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20.6.2012 Official
Journal
of
the
European
Union L
159/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 519/2012
of 19 June 2012
amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on
persistent organic pollutants as regards Annex I
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
diene ( 4 ), polychlorinated naphthalenes (hereinafter
‘PCN’), and short-chain chlorinated paraffins ( 5 ) (here
inafter ‘SCCPs’) to the Protocol.
Having regard to the Treaty on the Functioning of the European
Union,
(3) In
view
of
the
Decisions
taken
by
the
CLRTAP,
it
is
necessary to update Annex I, Part B to Regulation (EC)
No 850/2004 in order to include the three new
substances listed in the Protocol.
Having regard to 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 ( 1 ), and
in particular Articles 14(1) and 14(3) thereof,
(4) Placing on the market and use of SCCPs has been
restricted in the Union by virtue of Annex XVII to Regu
lation (EC) No 1907/2006 of the European Parliament
and of the Council ( 6 ) on the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH).
Whereas:
The existing restriction on SCCPs in the Union covers
only two uses and thus its scope is much narrower than
the scope of the restriction on SCCPs established by the
Decision of the CLRTAP Executive Body. This Regulation
(1) Regulation
(EC)
No
850/2004
implements
in
the
law
of
should therefore widen the scope of restriction on SCCPs
the Union the commitments set out in the Stockholm
in the Union by prohibiting their production, placing on
Convention on Persistent Organic Pollutants (hereinafter
the market, and use, except for two exempted uses.
‘the Convention’) approved by Council Decision
2006/507/EC of 14 October 2004 concerning the
conclusion, on behalf of the European Community, of
the Stockholm Convention on Persistent Organic Pollu
(5) The
1
%
threshold
level
established
in
this
Regulation
for
tants (
SCCPs should not be considered as an implementation of

2 ) and in the 1998 Protocol to the 1979
Convention on Long-Range Transboundary Air
the notion of ‘unintentional trace contaminant’ contained
Pollution on Persistent Organic Pollutants (hereinafter
in Article 4(1)(b) of Regulation (EC) No 850/2004.
‘the Protocol’) approved by Council Decision
Further scientific analysis is required before the
2004/259/EC of 19 February 2004 concerning the
Commission can reach a clear view with regard to the
conclusion, on behalf of the European Community, of
level corresponding to ‘unintentional trace contaminant’
the Protocol to the 1979 Convention on Long Range
in relation to SCCPs.
Transboundary Air Pollution on Persistent Organic Pollu
tants ( 3 ) (hereinafter ‘CLRTAP’).
(6) The
derogations
for
SCCPs
should,
where
applicable,
be
subject to the use of the best available techniques. The
Commission should continue to review those derogations
(2) At
its
27th
Session
from
14
to
18
December
2009,
the
and the availability of safer alternative substances or tech
CLRTAP Executive Body decided to add hexachlorobuta
nologies.
( 1 ) OJ L 158, 30.4.2004, p. 7.
( 4 ) Decision 2009/1.
( 2 ) OJ L 209, 31.7.2006, p. 1.
( 5 ) Decision 2009/2.
( 3 ) OJ L 81, 19.3.2004, p. 35.
( 6 ) OJ L 396, 30.12.2006, p. 1.

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L 159/2
EN
Official Journal of the European Union
20.6.2012
(7) At
its
fifth
meeting
from
25
to
29
April
2011,
the
apply to articles containing endosulfan, hexachlorobuta
Conference of the Parties to the Convention agreed by
diene, PCN or SCCPs, already in use before or on the
Decision SC-5/3 ( 1 ) to add endosulfan to the list of POPs
date of entry into force of this Regulation.
to be eliminated worldwide, with some exemptions.
(11) It
is
necessary
to
adapt
to
technical
progress
the
reference
(8) In
view
of
Decision
SC-5/3,
it
is
necessary
to
update
to the CEN standards currently under development in
Annex I, Part A to Regulation (EC) No 850/2004 in
relation to perfluoroctane sulphonic acid and its
order to include endosulfan. However, endosulfan was
derivates (PFOS), to allow other analytical methods with
subject to Commission Decision 2005/864/EC of
the same level of performance to be used.
2 December 2005 concerning the non-inclusion of endo
sulfan in Annex I to Council Directive 91/414/EEC and
the withdrawal of authorisation for plant protection
(12) The
measures
provided
for
in
this
Regulation
are
in
products containing this active substance ( 2 ). Endosulfan
accordance with the opinion of the Committee estab
should therefore be listed in Annex I, Part A to Regu
lished by Council Directive 67/548/EEC ( 3 ),
lation (EC) No 850/2004 without exemptions since all
the exemptions allowed under Decision SC-5/3 relate to
the use of endosulfan as a plant protection product.
HAS ADOPTED THIS REGULATION:

