Document g0Jm43nnKLpD8zBaqy2MQY13

European Parliament 2019-2024 Committee on the Environment, Public Health and Food Safety 21.3.2022 2021/0340(COD) COMPROMISE AMENDMENTS 1 - 4 Draft report Martin Hojsk (PE703.218v02-00) Amending Annexes IV and V to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants Proposal for a regulation (COM(2021)0656 - C9-0396/2021 - 2021/0340(COD)) AM\1251474EN.docx EN United in diversity PE729.862v01-00 EN AM_Com_LegCompr PE729.862v01-00 EN 2/14 AM\1251474EN.docx Amendment 1 EPP, S&D, Renew, Greens/EFA, The Left Compromise amendment replacing Amendments 10, 26, 27, 28 Proposal for a regulation Article 1 a (new) Text proposed by the Commission Amendment Article 1 a "The Commission shall assess whether it would be appropriate to amend the Directive 2008/98/EC on waste or Commission Decision 2014/955/EU1a, or both, to recognize that waste containing any persistent organic pollutants exceeding the concentration limits indicated in Annex IV to Regulation (EU) 2019/1021 is to be classified as hazardous, and if appropriate, based on the assessment and not later than 18 months after entry into force of this legislation, put forward a legislative proposal to amend the Directive or amend the Decision, or both, accordingly. _________________ 1a Commission Decision of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC </Original> 3 Amendment 2 Annex IV: EXISTING and NEW substances EPP, S&D, Renew, Greens/EFA, The Left Compromise amendment replacing Amendments 5-9, 30-50 Proposal for a regulation Annex I - paragraph 1 - point 1 - point a - table Regulation (EU) 2019/1021 Annex IV - table Text proposed by the Commission `Pentachlorophenol, its salts and esters Dicofol Perfluorooctanoic acid (PFOA), its salts and PFOArelated compounds 87-86-5 and others 115-32-2 335-67-1 and others 201-778-6 and others 204-082-0 206-397-9 and others `Pentachlorophenol (PCP), its salts and esters Dicofol Perfluorooctanoic acid (PFOA), its salts and PFOArelated compounds Amendment 87-86-5 and others 201-778-6 and others 115-32-2 335-67-1 and others 204-082-0 206-397-9 and others Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds 355-46-4 and others 355-46-4 and others 100 mg/kg 50 mg/kg 1 mg/kg (PFOA and its salts), 40 mg/kg (PFOA-related compounds)' 100 mg/kg 50 mg/kg 0,1 mg/kg (PFOA and its salts), 20 mg/kg (sum of PFOA-related compounds)' 0,1 mg/kg (PFHxS and its salts), PE729.862v01-00 EN 4/14 AM\1251474EN.docx 20 mg/kg (PFHxS-related compounds)' Proposal for a regulation Annex I - paragraph 1 - point 1 - point b - table Regulation (EU) 2019/1021 Annex IV - table Text proposed by the Commission `Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs) 85535-84-8 287-476-5 Amendment `Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs) 85535-84-8 287-476-5 1 500 mg/kg 420 mg/kg Proposal for a regulation Annex I - paragraph 1 - point 1 - point c - table Regulation (EU) 2019/1021 Annex IV - table Text proposed by the Commission Tetrabromodiphenyl ether C12H6Br4O Pentabromodiphenyl ether C12H5Br5O Hexabromodiphenyl ether C12H4Br6O Heptabromodiphenyl ether C12H3Br7O Bis(pentabromophen yl) ether (decabromodiphenyl ether; decaBDE) C12Br10O 40088-47-9 and others 32534-81-9 and others 36483-60-0 and others 68928-80-3 and others 1163-19-5 and others 254-787-2 and others 251-084-2 and others 253-058-6 and others 273-031-2 and others 214-604-9 and others 5 Sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether: Tetrabromodiphenyl ether C12H6Br4O Pentabromodiphenyl ether C12H5Br5O Hexabromodiphenyl ether C12H4Br6O Heptabromodiphenyl ether C12H3Br7O Bis(pentabromophen yl) ether (decabromodiphenyl ether; decaBDE) 40088-47-9 and others 32534-81-9 and others 36483-60-0 and others 68928-80-3 and others 1163-19-5 and others PE729.862v01-00 EN Amendment 254-787-2 and others 251-084-2 and others 253-058-6 and others 273-031-2 and others 214-604-9 and others 6/14 (a) until [OP, please introduce the date of the day before the date in the following point], 500 mg/kg (b) from [OP, please introduce the date of 5 years after the date of entry into force of this Regulation], 200 mg/kg or, if higher, the sum of the concentration of those substances where they are present in mixtures or articles, as set out in Annex I, fourth column, point 2 for the substances tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether.' Sum of the concentrations of tetrabromodiphenyl ether C12H6Br4O, pentabromodiphenyl ether C12H5Br5O, hexabromodiphenyl ether C12H4Br6O, heptabromodiphenyl ether C12H3Br7O and decabromodiphenyl ether C12Br10O: AM\1251474EN.docx C12Br10O (a) until [OP, please introduce the date of the day before the date in the following point], 200 mg/kg The Commission shall review that concentration limit and shall, where appropriate and in accordance with the Treaties, adopt a legislative proposal to lower that value no later than [OP, please introduce the date of 5 years after the date of entry into force of this Regulation]. (b) deleted Proposal for a regulation Annex I - paragraph 1 - point 1 - point d - table Regulation (EU) 2019/1021 Annex IV - table Text proposed by the Commission `Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like polychlorinated biphenyls (dl-PCBs) 5 g/kg (2) ________________ (2) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third subparagraph, in the table, of Annex V.' Amendment `Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) and dioxin-like 1 g/kg (2) 7 polychlorinated biphenyls (dl-PCBs) _______________ (2) The limit is calculated as the sum of PCDD, PCDF and dl-PCBs according to the toxic equivalency factors (TEFs) set out in Part 2, in the third subparagraph, in the table, of Annex V.' Proposal for a regulation Annex I - paragraph 1 - point 1 - point e - table Regulation (EU) 2019/1021 Annex IV - table Text proposed by the Commission `Hexabromocyclodo decane(4) 25637-99-4, 3194-55-6, 134237-50-6, 13423751-7, 134237-52-8 247-148-4 221-695-9 Amendment `Hexabromocyclodo decane(4) 25637-99-4, 3194-55-6, 134237-50-6, 13423751-7, 134237-52-8 247-148-4 221-695-9 500 mg/kg (a) until [OP, please introduce the date of the day before the date in the following point], 200 mg/kg The Commission shall review that concentration limit and shall, where appropriate and in accordance with the Treaties, adopt a legislative proposal to lower that value to 100 mg / kg no later than [OP, please introduce the date of 5 years after the date of entry into force of this Regulation]. Amendment 3 EPP, S&D, Renew, Greens/EFA, The Left Compromise amendment replacing Amendments 51, 52 Proposal for a regulation Annex I - paragraph 1 - point 1 - point a - table Regulation (EU) 2019/1021 PE729.862v01-00 8/14 EN AM\1251474EN.docx Annex V - Part II - Table Text proposed by the Commission Amendment Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds: 50 mg/kg (PFHxS and its salts), 2 000 mg/kg (PFHxS-related compounds). Amendment 4 EPP, S&D, Renew, Greens/EFA, The Left Compromise amendment replacing Amendments 1- 4, 11-18, 20, 23 (Part 1) Proposal for a regulation Regulation (EU) 2019/1021 Recital 2 Text proposed by the Commission Amendment (2) At the seventh meeting of the Conference of the Parties to the Convention, held from 4 to 15 May 2015, it was agreed to include pentachlorophenol, its salts and esters (`pentachlorophenol') in Annex A to the Convention. At the ninth meeting of the Conference of the Parties to the Convention, held from 29 April to 10 May 2019, it was agreed to include dicofol as well as perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex A to the Convention. In view of those amendments to the Convention and to ensure that waste containing those substances is managed in accordance with the provisions of the Convention, it is necessary to also amend Annexes IV and V to Regulation (EU) 2019/1021 by including pentachlorophenol, dicofol and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in the Annexes and indicating their corresponding concentration limits. (2) At the seventh meeting of the Conference of the Parties to the Convention, held from 4 to 15 May 2015, it was agreed to include pentachlorophenol, its salts and esters (`pentachlorophenol') in Annex A to the Convention. At the ninth meeting of the Conference of the Parties to the Convention, held from 29 April to 10 May 2019, it was agreed to include dicofol as well as perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex A to the Convention. In view of those amendments to the Convention and to ensure that waste containing those substances is managed in accordance with the provisions of the Convention, it is necessary to also amend Annexes IV and