Pentachlorophenol (PCP) and its salt and esters are listed in Annex I to the POP Regulation without an Unintentional Trace Contaminant (UTC) limit value. ECHA and some Competent Authorities of the Member States for the POP Regulation have recently received inquiries concerning a limit value for the presence of PCP in articles as PCP can be found in recovered wood chips for the production of wood panels and in imported textiles.
The lack of a specified UTC limit value results in legal uncertainty since stakeholders do not know whether a limit value applies nor which value. The absence of a limit value would be interpreted as if the limit of detection applies, which would be so low that it would create problems in some cases.
Based on the available information, the limit value is proposed to be set at 5 mg/kg (0.0005% by weight) for the presence of PCP as UTC in substances, mixtures and articles which would facilitate the enforcement.
The draft amendment is now open for public consultation until September 29, 2020 and is expected to be adopted in Q4 of 2020. The amendment will enter into force on the twentieth day following its publication in the Official Journal of the EU (OJEU).
Draft Regulation:
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12516-Chemische-Schadstoffe-neue-Grenzwerte-f-r-Pentachlorphenol
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