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Persistent Organic Pollutants: Preparing For Enforcement


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The often-overlooked Persistent Organic Pollutants Regulation is an important part of every company's materials management compliance program.
This webinar will provide insights into the regulation, and discuss the impact of recent changes on your compliance program. Watch the entire webinar here:

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Persistent Organic Pollutants: Preparing For Enforcement

  1. 1. | | TEL: 1(866)964.6931 1 Persistent Organic Pollutants: Preparing For Enforcement
  2. 2. | | TEL: 1(866)964.6931 2 James Calder Assent Compliance Director, Compliance Programs Today’s Presenter
  3. 3. | | TEL: 1(866)964.6931 3 Assent Product Suites Ethical Sourcing Materials Management Supplier Information Management Inspections & Audit Tools Configurable Surveys & Declarable Substance Lists
  4. 4. | | TEL: 1(866)964.6931 4 Who We Work With
  5. 5. | | TEL: 1(866)964.6931 5 The Assent Advantage
  6. 6. | | TEL: 1(866)964.6931 6 POP Regulation History International community called for actions to reduce and eliminate production, use and releases of these substances known as persistent organic pollutants (POPs) Two international legally binding instruments have been negotiated and concluded: • TheProtocol to the regional UNECEConvention onLong-Range TransboundaryAir Pollution (CLRTAP) onPOPs, opened for signatures in June1998and entered into force on October 23, 2003. • Theglobal Stockholm Conventionon POPs, opened for signatures in May2001and entered into force on May 17, 2004.
  7. 7. | | TEL: 1(866)964.6931 7 POP Regulation History (Cont’d) • Theseinstruments establish strict international regimesfor initial lists of POPs (16 in the UNECEProtocol and 12in the StockholmConvention). Both instruments also contain provisions for including additional chemicals into these lists. • Theseregimesincludes measuresto restrict the production, use, import, export, disposal and emission of these substances.
  8. 8. | | TEL: 1(866)964.6931 8 The European Union has ratified and adopted the international agreements into Community law: Regulation (EC) No850/2004OF THEEUROPEANPARLIAMENTANDOF THECOUNCILof 29 April 2004on persistent organic pollutants and amending Directive 79/117/EEC. TheRegulation contains provisions regardingproduction, placing on themarketand use of chemicals, management of stockpiles and wastes and measuresto reduceunintentional releases of POPs. Furthermore,Member States must set up emission inventories for unintentionallyproduced POPs, national implementation plans (NIPs) and monitoring and information exchange mechanisms. European Adoption
  9. 9. | | TEL: 1(866)964.6931 9 Impact On Finished Products (Articles) The production, placing on the market and use of substances listed in Annex II, whether on their own, in preparations or as constituents of articles, shall be restricted in accordance with the conditions set out in that Annex. Does not apply to: • A substance used for laboratory-scale researchor as a referencestandard; • A substance occurringas an unintentional trace contaminantin substances, preparations or articles. • Substances occurringas a constituent of articles produced before or on thedate of entryinto force of this regulation until six months after the date of its entryinto force. The production, placing on the market and use of substances listed in Annex I, whether on their own, in preparations or as constituents of articles, shall be prohibited
  10. 10. | | TEL: 1(866)964.6931 10 Initially, the law included the most persistent and toxic POPs (12 substances) Has since doubled insize with additional substances being added as the Stockholm Convention adds substances. ThePOP Regulation is requiredto amend its annexesto align with the Stockholm Convention within a given time period. Most recent addition is HBCD/HBCDD (March 2016). Substances Captured Under the POP Regulation
  11. 11. | | TEL: 1(866)964.6931 11 COMMISSIONREGULATION(EU) 2016/293of 1 March2016amending Regulation (EC) No850/2004 of the EuropeanParliamentand of the Council on persistentorganicpollutants as regardsAnnex I. Enteredinto force March22,2016. At the sixthmeetingto amend AnnexA to the Convention in orderto includehexabromocyclododecane(‘HBCDD’)inthat Annex.That amendment contains a specificexemptionfor the production and use of HBCDDin expandedpolystyreneand extrudedpolystyreneinbuildings. In accordance with Article22(3)of the Convention, amendmentsto AnnexesA, B and C theretoenterinto force 1 yearfrom thedate of the communication by the depositary of the amendment,which, for HBCDD,was 26 November2014. Deep Dive Of The HBCD/HCBDD Addition MARCH 1, 2016 MARCH 22, 2016 NOV. 26, 2014 1 YEAR
  12. 12. | | TEL: 1(866)964.6931 12 Discussed for inclusion into RoHSin the most recent increaseof RoHSsubstances (2015/863). Argumentwas it was already included in the POP Regulation and included in the REACHRegulation Also anSVHCin REACHand requiresAuthorisation for use. TheConventionhas anexemption for expanded polystyrene and extruded polystyrene in buildings. Since REACHdid not receive Authorisation for that use, it is removed as an exemption (June22, 2016)within the POP Regulation. HBCDD Relation to RoHS & REACH
  13. 13. | | TEL: 1(866)964.6931 13 April 15, 2016: Mobile Phone Case • Theouter plastic layercontains 0.44%byweight short chainchlorinated paraffins (SCCPs). • Theplacing on the marketand useof articles containingSCCPs is banned. SCCPspersist in the environment, aretoxic to aquatic organisms at low concentrations and bioaccumulate inwildlife and humans,posing a risk to humanhealth and the environment. • Theproduct does not comply with the regulation onpersistent organic pollutants (POP Regulation). • Withdrawal of the product from themarketand recall of the product from end users. Enforcement: Example From RAPEX Notification
  14. 14. | | TEL: 1(866)964.6931 14 Target Electronics Some contained short chain chlorinated paraffins (SCCP)whichhas been restricted in the EU since 2012by theEU POPs Regulation, as amended by Regulation 519/2012. Recently at the end of 2015,a maximum concentration limit in articles was set at 0.15%by Regulation 2015/2030. Used in leather processing and can also be usedas a plasticizer inrubber,paints, adhesives, flame retardants for plastics includingvinyl flooring, carpet backingand in wire and cable coatings. Recent Swedish (KEMI) Enforcement Report
  15. 15. | | TEL: 1(866)964.6931 15 • If not already, includein yourmaterials management program. • REACHand RoHS tend to bethe bullies in theroom who muscle otherregulations out of the conversation. • Align yourdata collection efforts with other requirements(e.g. Prop 65, REACh, RoHS, CPSIA, etc). • Due to the lack of inclusion within a company’s supply agreements, suppliers may not knowtheyare supplying non-compliant material. • Keep an eyeon the Stockholm Conventionfor eventual inclusion into the POP Regulation. Recent Swedish (KEMI) Enforcement Report
  16. 16. | | TEL: 1(866)964.6931 16 Compliance Essentials: Why You Need the Assent Campaign Manager Tuesday, April 26th, 1PM EST Upcoming Events: Webinars Register today!
  17. 17. | | TEL: 1(866)964.6931 17 Any Questions? Thank You