Address https://gelex.eu/eli/EU/regulation/2016/460@2016-03-30/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
3. ANNEX
4. ANNEX List of substances subject to waste management provisions set out in Article 7

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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, and in particular Article 7(4)(a) and (5) and Article 14(2) and (4) thereof,

Whereas:

(1) Regulation (EC) No 850/2004 implements in the law of the Union the commitments set out in the Stockholm Convention on Persistent Organic Pollutants (hereinafter the Convention) approved by Council Decision 2006/507/EC on behalf of the Community, and in the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants approved by Council Decision 2004/259/EC, on behalf of the Community.

(2) At the sixth meeting of the Conference of the Parties to the Convention from 28 April to 10 May 2013, it was agreed to add hexabromocyclododecane (hereinafter HBCDD) to Annex A (elimination) to the Convention. The elimination of HBCDD under the Convention was, however, made subject to a specific exemption, namely the use of HBCDD in expanded polystyrene and extruded polystyrene in buildings and the production of HBCDD for that purpose.

(3) In view of the amendment of the Convention, it is necessary to amend Annexes IV and V to Regulation (EC) No 850/2004, adding HBCDD to the annexes and indicating the corresponding concentration limits, in order to ensure that wastes containing HBCDD are managed in accordance with the provisions of the Convention. HBCDD should be listed in Annexes IV and V to Regulation (EC) No 850/2004.

(4) The proposed concentration limits in Annexes IV and V to Regulation (EC) No 850/2004 have been set applying the same methodology that was used for establishing the limit values in previous amendments of Annexes IV and V. The proposed concentration limits are considered the most appropriate to ensure a high level of protection of human health and the environment in view of the destruction or irreversible transformation of HBCDD. In order to take account of technical developments, and in particular of the review of the technical guidelines of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, the concentration limit in Annex IV should be reviewed by the Commission within 3 years of the date of entry into force of this Regulation with a view to lowering the threshold.

(5) In order to allow companies and competent authorities sufficient time to adapt to the new requirements, this Regulation should apply only from 6 months after the date of publication.

(6) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes IV and V to Regulation (EC) No 850/2004 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 30 September 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 March 2016. For the Commission The President Jean-Claude Juncker

ANNEX

ANNEX List of substances subject to waste management provisions set out in Article 7

