EU REGULATION (EC) No 850/2004 on Persistent Organic Pollutants

CAS No

EC No

Specific exemption on intermediate use or other specification

Tetrabromodiphenyl ether

1. For the purposes of this entry, Article 4(1)(b) shall apply to  concentrations of Tetrabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) when it occurs in substances, preparations, articles or as constituents of the flame-retarded parts of articles.
2. By way of derogation, the production, placing on the market and use of the following shall be allowed:
(a) without prejudice to subparagraph (b), articles and preparations containing concentrations below 0,1 % of tetrabromodiphenyl ether by weight when produced partially or fully from recycled materials or materials from waste prepared for re-use;
(b) electrical and electronic equipment within the scope of Directive 2002/95/EC of the European Parliament and Council.
3. Use of articles already in use in the Union before 25 August 2010 containing Tetrabromodiphenyl ether as a constituent of such articles shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

Pentabromodiphenyl ether

1. For the purposes of this entry, Article 4(1)(b) shall apply to  concentrations of pentabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) when it occurs in substances, preparations, articles or as constituents of the flame-retarded parts of articles.
2. By way of derogation, the production, placing on  the market and use of the following shall be allowed:
(a) without prejudice to subparagraph(b), articles and preparations containing concentrations below 0,1 % of pentabromodiphenyl ether by weight when produced partially or fully from recycled materials or materials from waste prepared for re-use;
(b) electrical and electronic equipment within the scope of   Directive 2002/95/EC.
3. Use of articles already in use in the Union before 25 August 2010 containing Pentabromodiphenyl ether as a constituent of such articles shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

Hexabromodiphenyl ether

1. For the purposes of this entry, Article 4(1)(b) shall apply to  concentrations of hexabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) when it occurs in substances, preparations, articles or as constituents of the flame-retarded parts of articles.
2. By way of derogation, the production, placing on  the market and use of the following shall be allowed:
(a) without prejudice to subparagraph (b), articles and preparations containing concentrations below 0,1 % of hexabromobiphenyl ether by weight when produced partially or fully from recycled materials or materials from  waste prepared for re-use;
(b) electrical and electronic equipment within the scope of Directive 2002/95/EC.
3. Use of articles already in use in the Union before 25 August 2010 containing Hexabromodiphenyl ether as a constituent of such articles shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

Heptabromodiphenyl ether

1. For the purposes of this entry, Article 4(1)(b) shall apply to  concentrations of heptabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) when it occurs in substances, preparations, articles or as constituents of the flame-retarded parts of articles.
2. By way of derogation, the production, placing on the market and use of the following shall be allowed:
(a) without prejudice to subparagraph (b), articles and preparations containing concentrations below 0,1 % of heptabromodiphenyl ether by weight when produced partially or   fully from recycled materials or materials from waste prepared for re-use;
(b) electrical and electronic equipment within the scope of   Directive 2002/95/EC.
3. Use of articles already in use in the Union before 25 August 2010 containing Heptabromodiphenyl ether as a constituent of such articles shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

