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Home Resources Legal Updates August 2019

Regulation (EU) 2019/1021 on persistent organic pollutants

07 August 2019

Came into effect: 15th July 2019
Amends: Regulation (EC) No 850/2004 on persistent organic pollutants
Jurisdiction: EU

This regulation creates a legal framework to protect human health and the environment by prohibiting, phasing out, or restricting the production, placing on the market and use of Persistent Organic Pollutants.

Persistent Organic Pollutants (POPs) are chemical substances which stay in the environment, migrate into, and accumulate in the food chain and threaten human health and the environment. POPs can be found in pesticides, industrial chemicals (such as polychlorinated biphenyls - PCBs), and industrial by-products.

Duties

Controlling the manufacture, placing on market, use, and listing of substances
The manufacture, placing on the market, and use of substances in Annex 1 either on their own or as mixtures is prohibited, and those in Annex II are restricted.

There are some exemptions such as substances listed which are used for laboratory research.

Stockpiles
A stockpile (an accumulation of a large quantity of a material) which contains any substances listed in Annex I or Annex II for which no use is permitted should be managed as waste.

Inventories and action plans
By July 2021, EU countries must produce and maintain an inventory of the substances listed in Annex III that have been released to air, water and land.

They must also develop an action plan for eliminating the total release of the substances in Annex III.

Waste management
Producers and holders of waste must avoid the contamination of waste with substances listed in Annex IV, were possible.

Waste containing, or contaminated by any of the substances in Annex IV must be disposed of or recovered, without delay.

Implementation plans
EU countries must prepare and update national implementation plans, in line with national procedures and through consultation with the public. The plans must be made publically available.

EU countries are required to designate a competent authority responsible for the enforcement of the regulation.

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