Denmark Updates POP Legislation

A look at updates to legislation on persistent organic pollutants in Denmark. End Quote

(1888PressRelease) October 19, 2021 - Denmark publishes three Executive Orders relating to persistent organic pollutants (POP). These repeal two previous Executive orders and clarify the Danish market’s adherence to European Union (EU) Regulation (EU) 2019/1021 (POP Recast Regulation).

Published on October 5, 2021, the three Executive Orders are:
1) BEK no1894 of 10/04/2021 ‘Performance of Tasks under Regulation (EU) 2019/1021’
2) BEK no. 1895 of 10/04/2021 ‘Repealing Executive Order on Certain Persistent Organic Compounds (POPs)’ – repeals Executive Order no. 820 of September 29, 2003, on certain POPs
3) BEK no. 1896 of 10/04/2021 ‘Repealing Executive Order Banning the Import, Sale, Use and Export of Products Containing Pentachlorophenol (PCP)’ – repeals Executive Order no. 854 of September 5, 2009, restricting PCP to less than 5 mg/kg in goods

The first Executive Order, BEK no1894 of 10/04/2021, clarifies that the Ministry of the Environment and its institutions must perform tasks assigned to competent authorities under Article 19 in the POP Recast Regulation. It also states the Environmental Protection Agency will act as the market surveillance authority. This came into effect on October 10, 2021, while the other two Executive Orders will come into effect on January 1, 2022.

The POP Recast Regulations was published in 2019, with a consolidated version in March 2021. Since publishing, Annex 1 to Part A has been amended several times, in relation to:
• Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds
• Dicofol
• Perfluorooctane sulfonic acid and its derivatives (PFOS)
• Pentachlorophenol (PCP), its salts and esters – limit of no more than 5 mg/kg in substances, mixtures or articles

Stakeholders are advised to now check their products conform to the latest requirements for accessing markets in Denmark.

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