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

23.2.2007 EN Official Journal of the European Union L 55/1
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 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 (1), and in particular Article 7(5) first subparagraph, Article 7(6), and Article 14(3) thereof,
Whereas:
(1) The Commission conducted a study on the implementation of the waste-related provisions of Regulation (EC) No 850/2004. This study identified maximum concentration 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.
(2) 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 (PCB) is not sufficient to include these compounds in the TEQ.
(3) Hexachlorocyclohexane (HCH) is the name of a technical mixture of various isomers. The effort necessary to analyse them completely would be disproportionate. Only alpha-, beta- and gamma-HCH are of toxicological relevance. Therefore the concentration limit should refer to them exclusively. Most commercially available analytical standard mixtures for the analyses of this compound class only identify these isomers.
(4) The measures provided for in this Regulation are the most appropriate to ensure a high level of protection.
(5) Regulation (EC) No 850/2004 should therefore be amended accordingly.
(6) The Committee established under Article 17(1) of Regulation (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,