Denmark Updates POP Legislation

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

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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

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

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