The European Commission has issued a draft regulation to amend Regulation (EU) 2019/1021, proposing the inclusion of dechlorane plus, a persistent organic pollutant (POP), in Annex A of the Stockholm Convention on POPs. This draft regulation, reflecting decisions made at the eleventh meeting of the Conference of the Parties to the Stockholm Convention held in May 2023, aims to prohibit or restrict the use of dechlorane plus within the EU. The Commission is inviting feedback from stakeholders on the proposed legislation from 26 June to 24 July 2024.
Details of the Proposed Regulation
Dechlorane plus, along with its syn-isomer and anti-isomer, has been identified as a substance requiring strict control due to its persistence in the environment and potential health risks. The draft regulation proposes several key measures, including:
- Usage Restrictions and Exemptions:
- Concentrations of dechlorane plus equal to or below 1 mg/kg in substances, mixtures, or articles will be allowed.
- Specific exemptions for aerospace, space, and defence applications, as well as medical imaging and radiotherapy devices, will be permitted until 26 February 2030.
- Spare parts for various applications, where dechlorane plus was initially used in production, will be allowed until the end of their service life or 31 December 2043, whichever comes earlier.
- Articles containing dechlorane plus already in use in the Union before or on the date of expiry of relevant exemptions may continue to be used.
- Review and Extension of Exemptions:
- The need for a prolongation of specific exemptions will be assessed by 1 April 2028.
- Market and Use Conditions:
- Placing on the market and use of spare parts containing dechlorane plus, produced or imported before or on 31 December 2043, will be allowed.
Context and Rationale
The regulation aims to align the EU's commitments under the Stockholm Convention, which mandates the prohibition or restriction of listed chemicals to protect human health and the environment from POPs. The decision to list dechlorane plus was supported by the European Chemicals Agency (ECHA) following Norway's preparation of a restriction dossier, which recommended broad restrictions with certain exemptions.
Public Consultation Process
The draft regulation has undergone consultation with experts from member states and relevant stakeholders, including the chemicals industry and civil society. The public consultation period, from 26 June to 24 July 2024, provides an opportunity for broader input on the proposed measures. The feedback will be considered in finalising the regulation, ensuring it addresses both environmental and socio-economic concerns effectively.
