- Latest available (Revised)
- Original (As adopted by EU)
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)
After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.
The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.
There are currently no known outstanding effects for the Regulation (EU) 2019/1021 of the European Parliament and of the Council, ANNEX V.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
The following disposal and recovery operations, as provided for in Annexes I and II of Directive 2008/98/EC, are permitted for the purposes of Article 7(2), when applied in such a way as to ensure that the persistent organic pollutant content is destroyed or irreversibly transformed
F1. . . | |
D9 | Physico-chemical treatment. |
D10 | Incineration on land. |
R1 | Use principally as a fuel or other means to generate energy, excluding waste containing PCBs. |
R4 | Recycling/reclamation of metals and metal compounds, under the following conditions: The operations are restricted to residues from iron- and steel-making processes such as dusts or sludges from gas treatment or mill scale or zinc-containing filter dusts from steelworks, dusts from gas cleaning systems of copper smelters and similar wastes and lead-containing leaching residues of the non-ferrous metal production. Waste containing PCBs is excluded. The operations are restricted to processes for the recovery of iron and iron alloys (blast furnace, shaft furnace and hearth furnace) and non-ferrous metals (Waelz rotary kiln process, bath melting processes using vertical or horizontal furnaces), provided the facilities meet [F2, as a minimum, the emission limit value for PCDDs and PCDFs set out immediately below this Table]. |
Textual Amendments
F1Words in Annex 5 Pt. 1 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(2)(b)(i)
F2Words in Annex 5 Pt. 1 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(2)(a)
[F3The emission limit value for PCDDs and PCDFs is the average emission limit value of 0.1ng/Nm3 over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of PCDDs and PCDFs.
To determine the total concentration of PCDDs and PCDFs, the mass concentration of a dibenzo-p-dioxin or dibenzofuran in the first column of the following Table is to be multiplied by the corresponding toxic equivalence factor in the second column before summing:
Substance | Toxic equivalence factor |
---|---|
2,3,7,8 — Tetrachlorodibenzodioxin (TCDD) | 1 |
1,2,3,7,8 — Pentachlorodibenzodioxin (PeCDD) | 0.5 |
1,2,3,4,7,8 — Hexachlorodibenzodioxin (HxCDD) | 0.1 |
1,2,3,6,7,8 — Hexachlorodibenzodioxin (HxCDD) | 0.1 |
1,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD) | 0.1 |
1,2,3,4,6,7,8 — Heptachlorodibenzodioxin (HpCDD) | 0.01 |
Octachlorodibenzodioxin (OCDD) | 0.001 |
2,3,7,8 — Tetrachlorodibenzofuran (TCDF) | 0.1 |
2,3,4,7,8 — Pentachlorodibenzofuran (PeCDF) | 0.5 |
1,2,3,7,8 — Pentachlorodibenzofuran (PeCDF) | 0.05 |
1,2,3,4,7,8 — Hexachlorodibenzofuran (HxCDF) | 0.1 |
1,2,3,6,7,8 — Hexachlorodibenzofuran (HxCDF) | 0.1 |
1,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF) | 0.1 |
2,3,4,6,7,8 — Hexachlorodibenzofuran (HxCDF) | 0.1 |
1,2,3,4,6,7,8 — Heptachlorodibenzofuran (HpCDF) | 0.01 |
1,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF) | 0.01 |
Octachlorodibenzofuran (OCDF) | 0.001] |
Textual Amendments
F3Words in Annex 5 Pt. 1 inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(2)(b)(ii)
Pre-treatment operation prior to destruction or irreversible transformation pursuant to this Part of this Annex may be performed, provided that a substance listed in Annex IV that is isolated from the waste during the pre-treatment is subsequently disposed of in accordance with this Part of this Annex. Where only part of a product or waste, such as waste equipment, contains or is contaminated with persistent organic pollutants, it shall be separated and then disposed of in accordance with the requirements of this Regulation. In addition, repackaging and temporary storage operations may be performed prior to such pre-treatment or prior to destruction or irreversible transformation pursuant to this part of this Annex.
The following operations are permitted for the purposes of Article 7(4)(b) in respect of the wastes specified, defined by the six-digit code as classified in Commission Decision 2000/532/EC(1).
Pre-treatment operations prior to permanent storage pursuant to this part of this Annex may be performed, provided that a substance listed in Annex IV that is isolated from the waste during the pre-treatment is subsequently disposed of in accordance with Part 1 of this Annex. In addition, repackaging and temporary storage operations may be performed prior to such pre-treatment or prior to permanent storage pursuant to this part of this Annex.
a These limits apply exclusively to a landfill site for hazardous waste and do not apply to permanent underground storage facilities for hazardous waste, including salt mines. | |||
F4. . . | |||
b ‘Hexabromocyclododecane’ means hexabromocyclododecane, 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers: alpha- hexabromocyclododecane, beta- hexabromocyclododecane and gamma- hexabromocyclododecane. | |||
F5. . . | |||
F6. . . | |||
c The calculation method laid down in [F7British standards BS EN 12766-1:2000, BS 2000-462:2001, BS EN 12766-2:2001 and BS 2000-462.2:2001] shall apply. | |||
Wastes as classified in Decision 2000/532/EC | Maximum concentration limits of substances listed in Annex IVa | Operation | |
---|---|---|---|
10 | WASTES FROM THERMAL PROCESSES | Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs): 10 000 mg/kg;
| Permanent storage shall be allowed only when all the following conditions are met: (1) The storage takes place in one of the following locations:
(2) [F8The provisions of the Landfill Regulations were respected. (2A) In point (2), the “Landfill Regulations” means— (a) in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016; (b) in relation to Scotland, the Landfill (Scotland) Regulations 2003.] (3) It has been demonstrated that the selected operation is environmentally preferable. |
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 |
Textual Amendments
F4Words in Annex 5 Pt. 2 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(3)(b)(i)
F5Words in Annex 5 Pt. 2 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(3)(b)(i)
F6Words in Annex 5 Pt. 2 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(3)(b)(i)
F7Words in Annex 5 Pt. 2 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(3)(b)(ii)
F8Words in Annex 5 Pt. 2 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 28(3)(a)
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 |
Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: