EU Specifies Limit for Pentachlorophenol Under POP Regulation

Mar. 2 2021

On February 23, 2021, Commission Delegated Regulation (EU) 2021/277 which amends annex I to Regulation (EU) 2019/1021 (POP Regulation) by specifying a limit to Pentachlorophenol (PCP) and its salts and esters is published in the Official Journal of the European Union (OJEU).

This amendment is entered into force on the twentieth day following its publication in the OJEU, i.e., March 15, 2021.

Background:
Pentachlorophenol (PCP) and its salt and esters are listed in Annex I to the POP Regulation without an Unintentional Trace Contaminant (UTC) limit value.

The Commission has determined the presence of Pentachlorophenol (PCP) and its salt and esters as an impurity in some articles, including imported textiles and recovered wood chips for the production of wood panels.

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.

In order to allow the continuation of recycling of wood chips and to facilitate enforcement, a UTC limit of 5 mg/kg (0.0005% by weight) is set for Pentachlorophenol and its salts and esters under the POP Regulation.

Amended PCP requirement under Annex I of POP Regulation

The manufacturing, placing on the market and use of substances listed in Annex I, whether on their own, in mixtures or in articles, shall be prohibited.

Substance	CAS no.	Specific exemption on intermediate use or other specification
Pentachlorophenol and its salts and esters	87-86-5 and others	Concentration of pentachlorophenol and its salts and ester equal to or below 5 mg/kg (0.0005% by weight) where they are present in substances, mixtures or articles

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