In the table of Annex IV to Regulation (EC) No 850/2004, the following row is added: Substance CAS No EC No Concentration limit referred to in Article 7(4)(a) Hexabromocyclododecane 25637-99-4, 3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8 247-148-4 221-695-9 1000 mg/kg, subject to review by the Commission by 20.4.2019 In Annex V to Regulation (EC) No 850/2004, Part 2, the table is replaced by the following: Wastes as classified in Commission Decision 2000/532/EC Maximum concentration limits of substances listed in Annex IV Operation 10 WASTES FROM THERMAL PROCESSES Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs): 10000 mg/kg; Aldrin: 5000 mg/kg; Chlordane: 5000 mg/kg; Chlordecone: 5000 mg/kg; DDT (1,1,1-trichloro-2,2-bis (4-chlorophenyl) ethane): 5000 mg/kg; Dieldrin: 5000 mg/kg; Endosulfan: 5000 mg/kg; Endrin: 5000 mg/kg; Heptachlor: 5000 mg/kg; Hexabromobiphenyl: 5000 mg/kg; Hexabromocyclododecane: 1000 mg/kg; Hexachlorobenzene: 5000 mg/kg; Hexachlorobutadiene: 1000 mg/kg; Hexachlorocyclohexanes, including lindane: 5000 mg/kg; Mirex: 5000 mg/kg; Pentachlorobenzene: 5000 mg/kg; Perfluorooctane sulfonic acid and its derivatives (PFOS) (C8F17SO2X) (X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers): 50 mg/kg; Polychlorinated Biphenyls (PCB): 50 mg/kg; Polychlorinated dibenzo-p-dioxins and dibenzofurans: 5 mg/kg; Polychlorinated naphthalenes (*): 1000 mg/kg; Sum of the concentrations of tetrabromodiphenyl ether C12H6Br4O), pentabromodiphenyl ether (C12H5Br5O), hexabromodiphenyl ether (C12H4Br6O)and heptabromodiphenyl ether (C12H3Br7O): 10000 mg/kg; Toxaphene: 5000 mg/kg. Permanent storage shall be allowed only when all the following conditions are met: 10 01 Wastes from power stations and other combustion plants (except 19) 10 01 14 * Bottom ash, slag and boiler dust from co-incineration containing hazardous substances 10 01 16 * Fly ash from co-incineration containing hazardous substances 10 02 Wastes from the iron and steel industry 10 02 07 * Solid wastes from gas treatment containing hazardous substances 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 hazardous substances 10 03 21 * Other particulates and dust (including ball-mill dust) containing hazardous substances 10 03 29 * Wastes from treatment of salt slags and black drosses containing hazardous 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 hazardous substances 10 09 Wastes from casting of ferrous pieces 10 09 09 * Flue-gas dust containing hazardous substances 16 WASTES NOT OTHERWISE SPECIFIED IN THE LIST 16 11 Waste linings and refractories 16 11 01 * Carbon-based linings and refractories from metallurgical processes containing hazardous substances 16 11 03 * Other linings and refractories from metallurgical processes containing hazardous substances 17 CONSTRUCTION AND DEMOLITION 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 hazardous substances 17 05 Soil (including excavated soil from contaminated sites), stones and dredging spoil 17 05 03 * Soil and stones containing hazardous substances 17 09 Other construction and demolition wastes 17 09 02 * Construction and demolition wastes containing PCB, excluding PCB containing equipment 17 09 03 * Other construction and demolition wastes (including mixed wastes) containing hazardous 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 19 01 11 * Bottom ash and slag containing hazardous substances 19 01 13 * Fly ash containing hazardous substances 19 01 15 * Boiler dust containing hazardous 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 The maximum concentration limit of polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD and PCDF) shall be calculated according to the following toxic equivalency factors (TEFs): PCDD TEF 2,3,7,8-TeCDD 1 1,2,3,7,8-PeCDD 1 1,2,3,4,7,8-HxCDD 0,1 1,2,3,6,7,8-HxCDD 0,1 1,2,3,7,8,9-HxCDD 0,1 1,2,3,4,6,7,8-HpCDD 0,01 OCDD 0,0003 PCDF TEF 2,3,7,8-TeCDF 0,1 1,2,3,7,8-PeCDF 0,03 2,3,4,7,8-PeCDF 0,3 1,2,3,4,7,8-HxCDF 0,1 1,2,3,6,7,8-HxCDF 0,1 1,2,3,7,8,9-HxCDF 0,1 2,3,4,6,7,8-HxCDF 0,1 1,2,3,4,6,7,8-HpCDF 0,01 1,2,3,4,7,8,9-HpCDF 0,01 OCDF 0,0003

(1) The storage takes place in one of the following locations:

safe, deep, under-ground, hard rock formations,

salt mines,

a landfill site for hazardous waste, provided that the waste is solidified or partly stabilised where technically feasible as required for classification of the waste in subchapter 19 03 of Decision 2000/532/EC.

(2) The provisions of Council Directive 1999/31/EC and Council Decision 2003/33/EC were respected.

(3) It has been demonstrated that the selected operation is environmentally preferable.

Versions

1. 2016-03-30

Cited by

• Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (Text with EEA relevance) Regulation · Grade B

  Regulation (EC) No 850/2004 of the European Parliament and of the Council (OJ L 158, 30.4.2004, p. 7) Council Regulation (EC) No 1195/2006 (OJ L 217, 8.8.2006, p. 1) Council Regulation (EC) No 172/2007 (OJ L 55, 23.2.2007, p. 1) Commission Regulation (EC) No 323/2007 (OJ L 85, 27.3.2007, p. 3) Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ L 87, 31.3.2009, p. 109) Only point 3.7 of the Annex Commission Regulation (EC) No 304/2009 (OJ L 96, 15.4.2009, p. 33) Commission Regulation (EU) No 756/2010 (OJ L 223, 25.8.2010, p. 20) Commission Regulation (EU) No 757/2010