1. For the purposes of this entry, Article 4(1) (b) shall apply to concentrations of PFOS equal to or below 10 mg/kg (0,001 % by weight) when it occurs in substances or in preparations.
2. For the purposes of this entry, Article 4(1) (b) shall apply to concentrations of PFOS in semi-finished products or articles, or parts thereof, if the concentration of PFOS is lower than 0,1 %  by weight calculated with reference to the mass of structurally or micro-structurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is lower than 1 μg/m2 of the coated material.
3. Use of articles already in use in the Union before 25 August 2010 containing PFOS as a constituent of such articles shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.
4. Fire-fighting foams that were placed on the market before 27 December 2006 may be used until 27 June 2011.
5. If the quantity released into the environment is minimised, production and placing on the market is allowed for the following specific uses provided that Member States report to the Commission every four years on progress made to eliminate PFOS:
(a) until 26 August 2015, wetting agents for use in controlled electroplating systems;
(b) photoresists or anti-reflective coatings for photolithography processes;
(c) photographic coatings applied to films, papers, or printing plates;
(d) mist suppressants for non- decorative hard chromium (VI) plating in closed loop systems;
(e) hydraulic fluids for aviation.
Where derogations in points (a) to (e) above concern the production or use in an installation within the scope of Directive 2008/1/EC of the European Parliament and of the Council, the relevant best available techniques for the prevention and minimisation of emissions of PFOS described in the information published by the Commission pursuant to Article 17(2), second subparagraph, of Directive 2008/1/EC shall apply.
As soon as new information on details of uses and safer alternative substances or technologies for the uses in points (b)   to (e) becomes available, the Commission shall review the   derogations in the second subparagraph so that:
(i) the uses of PFOS will be phased out as soon as the use of safer alter­ natives is technically and economically feasible,
(ii) a derogation can only be continued for  essential uses for  which safer alternatives do not exist and where the efforts  undertaken to find safer alternatives have been reported on,
(iii) releases of PFOS into the environment have been minimised by applying best available techniques.
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 paragraphs 1 and 2.

(1,1,1-trichloro-2,2-bis(4-chloro­phenyl)ethane)

50-29-3

200-024-3

—

Chlordane

57-74-9

200-349-0

—

Hexachlorocyclohexanes, including lindane

58-89-9

200-401-2

—

319-84-6

206-270-8

—

319-85-7

206-271-3

—

608-73-1

210-168-9

—

Dieldrin

60-57-1

200-484-5

—

Endrin

72-20-8

200-775-7

—

Heptachlor

76-44-8

200-962-3

—

Hexachlorobenzene

118-74-1

200-273-9

—

Chlordecone

143-50-0

205-601-3

—

Aldrin

309-00-2

206-215-8

—

Pentachlorobenzene

608-93-5

210-172-5

—

Polychlorinated Biphenyls

1336-36-3
and others

215-648-1
and others

Without prejudice to Directive 96/59/EC, articles already in use at the time of the entry into force of this Regulation are allowed to be used

Mirex

2385-85-5

219-196-6

—

Toxaphene

8001-35-2

232-283-3

—

Hexabromobiphenyl

36355-01-8

252-994-2

—

Endosulfan

115-29-7 959-98-8 33213-65-9

204-079-4

1. Placing on the market and use of articles produced before or on 10 July 2012 containing endosulfan 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 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.

25637-99-4,3194-55-6, 134237-50-6, 134237-51-7, 134237-52-8

247-148-4,221-695-9

1. For the purposes of this entry, Article 4(1)(b) shall apply to concentrations of hexabromocyclododecane equal to or below 100 mg/kg (0,01 % by weight) when it occurs in substances, preparations, articles or as constituents of the flame-retarded parts of articles, subject to review by the Commission by 22 March 2019.
2. The use of hexabromocyclododecane, whether on its own or in preparations, in the production of expanded polystyrene articles, and the production and placing on the market of hexabromocyclododecane for such use, shall be allowed provided that such use has been authorised in accordance with Title VII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council(*), or is the subject of an application for authorisation submitted by 21 February 2014 where a decision on that application has yet to be taken. 
The placing on the market and use of hexabromocyclododecane, whether on its own or in preparations, in accordance with this paragraph shall only be allowed until 26 November 2019 or, if earlier, the date of expiry of the review period specified in an authorisation decision or the date of withdrawal of that authorisation pursuant to Title VII of Regulation (EC) No 1907/2006. 
The placing on the market and use in buildings of expanded polystyrene articles, that contain hexabromocyclododecane as a constituent of such articles and are produced in accordance with the exemption in this paragraph, shall be allowed until 6 months after the date of expiry of that exemption. Such articles already in use by that date may continue to be used. 
3. Without prejudice to the exemption in paragraph 2, the placing on the market and use in buildings of expanded polystyrene articles and extruded polystyrene articles that contain hexabromocyclododecane as a constituent of such articles and are produced before or on 22 March 2016 shall be allowed until 22 June 2016. Paragraph 6 shall apply as if such articles were produced pursuant to the exemption in paragraph 2.
4. Articles that contain hexabromocyclododecane as a constituent of such articles and are already in use before or on 22 March 2016 may continue to be used and further placed on the market and paragraph 6 shall not apply. Article 4(2), third and fourth subparagraphs shall apply to such articles. 
5. The placing on the market and use in buildings of imported expanded polystyrene articles that contain hexabromocyclododecane as a constituent of such articles shall be allowed until the date of expiry of the exemption in paragraph 2 and paragraph 6 shall apply as if such articles were produced pursuant to the exemption in paragraph 2. Such articles already in use by that date may continue to be used. 
6. Without prejudice to the application of other Union provisions on the classification, packaging and labelling of substances and mixtures, expanded polystyrene, in which hexabromocyclododecane is used pursuant to the exemption in paragraph 2, must be identifiable by labelling or other means throughout its life cycle.

