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AP 4: ECHA - preparation of work under recast POPs Regulation AP 5: ECHA – Monitoring and reporting under recast POPs Regulation 19th Meeting of the Competent Authorities for Regulation (EC) N° 850/2004 on Persistent Organic Pollutants Johanna Peltola-Thies Ignacio Rodrigues Gonzales Maciej Baranski 27 November 2018
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AP 4: ECHA - preparation of work under recast POPs Regulation
Documents POP-CA_11-18_04-ECHA doc 1 – Preparation of work under recast POPs Regulation POP-CA_11-18_04-ECHA_doc 2 - Annex_Project_Initiation_document POP-CA_11-18_04-ECHA_doc 3 - Annex_rolling_list_for_input Background documents: POP-CA_11-18_04-ECHA_doc 4 - Supplementary_information_to_PID
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Outline Preparation project:
Overview of future tasks, priorities and the project Rolling list of topics for input New POPs identification Questions
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Overview of ECHAs tasks on POPs based on draft Recast
Support to the Commission Work in relation to including new substances in the Stockholm Convention Act as interface for reporting duties To develop formats and software for the submission of data by Member States (Reporting system). To publish a “Union Overview” report based on the data submitted by MSCA Intermediary for environmental monitoring data towards IPCHEM, if needed Other support to the Commission Support the update of the Union Implementation Plan 4. Enforcement The Forum to assume a coordinative role in supporting the enforcement of the POPs-Regulation by the Member States. 5. Communication and information exchange Development and maintenance of a section for POPs in ECHA’s website
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Starting points for our planning
ECHA’s task definitions in draft Recast – still a slightly moving target Ambition level and timing of ECHA’s preparations vs draft budget How are the tasks in Recast translated into practical implementation
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Resources from the Commission (as in the Recast proposal, April 2019)
Year 2018 (teur) 2019 (teur) 2020 (teur) Staff expenditure 1 CA Infrastructure and operating expenditure Operational expenditure 269 163 Total 369 263
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Highest priority: Medium priority: Low priority:
Proposed priorities for developing and launching specific tasks Highest priority: New POPs identification – work Medium priority: Support to reporting, Implementation Plan, website Low priority: IPCHEM –related issues Information exchange, etc.
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ECHA’s set up –project on POPs
ECHA’s tasks as provided in the Recast Objectives of the project: Ensure a coordinated implementation of ECHA’s activities Define work flows, tasks and develop necessary IT tools Outline and define the necessary organisational structure, roles and scientific, communication, administrative and IT support resources to run the POPs activity Launch the POPs activity in ECHA
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Work packages for the project
WP 1: Identification of new POPs WP 2: Defining and developing formats and tools for retrieving of information on implementation WP 3: Environmental monitoring data WP 4: Reporting obligations and support to the Commission WP 5: Communication and information exchange WP 6: Enforcement
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Preliminary overall timelines
V2 (WP2 modified)
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Milestones - preliminary
Specify the process steps for proposing new POPs and prepare necessary IT-tools. 2019 Website on POPs (potential further development depending on needs/resources 2020 onwards) 2020 MSCA reports to ECHA about the activities using ca. the current reporting format (via CIRCABC) End of 2019/ 2020 Review whether an IT solution for the submission of MSCA reports and generation of an Union report would be feasible 2020 or 2021 First dossier(s) on new POPs prepared/processed 2021 ECHA generates the first Union Overview (likely in word/pdf format) Annual reports adressing the production and placing on the market of POPs during 2019 to be sent by 2020
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Outline Preparation project:
Overview of future tasks, priorities and the project Rolling list of topics for input New POPs identification Questions
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Your input and feedback is needed for a successful set up of POPs activities!
See rolling list v1 for points and timing of input: POP-CA_11-18_04- Annex rolling list for input
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Outline Preparation project:
Overview of future tasks, priorities and the project Rolling list of topics for input New POPs identification Questions
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Initial observations Draft Recast leaves room for interpretation on the actual steps and timelines to prepare proposals, risk profiles and risk management evaluations We need to define and agree on process steps (2019) (including what to publish on website and when) Explore integration possibilities with SVHC and restriction processes? Cf. the current agreement between COM and ECHA is to prepare a restriction under REACH for proposed POPs - works as information collection and evaluation mechanism for the EU
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tbd: depending on the level of ambition and available resources
Identification of new POPs (WP1) Deliverables Timeline Analysis of the IT solution to support the identification of new POPs (ECHA internal step) 2018- T1\2019 Process descriptions and work instructions for drafting (1) a proposal for identification of a new substance according to Annex D of Stockholm Convention, (2) annex E risk profile and (3) annex F risk management evaluation 2019 Case management development (ECHA internal step) Agreement on the level of informing the public on on-going work with the Commission and the MSCAs. Adaptation of the related IT tools (ACT, PACT), if needed. Development of the public consultation procedure for POPs-related processes (ECHA internal step) Mass screening/search pilot and work instruction for regular mass screenings tbd: depending on the level of ambition and available resources
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MSCAs or POP Review Committee COP Decision Screening for POPs (tbd):
Commission proposals for council decisions on the submission, on behalf of the European Union, of a proposal for the listing of additional chemicals in Annex A, B and/or C to the Stockholm Convention Council decision on the submission, on behalf of the European Union, of a proposal for the listing of additional chemicals in Annex A to the Stockholm Convention on Persistent Organic Pollutants Screening for POPs (tbd): Industrial chemicals, PPPs and BPs MSCAs or POP Review Committee Proposal documents Annex D Public consultation process (scope and timelines tbd) POPRC Decision Risk profile documents Annex E POPRC Decision Information related to Socioeconomic considerations Annex F POPRC Decision/ recommendation COP Decision Amendment of the POP-Regulation Amendment of the Convention
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Not always a straightforward process (e.g. SCCP)
POP Review Committee Example question where your input needed: to what level of detail should the EU preparation process be disseminated by ECHA ? Annex D screening Decision POPRC-2/8 2006 Annex E Risk profile Decision POPRC-3/8 2007 POPRC 4, 5, 6, 7 ,8 Annex E Risk profile Decision POPRC-11/3 2015 Updated draft risk profile: short-chained chlorinated paraffins UNEP/POPS/POPRC.4/10 Revised draft risk profile: short-chained chlorinated paraffins UNEP/POPS/POPRC.5/2 UNEP/POPS/POPRC.6/11 Summary of intersessional work on short-chained chlorinated paraffins UNEP/POPS/POPRC.7/14 Short-chained chlorinated paraffins UNEP/POPS/POPRC.8/6 … Annex F: Risk management evaluation Decision POPRC-12/3 2016 COP Decision SC-8/11 listing SCCP in annex A 2017
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Outline Preparation project:
Overview of future tasks, priorities and the project Rolling list of topics for input New POPs identification Questions
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Questions – for discussion and written consultation
Your view on the proposed priorities? We would appreciate comments to any part of the provided documents Are we missing something obvious? New POPs –process: which steps in the whole process do you see most challenging? Is the rolling list of topics for input sufficient high level “program” for starting the collaboration ? (to be adapted and specified on rolling basis)
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AP 5: ECHA – Monitoring and reporting under recast POPs Regulation
Documents POP-CA_27-18_05-ECHA-doc 5 - Monitoring and reporting under recast POPs Regulation POP-CA_11-18_04-ECHA_doc 2 - Annex_Project_Initiation_document POP-CA_11-18_04-ECHA_doc 3 - Annex_rolling_list_for_input Background documents: POP-CA_11-18_04-ECHA_doc 4 - Supplementary_information_to_PID POP-CA_11-18_05-ECHA_doc 6 - Annex_Synthesis Reports Recommendations
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Highest priority: Medium priority: Low priority:
Proposed priorities for developing and launching specific tasks Highest priority: New POPs identification – work Medium priority: Support to reporting, Implementation Plan, website Low priority: IPCHEM –related issues Information exchange, etc.
