Regulation (EC) No 850/2004 on persistent organic pollutants

Made: 29-04-2004 | Laid: 29-04-2004 | Forced: 29-04-2004 | Revoked: 20-06-2019

Overview


This Regulation was amended by Regulation (EU) 2019/1021 on Persistent Organic Pollutants

The objective of this Regulation is to protect human health and the environment from persistent organic pollutants (POPs), by prohibiting, phasing out as soon as possible, or restricting the production, placing on the market and use of substances subject to the Stockholm Convention on Persistent Organic Pollutants. Further objectives are minimising, with a view of eliminating where feasible as soon as possible, releases of such substances, and by establishing provisions regarding waste consisting of, containing or contaminated by any of these substances. 

Background

The production and use of hexachlorocyclohexane (HCH), including lindane, is subject to restrictions under the Protocol but was not totally prohibited. That substance was and still is used in some Member States and therefore it was not possible to prohibit immediately all existing uses. However, in view of the harmful properties of HCH and the possible risks related to its release into the environment, its production and uses should have been confined to a minimum and ultimately phased out by the end of 2007 at the latest.

Furthermore, obsolete or carelessly managed stockpiles of persistent organic pollutants may seriously endanger the environment and human health through, for instance, contamination of soil and ground water. This is why it was appropriate to adopt provisions that went beyond the provisions laid down in the Convention - this Regulation (EC) No 850/2004. Stockpiles of prohibited substances should be treated as waste, while stockpiles of substances the production or use of which is still allowed should be notified to the authorities and properly supervised.

In particular, existing stockpiles which consist of or contain banned persistent organic pollutants should be managed as waste as soon as possible. If other substances are banned in the future, their stocks should also be destroyed without delay and no new stockpiles should be built up. In view of the particular problems of certain new Member States, adequate financial and technical assistance should be provided through existing Community financial instruments, such as the Cohesion and Structural Funds.

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