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 hexachlorobutadiene 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 hexachlorobutadiene 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 naphthalenes

1. Placing on the market and use of articles produced 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 polychlorinated 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, chloro (short-chain chlorinated paraffins)

85535-84-8

287-476-5

1.By way of derogation, the production, placing on the market and use of substances or preparations containing SCCPs in concentrations lower than 1 % by weight or articles containing SCCPs in concentrations lower than 0,15 % by weight shall be allowed. 
2. Use shall be allowed in respect of: (a)conveyor belts in the mining industry and dam sealants containing SCCPs already in use before or on 4 December 2015; and (b) articles containing SCCPs other than those referred to in (a) already in use before or on 10 July 2012. 
3. Article 4(2) third and fourth subparagraphs shall apply to the articles referred to in point 2 above.’

CAS No

EC No

Conditions of Restriction

-

Polychlorinated dibenzo-p-dioxins and dibenzofurans

Hexachlorobenzene

Polychlorinated biphenyls

Polycyclic aromatic hydrocarbons

Pentachlorobenzene

CAS No

EC No

Limit

Tetrabromodiphenyl ether

The sum is1000 mg/kg

Pentabromodiphenyl ether

Hexabromodiphenyl ether

Heptabromodiphenyl ether

Perfluorooctane sulfonic acid and its derivatives (PFOS)
C8F17SO2X (X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers)

50 mg/kg

(1,1,1-trichloro-2,2-bis(4-chloro­phenyl)ethane)

50-29-3

200-024-3

15 μg/kg

Chlordane

57-74-9

200-349-0

50 mg/kg

Hexachlorocyclohexanes, including lindane

58-89-9

200-401-2

50 mg/kg

319-84-6

206-270-8

319-85-7

206-271-3

608-73-1

210-168-9

Dieldrin

60-57-1

200-484-5

50 mg/kg

Endrin

72-20-8

200-775-7

50 mg/kg

Heptachlor

76-44-8

200-962-3

50 mg/kg

Hexachlorobenzene

118-74-1

200-273-9

50 mg/kg

Chlordecone

143-50-0

205-601-3

50 mg/kg

Substance

CAS No

EC No

Limit

Aldrin

309-00-2

206-215-8

50 mg/kg

Pentachlorobenzene

608-93-5

210-172-5

50 mg/kg

Polychlorinated Biphenyls

1336-36-3
and others

215-648-1
and others

50 mg/kg

Mirex

2385-85-5

219-196-6

50 mg/kg

Toxaphene

8001-35-2

232-283-3

50 mg/kg

Hexabromobiphenyl

36355-01-8

252-994-2

50 mg/kg

Endosulfan

115-29-7 959-98-8 33213-65-9

204-079-4

50 mg/kg

Hexachlorobutadiene

87-38-3

201-765-5

100 mg/kg

Polychlorinated naphthalenes

10 mg/kg

Alkanes C10-C13, chloro (short-chain chlorinated paraffins)

85535-84-8

287-476-5

10000 mg/kg

polychlorinated dibenzo-p-dioxins and diben-zofurans

15μg/kg