1. Report on the application of the POP Regulation
Peter Korytár
European Commission – DG Environment
Brussels, 4 November 2009

2. Legal basis (Article 12(6))
The Commission shall every three years compile a report on the application of this Regulation and shall integrate it with:
information available in EPER (E-PRTR),
Information available in CORINAIR Emission Inventory of EMEP,
Information provided by the Member States under paragraphs 1, 2 and 3 to form a synthesis report.
information on the use of derogations as referred to in Article 7(4).
Summary of the synthesis report shall be forwarded to the European Parliament and to the Council and make it available to the public without delay.

3. Information from Member States
Article 12 reporting deadline: 20/5/2007
Reporting format adopted: Commission Decision 2007/639/EC of 2 October 2007
Deadline extended: 31/3/2009 (accepted till May 2009)
4 Member States did not report:
Estonia, Greece, Malta, Portugal 3

4. Format of the Commission report
2 parts:
Synthesis report
Prepared and updated by the consultant (comments of CZ, D, PL, SK taken into account)
Ca. 150 pages
It will be published as a Commission Staff Working Paper – in English only
Summary of the synthesis report
Commission Communication in all EU languages
Up to 15 pages 4

5. Outline of the Communication (1/2)
Will follow the structure of the Regulation and CIP:
Introduction
Control of production, placing on the market and use (Articles 3 & 4)
Stockpiles (Article 5)
Release reduction of unintentionally produced POPs (Article 6)
Waste management (Article 7)
Implementation plans (Article 8) 5

6. Outline of the Communication (2/2)
Will follow the structure of the Regulation and CIP:
Monitoring (Article 9)
Information exchange (Article 10)
Technical assistance (Article 11)
Reporting (Article 12)
Penalties (Article 13)
Addition of new substances to the Convention and the Protocol
Conclusions 6

7. Control of production, placing on the market and use
No production of intentionally produced POPs since 2007 (before Romania – 90,000 kg in 2005 and 12,000 kg in 2006)
No use of DDT derogation for production as intermediate – proposal to delete this exemption
No use of lindane in pharmaceutical products since 2008
some cases of violation in 2008 reported by DK and IE
before 2008 placed on the market by A, IE and D
Romania exported Lindane to Spain – 7,800 kg in 2005 and 12,000 kg in 2006 7

8. Control of production, placing on the market and use
Some use of general derogation for laboratory scale research (typically several grams up to kilograms)
No information on derogation for a substance occurring as an unintentional trace contaminant in substances, preparations and article
No information on derogation for a substance occurring as a constituent of articles produced or in use before the date of entry into force of the regulation, although MSs have obligation to report immediately upon becoming aware of such articles 8

9. Control of production, placing on the market and use
Currently no production of POPs except for use as laboratory standards
Measures taken at the EU level to control and prevent production and use of substances exhibiting POP criteria:
PBT criteria under REACH
PBT criteria under new PPP Regulation
PBT criteria in the Commission’s proposal for biocide regulation 9

10. Control of production, placing on the market and use
CIP Actions 1-9:
Fulfilled: 3, 5, 6, 8; On-going: 1, 2, 7, 9; Unfulfilled: 4
Propose some new actions if appropriate, e.g.
Old action 4: Commission to investigate the possibility to initiate international work on development of individual tariff codes for POP substances
Development of reporting mechanism to facilitate reporting on articles containing POPs which were produced before entry into force
Amendment of reporting format as regards this point 10

11. Control of production, placing on the market and use
Some issues to be considered:
Some POPs were pre-registered (e.g. toxaphene, lindane and hexachlorobenzene)
Investigation to be done
Difficulties to trace import/export due to unspecific custom categories
Shall information on import/export be included in this part
Some MSs reported some exports
Deletion of exemption for production of DDT 11

12. Stockpiles Overview of the stockpiles per MS
ES – 5,000 tons of Lindane – stored under controlled conditions after closure of industry
BG, HU, LT – existence of stockpiles of obsolete pesticides whose POP content unknown
BE, BG, CZ, ES, IE, IT, LT, LV, LU, SL – stocks of articles containing PCBs
In total more than 91,000 tons of equipment 12

13. Stockpiles
Summary of national inventories of equipment containing PCBs reported under PCB Directive 96/59/EC
Progress on implementation of Action 19 13

14. Stockpiles Issues to be considered
Use is not permitted – treat as waste (Article 7) – no notification obligation
Use is permitted – notification if stock exceed 50 kg – period: DDT, Lindane, PCBs
Are these provisions satisfactory? Possibility of no info on stocks of substances with not permitted use.
Shall PCBs and summary of national inventories from PCB directive be included? 14

15. Release reduction of unintentionally produced POPs
Overview of emission inventories drawn by MS
General trends in emissions per EU will be described
Common features among the actions plans will be discussed
Progress on implementation of dioxin strategy will be discussed
Progress on implementation of CIP actions 10-18 15

16. Release reduction of unintentionally produced POPs
Emission inventories
Convention: air, water, land, product, residue (Dioxin Toolkit)
Protocol: air (EMEP guidance)
E-PRTR: air, water, land
Issue to be considered:
Is it desirable to look for synergies and aim for the meaningful estimates under these three provisions? 16

17. Release reduction of unintentionally produced POPs
Action plans
Actions were specified including deadlines
Issue to be considered:
Is it desirable to look at the fulfillment of the actions specified in the national action plans? 17

18. Monitoring
Monitoring programmes or at least one off surveys established in majority of Member States (dioxins + PCBs)
Data exists but difficulties to use them:
Different format of storage (databases, Excel sheets, reports)
Access to the data and export functions limited
Comparability of the data – very low
Lack of meta data
Different methods used (for sampling) 18

19. Monitoring Information value of reported information – very low:
In the best case a database of monitoring programmes per EU could be established – if all MSs would report their programmes
Time trends per individual MS could be established – if access to the data
No other added value 19

20. Monitoring Issues to be considered:
Simplification of the reporting on monitoring
Explore possibilities to increase added value of existing programmes and data along the existing mechanisms 20

21. Reporting Adoption of the reporting format
Overview of fulfillment of reporting obligations
Discussion on quality and usefulness of the reporting data
Issue to be considered:
Proposal for amendment of the reporting format
E.g section IV – Implementation plans – include updates 21

22. Discussion
Are the provisions of the POP regulation delivering what is expected?
Is anything missing in the proposed outline?
What are your views on the identified areas requiring improvements?
Did you identify any other problems or areas requiring improvements? 22

23. http://ec.europa.eu/environment/ European Commission