V to Regulation (EU) 2019/1021 by including pentachlorophenol, dicofol and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in the Annexes and also indicating their corresponding concentration limits. Proposal for a regulation Regulation (EU) 2019/1021 Recital 3 Or. en 9 Text proposed by the Commission (3) Pentachlorophenol had been previously listed in Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council23 by Commission Regulation (EU) 2019/63624 , with an Annex IV value of 100 mg/kg and an Annex V value of 1 000 mg/ kg. Regulation (EC) No 850/2004 was repealed by Regulation (EU) 2019/1021, but pentachlorophenol was unintentionally omitted from that Regulation. It is therefore necessary to amend Annexes IV and V to Regulation (EU) 2019/1021 to include pentachlorophenol. _________________ 23 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 (OJ L 158, 30.4.2004, p. 7). 24 Commission Regulation (EU) 2019/636 of 23 April 2019 amending Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ L 109, 24.4.2019, p. 6). Amendment (3) Pentachlorophenol had been previously listed in Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council23 by Commission Regulation (EU) 2019/63624 , with an Annex IV value of 100 mg/kg and an Annex V value of 1 000 mg/ kg. Regulation (EC) No 850/2004 was repealed by Regulation (EU) 2019/1021, but pentachlorophenol was unintentionally omitted from that Regulation. It is therefore necessary to amend Annexes IV and V to Regulation (EU) 2019/1021 to now include pentachlorophenol. _________________ 23 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 (OJ L 158, 30.4.2004, p. 7). 24 Commission Regulation (EU) 2019/636 of 23 April 2019 amending Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ L 109, 24.4.2019, p. 6). Or. en Proposal for a regulation Regulation (EU) 2019/1021 Recital 4 Text proposed by the Commission (4) Annexes IV and V to Regulation (EU) 2019/1021 already contain concentration limits for the following PE729.862v01-00 EN Amendment (4) Annexes IV and V to Regulation (EU) 2019/1021 already contain concentration limits for the following 10/14 AM\1251474EN.docx substances or substance groups: a) the sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether (with the exception of the latter, which is not listed in Annex V to that Regulation); b) Hexabromocyclododecane; c) Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs); and d) Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF). Pursuant to Article 15(2) of Regulation (EU) 2019/1021, it is appropriate to amend the concentration limits in Annex IV for those substances to adapt their limit values to scientific and technical progress. To be consistent with the list of polybrominated diphenyl ethers (PBDEs) listed in Annex IV to Regulation (EU) 2019/1021, the substance decabromodiphenyl ether should be included among the PBDEs listed in the third column of Annex V to that Regulation. substances or substance groups: a) the sum of the concentrations of tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether, heptabromodiphenyl ether and decabromodiphenyl ether (with the exception of the latter, which is not listed in Annex V to that Regulation); b) Hexabromocyclododecane; c) Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs); and d) Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF). Pursuant to Article 15(2) of Regulation (EU) 2019/1021, it is appropriate to amend the concentration limits in Annex IV for those substances to adapt their limit values according to scientific and technical progress. To be consistent with the list of polybrominated diphenyl ethers (PBDEs) listed in Annex IV to Regulation (EU) 2019/1021, the substance decabromodiphenyl ether should be included among the PBDEs listed in the third column of Annex V to that Regulation. _________________ 23 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 (OJ L 158, 30.4.2004, p. 7). 