# COMMISSION REGULATION (EC) No 323/2007

of 26 March 2007

amending Annex V to Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79/117/EEC

(Text with EEA relevance)

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC [^1] , and in particular Article 7(6), and Article 14(3) thereof,

Whereas:

**(1)** As specified in Part 1 of Annex V to Regulation (EC) No 850/2004, the operations laid down in Part 2 of that Annex may also require in some cases pre-treatment operations. Therefore, Part 2 of Annex V needs to be amended accordingly.

**(2)** The measures provided for in this Regulation are the most appropriate to ensure a high level of protection.

**(3)** The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste [^2] ,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The Annex V to Regulation (EC) No 850/2004 is amended as set out in the Annex to this Regulation.

## **Article 2**

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 March 2007. *For the Commission* Stavros DIMAS *Member of the Commission*

[^1] [OJ L 158, 30.4.2004, p. 7](http://publications.europa.eu/resource/oj/JOL_2004_158_R_TOC) , as corrected by [OJ L 229, 29.6.2004, p. 5](http://publications.europa.eu/resource/oj/JOL_2004_229_R_TOC) . Regulation as last amended by Council Regulation (EC) No 172/2007 ( [OJ L 55, 23.2.2007, p. 1](http://publications.europa.eu/resource/oj/JOL_2007_055_R_TOC) ).

[^2] [OJ L 194, 25.7.1975, p. 39](http://publications.europa.eu/resource/oj/JOL_1975_194_R_TOC) . Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council ( [OJ L 284, 31.10.2003, p. 1](http://publications.europa.eu/resource/oj/JOL_2003_284_R_TOC) ).

In Part 2 of Annex V to Regulation (EC) No 850/2004 the following paragraph is added after the first sentence:

‘Pre-treatment operations prior to permanent storage pursuant to this part of this Annex may be performed, provided that a substance listed in Annex IV that is isolated from the waste during the pre-treatment is subsequently disposed of in accordance with Part 1 of this Annex. In addition, repackaging and temporary storage operations may be performed prior to such pre-treatment or prior to permanent storage pursuant to this part of this Annex.’

[^1]: , as corrected by . Regulation as last amended by Council Regulation (EC) No 172/2007 ().
[^2]: . Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council ().