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Denmark Issues Legislation on Persistent Organic Pollutants

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Hardgoods, Hardgoods, Hardgoods, Hardgoods, Softlines, Softlines, Softlines, SoftlinesOctober 13, 2021

Denmark has repealed two pieces of national legislation on persistent organic pollutants (POPs). This will become effective on January 1, 2022.

In 2019, the European Union (EU) published Regulation (EU) 2019/1021 on persistent organic pollutants (POP Recast Regulation, consolidated version to March 2021). This piece of legislation is a binding legislative act that is applied in its entirety across the EU, including Denmark. Since its publication, Annex I to Part A of POP Recast has been amended on several occasions, including those in relation to 1) perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds 2) dicofol 3) perfluorooctane sulfonic acid and its derivatives (PFOS) and 4) pentachlorophenol (PCP), its salts and esters – the last point of which set a limit of no more than 5 mg/kg in substances, mixtures or articles (SafeGuardS 25/21). 

On October 5, 2021, Denmark’s Ministry of the Environment published several Executive Orders (Bekendtgørelse, BEK) in relation to persistent organic pollutants. Highlights of these three Executive Orders are summarized in Table 1.

Executive Order


Effective Date

BEK no1894 of 10/04/2021
‘Performance of Tasks under Regulation (EU) 2019/1021’
  • Clarifies that the Ministry of the Environment and its institutions are to perform the tasks assigned to the competent authorities in accordance with Article 19 to the POP Recast Regulation on competent authorities
  • Environmental Protection Agency acts as market surveillance authority
October 10, 2021
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
January 1, 2022
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
January 1, 2022

Table 1

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