(9)
It is necessary to clarify that the prohibition in Article 3
Article 1
of Regulation (EC) No 850/2004 does not apply to
Annex I to Regulation (EC) No 850/2004 is amended in
articles containing endosulfan, hexachlorobutadiene,
accordance with the Annex to this Regulation.
PCN or SCCPs, produced before or on the date of
entry into force of this Regulation until six months
after the date of its entry into force.
Article 2
This Regulation shall enter into force on the twentieth day
(10) It is also necessary to clarify that the prohibition in
following that of its publication in the Official Journal of the
Article 3 of Regulation (EC) No 850/2004 does not
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 June 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) SC-5/3 Listing technical endosulfan and its related isomers.
( 2 ) OJ L 317, 3.12.2005, p. 25.
( 3 ) OJ 196, 16.8.1967, p. 1.

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EN
20.6.2012 Official
Journal
of
the
European
Union L
159/3
ANNEX
Annex I to Regulation (EC) No 850/2004 is amended as follows:
(1) Part A is amended as follows:
(a) in the entry for perfluoroctane sulphonic acid and its derivates (PFOS) point 6 in the column ‘Specific exemption
on intermediate use or other specification’ is replaced by the following:
‘6. Once standards are adopted by the European Committee for Standardisation (CEN) they shall be used as the
analytical test methods for demonstrating the conformity of substances, preparations and articles to para
graphs 1 and 2. Any other analytical method for which the user can prove equivalent performance could be
used as an alternative to the CEN standards.’;
(b) the following entry is added:
Substance CAS
No EC
No
Specific exemption on intermediate use or other
specification
‘Endosulfan 115-29-7
204-079-4
1. Placing on the market and use of articles produced
before or on 10 July 2012 containing endosulfan as
959-98-8
a constituent of such articles shall be allowed until
10 January 2013.
33213-65-9
2. Placing on the market and use of articles already in
use before or on 10 July 2012 containing endosulfan
as a constituent of such articles shall be allowed.
3. Article 4(2), third and fourth subparagraphs shall
apply to articles referred to in paragraphs 1 and 2.’
(2) in Part B, the following entries are added:
Substance CAS
No EC
No
Specific exemption on intermediate use or other
specification
‘Hexachlorobutadiene 87-68-3 201-765-5
1. Placing on the market and use of articles produced
before or on 10 July 2012 containing hexachlorobu
tadiene as a constituent of such articles shall be
allowed until 10 January 2013.
2. Placing on the market and use of articles already in
use before or on 10 July 2012 containing hexachlo
robutadiene as a constituent of such articles shall be
allowed.
3. Article 4(2), third and fourth subparagraphs shall
apply to articles referred to in paragraphs 1 and 2.
Polychlorinated
1. Placing on the market and use of articles produced
naphthalenes (*)
before or on 10 July 2012 containing polychlorinated
naphthalenes as a constituent of such articles shall be
allowed until 10 January 2013.
2. Placing on the market and use of articles already in
use before or on 10 July 2012 containing polychlor
inated naphthalenes as a constituent of such articles
shall be allowed.
3. Article 4(2), third and fourth subparagraphs shall
apply to articles referred to in paragraphs 1 and 2.
Alkanes C10-C13,
85535-84-8 287-476-5 1.
By
way
of
derogation,
the
production,
placing
on
the
chloro (short-chain
market and use of substances or preparations
chlorinated paraffins)
containing SCCPs in concentrations lower than 1 %
(SCCPs)
by weight shall be allowed.

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L 159/4
EN
Official Journal of the European Union
20.6.2012
Substance CAS
No EC
No
Specific exemption on intermediate use or other
specification
2. By way of derogation, the production, placing on the
market, and use of the following applications shall be
allowed provided that Member States report to the
Commission no later than 2015 and every four
years thereafter on the progress made to eliminate
SCCPs:
(a) fire retardants in rubber used in conveyor belts in
the mining industry;
(b) fire retardants in dam sealants.
3. Placing on the market and use of articles produced
before or on 10 July 2012 containing SCCPs as a
constituent of such articles shall be allowed until
10 January 2013.
4. Placing on the market and use of articles already in
use before or on 10 July 2012 containing SCCPs as a
constituent of articles shall be allowed.
5. Article 4(2), third and fourth subparagraphs shall
apply to articles referred to in paragraphs 1 and 2.
As soon as new information on details of uses and safer
alternative substances or technologies become available,
the Commission shall review the derogations set out in
point 2 so that the uses of SCCPs be phased out.
(*) Polychlorinated naphthalenes means chemical compounds based on the naphthalene ring system, where one or more hydrogen
atoms have been replaced by chlorine atoms.’.

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