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Current reporting sections
Towards a structured (IT-based) reporting system Objectives: Simplify and automatize the reporting process Enhance the update frequency (where relevant) Improve the comparability of the data across MS Improve the quality and relevance of the data Support the reporting obligations of ECHA and the Commission Stablishing a new reporting format Any changes on the main elements that should be covered by the reports? (e.g. including a new section on contaminated sites and remediation efforts) See Amendment 18 to article 11, paragraph 2a (new) 2a. The Commission shall organise an exchange of information with the Member States regarding the measures taken at national level to identify and assess sites contaminated by POPs and to address the significant risks such contamination may pose to human health and the environment. And amendment 7 to recital 18 In accordance with the Convention and the Protocol, information on POPs should be provided to other Parties to those Agreements. The exchange of information with third countries not party to those Agreements should also be promoted. Similarly, the Convention requires that each Party is to undertake to develop appropriate strategies to identify sites contaminated by POPs, and the Union’s Seventh Environment Action Programme, up to 2020, commits the Union and its Member States to stepping up their efforts to remediate contaminated sites. Ref: Amendments adopted by the European Parliament on 15 November 2018 Current reporting sections Production, placing on the market, import and export Information exchange Implementation plans Stockpiles Financial and technical assistance Monitoring Release data and national measures for minimising releases Enforcement
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Defining and developing formats and tools for retrieving of information on implementation (WP2)
Deliverables Timeline POPs reporting system vision and analysis of the IT solution (ECHA internal) 2018 – T1\2019 Preliminary agreement with COM, MSCA and Forum on the main elements to be covered by the reports 2019 Proposal of the reporting formats and submission system (e.g. CIRCABC) to be shared with MSCA for feedback Final proposal prepared to establish an implementing act Review of the possibility to develop an IT –solution for the reporting formats (ECHA internal) If development feasible, following deliverables expected: End of 2019/2020 Mock-up of the IT system for reporting to be shared with MSCA and Forum for feedback tbd Reporting system delivered for testing; necessary changes after testing Reporting system available to MSCAs on ECHA’s website. Relevant work procedures in place
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Expected reporting needs on new POPs?
Current amount of information on production, placing on the market and stockpiles of POPs is rather low. 5 MSCAs notified the presence of stockpiles (PCBs/PFOS) ( ) 10 MSCAs notified the production, placing on the market and/or export of POPs ( ) The development of an IT-solution for reporting should be proportionate to the volume of data
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Stockpiles example Need for an agreement on the main elements to be reported by all MS under the different reporting sections Further defining what constitutes a stockpile under the POPs Regulation Stockpile means any article, substance, or mixture or article accumulated by the holder that consists of or contains any substance listed in Annex I or Annex II (Art 2) b) What data that should be reported per stockpile? Stockpile description Notification year Holder of the stockpile (legal entity) Location Substance present in the stockpile (CAS, EC) Total volume of the stockpile (kg) for each year Volume of the substance in the stockpile (kg) for each year Justification that the intended use is covered by an specific exemption Measures in place to manage the stockpile c) What data that should be considered as confidential business information
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Implementation of the Stockholm Convention
Potential for integration with reporting requirements under other legislations? Avoiding duplication of effort Emissions MS already reporting emissions of POPs to air to the European Monitoring and Evaluation Programme (EMEP) following the obligations under the LRTAP Convention EU overview compiled by the European Environmental Agency Data on releases from industrial facilities available under the European Pollutant Release and Transfer Register (E-PRTR). Stockpiles Inventories of equipment with PCB compiled by the MS under the PCB directive Export Information on import and export of POPs submitted under the PIC regulation. Implementation of the Stockholm Convention Information on the implementation of the Convention (as per art. 15) submitted to the secretariat through the Electronic Reporting System
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Other notifications to be submitted to ECHA and Commission
Exemptions for substances in articles Level of ambition on data collection and reporting for notifications pursuant to Art. 4(2) Notification of articles produced containing a POP substance during the 6 months period exemption after the substance is added to annex I or II Notification of articles already in use containing a POP substance before it is listed in the annex I or II Waste management derogations Is there a need to redefine the current format (2009/63/EC) for submission of notifications pursuant to Article 7(4)(b)(iii)? There are no notifications visible in CIRCABC in relation to article 4(2), there is an empty folder. Is there any other channel in place for the exchange of this information between MSCA and COM? There are 4 notifications on waste management derogations pursuant to article 7(4)(b)(iii) in CIRCABC (2 by DE, one by FI and another by FR)
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Questions to trigger discussion and to focus the further work of the new reporting format
Please, see documents POP-CA_27-18_05-ECHA-doc 5 - Monitoring and reporting under recast POPs Regulation Template comments POPs
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Thank you! ECHA_POP@echa.europa.eu
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Back-up slides: deliverables and timelines of the work packages
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