24 Commission Regulation (EU) 2019/636 of 23 April 2019 amending Annexes IV and V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ L 109, 24.4.2019, p. 6). Or. en Proposal for a regulation Regulation (EU) 2019/1021 Recital 5a Text proposed by the Commission Amendment (5 a) Perfluorohexane sulfonic acid 11 (PFHxS), its salts and PFHxS-related compounds have been proposed by the Persistent Organic Pollutants Review Committee (POPRC) for listing under Annex A of the Stockholm Convention without specific exemptions5a after completing the risk profile and risk management evaluation for those substances. A decision to include PFHxS, its salts and PFHxS-related compounds is envisaged to take place in Stockholm Convention COP-10, which was initially scheduled in July 2021, and is now scheduled to take place in June 2022 as a result of the negative evolution in many European countries of the COVID-19 pandemic. With respect to the objectives of the Convention, it is therefore appropriate, based on the current impact assessment 5b and to ensure that waste containing those substances is managed in accordance with the provisions of the Convention, to already amend Annexes IV and V to Regulation (EU) 2019/1021 by including perfluorohexane sulfonic acid (PFHxS), its salts and PFHxSrelated compounds in the Annexes and indicating their corresponding concentration limits. The Commission should reflect the changes to Annex IV and V in other Annexes of the Regulation (EU) 2019/1021 to ensure consistency. Proposal for a regulation Regulation (EU) 2019/1021 Recital 6 Text proposed by the Commission (6) The proposed concentration limits Amendment (6) The proposed concentration limits PE729.862v01-00 EN 12/14 AM\1251474EN.docx in Annexes IV and V to Regulation (EU) 2019/1021 have been set applying the same methodology that was used to establish the concentration limits in previous amendments of Annexes IV and V to Regulation (EC) No 850/2004. The proposed concentration limits should achieve the objective of a high level of protection of human health and the environment associated to the destruction or irreversible transformation of the substances concerned. Those limits should also take into consideration the broader policy objective of achieving a climateneutral and circular economy, enshrined in the European Green Deal26 . in Annexes IV and V to Regulation (EU) 2019/1021 have been set applying the same methodology that was used to establish the concentration limits in previous amendments of Annexes IV and V to Regulation (EC) No 850/2004. The proposed concentration limits should be underpinned by the precautionary principle as set forth in the Treaty on the Functioning of the European Union (TFEU) and aim to eliminate, where feasible, the release of POPs into the environment, in order to achieve the objective of a high level of protection of human health and the environment associated to the destruction or irreversible transformation of the substances concerned. Those limits should also take into consideration the broader policy objective of achieving the zero-pollution ambition for a toxic-free environment, increasing recycling, reducing Green House Gas (GHG), developing non-toxic material cycles where banned substances should not be reintroduced on the EU market through recycling activities, and a circular economy, enshrined in the European Green Deal26 . Proposal for a regulation Regulation (EU) 2019/1021 Recital 6a (new) Text proposed by the Commission Amendment (6a) The concentration limits in Annexes IV and V to Regulation (EU) 2019/1021 should be coherent and contribute to the implementation of the communication of the Commission of 14 October 2020 entitled `Chemicals Strategy for Sustainability - Towards a Toxic-Free Environment' that proposes a comprehensive set of actions to address 13 the use of and contamination with PFAS. Proposal for a regulation Regulation (EU) 2019/1021 Recital 6b (new) Text proposed by the Commission Amendment (6 b) To prevent mixing of contaminated waste with other waste or materials, ensure better traceability and effective treatment of waste containing persistent organic pollutants, there is a need to avoid inconsistency between the waste containing persistent organic pollutants incorporated in Regulation (EC) No 850/2004, now repealed by Regulation (EU) 2019/1021, and those incorporated thereafter. The Commission should therefore assess whether it would be appropriate to recognize waste exceeding any of the concentration limits indicated in Annex IV to Regulation (EU) 2019/1021 as hazardous and, if appropriate, amend the Directive 2009/98/ EC on waste or Decision 2014/955/EU on the list of waste, or both, accordingly; PE729.862v01-00 EN 14/14 AM\1251474EN.docx