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

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.

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

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

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

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

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

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

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

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

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

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

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

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 – 2004-2006 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

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

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

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

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

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

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

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

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

http://ec.europa.eu/environment/ European Commission Peter.Korytar@ec.europa.eu http://ec.europa.eu/environment/