
2019/1021  of  the  European  Parliament  and  of  the  Council  on  persistent  organic  pollutants,  as  regards 
hexachlorobenzene (OJ L 303, 23.11.2022, p. 19). 

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system  site-limited  intermediate  in  accordance  with  Article  4(3)  nor  was  there  any  need  to 
change the list of substances subject to mandatory monitoring in accordance with Article 10(2). 
Since the situation can change at any time, it is important that the Commission is empowered 
to adopt delegated acts that adapt the POPs Regulation to reflect those developments. 

3. CONCLUSION 

During this reporting period the Commission has exercised the delegated powers provided for 
by  the  POPs  Regulation  on  six  occasions  and  under  the  legal  basis  referred  to  above.  The 
Commission is of the view that the delegated powers conferred by Articles 4(3), 10(2) and 15(1) 
should be tacitly extended, including those that were not yet exercised since the need to amend 
the  POPs  Regulation  to  reflect  developments  in  accordance  with  Articles  4(3)  or  10(2)  can 
occur at any time. The implementation of the POPs Regulation is advancing and technical and 
scientific progress takes place. Developments in Union law and under the Convention need to 
be  reflected  and  require  adaptations  of  the  Annexes  to  the  POPs  Regulation.  Therefore,  the 
Commission will be required to adopt further delegated acts in the future in order to keep the 
legal framework up to date. 

The  Commission  complies  with  the  reporting  requirement  under  Article  18(2)  of  the  POPs 
Regulation and invites the European Parliament and the Council to take note of this report. 

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