In response to 2 incidents resulting in PCB-contaminations in 2006, the VROM Inspectorate decided to conduct an in-depth study to the number of remaining PCB-containing sources in the Netherlands. MWH was assigned to conduct this study and the English translation of their May 2008 report became recently available. I forward this report to the Commission and Member States for a first reflection in the CA Meeting for the implementation of Regulation (EC) 850/2004. My suggestion is to list this issue under agenda item 8 Any other business.

The essential message in this report is the difficulties the Netherlands encounters in the elimination of PCB’s. The Netherlands has a long history in the elimination of PCB’s, already going back to the early eighties for the first clean-up operations. Despite all our national legislation to halt the use of PCB’s, all our communication efforts and compliance actions from our Inspectorate, we have not yet succeeded completely in the total elimination of the use of PCB’s.

One of the reasons that PCB’s are still found, is the discovery by the Inspectorate of an unknown application in rem thrusters of old hydraulic systems in bridges. Another possible source for PCB-contamination is the demolition of transformers and capacitors by the scrap-sector and the Netherlands is an important transit country for scrap.

The MWH report describes the findings, presenting recommendations how to address this issue further. The recommendations at the national level are already taken up by the Inspectorate.

In our view the recommendations in our report also have a European impact and should therefore be discussed more thoroughly in a meeting of the competent authorities of Regulation (EC) 850/2004. In this Regulation Annex 1 makes a reference to the phase-out mechanism in the PCB-directive 96/59/EC. Article 3 of the PCB-directive states that “the equipment and the PCB’s contained therein…, decontamination and/or disposal shall be effected by the latest at the end of 2010.” This date gives a time limit for the Member States to meet the objective of regulation 850/2004 regarding PCB’s.

The national implementation plans within the EU give an indication of the extent of the use of PCB’s in Member States. Based on our experiences the Netherlands wonders if the EU as a whole will meet the deadline of 31.12.2010 and what actions should be taken in order to comply with the POP Regulation and the PCB Directive.

The meeting of January 16 is the first opportunity to present this issue and to have a first round of comments. In our view the Commission should prepare some kind of Community Action Plan to discuss at the next meeting.

Cees Luttikhuizen

Senior Policy Advisor

Directorate Environmental Safety & Risk Policy/645

Ministry of Housing, Spatial Planning and the Environment

Postbox 30945

2500GX Den Haag

T +31.70.339.4167

F +31.70.339.1286

E

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