§2.1.8 Persistent Organic Pollutants (POP) Regulation

The POP regulation aims to protect environment and human health from persistent organic pollutants (POPs). Waste containing certain POPs as indicated in the Annex to the LoW (point 2, indent 3) above the relevant threshold of the POP regulation have to be classified as hazardous. Box 9: The POP Regulation Regulation (EC) 850/2004 on persistent organic pollutants (POP Regulation) (18) has amongst its aims that of protecting the environment and human health from certain specified substances that are transported across international boundaries far from their sources, persist in the environment, and can bioaccumulate in living organisms, by implementing relevant international agreements. The Regulation's scope is restricted to the substances listed in the Annexes of the Regulation. Following Article 7 of the POP Regulation, wastes consisting of POPs, containing or contaminated with them above specific limit values (concentration limit referred to in Article 7(4)(a) — the so called ‘low POP-content limit value’) (19), must be disposed of or recovered, without undue delay and in accordance with the provisions laid down in the POP Regulation in such a way as to ensure that the persistent organic pollutant content is destroyed or irreversibly transformed so that the remaining waste and releases do not exhibit the characteristics of persistent organic pollutants. Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use of the POPs are prohibited. The classification of mirror entries, as amended by Commission Decision 2014/955/EU, must take into consideration the existence of certain POPs. Waste containing certain POPs (as indicated in the Annex to the LoW (point 2, indent 3) (20)), above the relevant thresholds of POPs Regulation, are considered hazardous without further consideration (see example in Annex 1, Section 1.4.10). Note that: — The presence of POPs listed in the Annexes of the POP Regulation other than those specifically mentioned in the Annex to the LoW (point 2, indent 3), even in concentrations exceeding the limit values established in Annex IV to the POP Regulation, does not automatically lead to a classification of a waste as hazardous. Classification would depend on the hazard classification of the substance and has to be assessed applying the general rules of Annex III to the WFD applicable to HP1 to HP15; — This impact on classification is irrespective and independent from all obligations set out for the producers and holders of POPs waste according to POP Regulation.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07