Executive Order on PCBs, PCTs and substitutes for these
chemical compounds
Pursuant to Sections 7, 7a, 44, 45, subsection 2, 80 and 110, subsection 3 according to Act No. 358 of 6 June 1991 on
Environmental Protection, cf. Consolidated Act No. 698 of 22 September 1998 and pursuant to Sections 22, subsection 4, 23, 30
subsections 1 and 3, 39, 43 and 45, subsection 1 and Section 59, subsections 4 and 5 according to Act No. 212 of 23 May 1979
on chemical substances and products, cf. Consolidated Act No. 21 of 16 January 1996, amended most recently in Act No. 424 of
10 June 1997, the following provisions are hereby established: 1
Chapter 1
Scope of application and definition of terms of this Executive Order
Section 1. In this Executive Order, the following definitions are used:
1) PCB:
a) - PCB: - polychlorinated biphenyls and preparations containing more than 0.005% by weight of PCBs.
b) - PCT: - polychlorinated terphenyls and preparations containing more than 0.005% by weight of PCT.
c) - substitutes: Monomethyl tetrachloro-diphenyl methane (Chemical Abstracts Service (CAS) No. 7625360-6), monomethyl dichloro-diphenyl methane (CAS No. unknown) and monomethyl dibromo-diphenyl
methane (CAS No. 99688-47-8)
2) Equipment containing PCBs: Appliances or equipment that contain or have contained PCBs and have not been
decontaminated. Apparatus of a type which may contain PCBs shall be treated as containing PCBs unless an analysis
has demonstrated that the apparatus does not contain PCBs, cf. Section 22.
3) Used PCBs: PCBs which are defined as waste according to the Executive Order No. 299 of 30 April 1997 on
waste, cf. Section 3, item No. 1.2
4) Owner: The person who, or legal entity which, is in possession of PCBs, used PCBs and/or equipment containing
PCBs.
5) Decontamination: All operations which enable equipment, objects, materials or fluids contaminated by PCBs to
be reused, recycled or disposed of safely – possibly including replacement, i.e. all operations in which PCBs are
replaced by suitable fluids not containing PCBs.3
6) Disposal: The following methods of disposal listed in Annex 6 A to the Executive Order No. 299 of 30 April 1997
on waste4:
- D8 (biological treatment),
- D9 (physical and chemical treatment),
- D10 (incineration on land),
- D12 (permanent storage - only in a safe, deep, underground storage site in a dry rock formation and
only for equipment containing PCBs and used PCBs which cannot be decontaminated), and
- D15 (storage before disposal using one of the methods listed in D1 - D14 (excluding temporary storage
before collection on the site where the waste was produced)).
Section 2. This Executive Order covers the following issues related to PCBs and equipment containing PCBs, cf. Section 1:
1) the sale, import, storage and use of PCBs, equipment maintenance and marking,
2) providing information on PCBs,
3) separating and filling with PCBs,
4) disposal and decontamination, as well as
5) monitoring and analyses
Section 3. The rules of this Executive Order do not apply to PCBs and equipment containing PCBs which are manufactured
abroad and are only being transported through Denmark as goods in transit and which are not subject to treatment or
processing. However, this does not apply if the transport of such goods is regulated by legislation imposed by the Minister of
the Environment and Energy concerning the import and export of waste materials.
Section 4. Unless other requirements are imposed in these Executive Orders, all other legislation on waste management is
applicable, including the Executive Orders on waste5.
Chapter 2
The sale, import, storage and use of PCBs, equipment maintenance and marking
Section 5. The sale and import of PCBs, and equipment containing PCBs, is forbidden.6
Section 6. The use of transformers and capacitors containing PCBs which have a total weight of 1 kg or more or have a
power rating greater than or equal to 2 kVAr (reactive power) is prohibited.7
Subsection 2. The use of monomethyl tetrachloro-diphenyl methane (Chemical Abstracts Service or CAS No. 76253-60-6),
monomethyl dichloro-diphenyl methane (CAS No. unknown) or monomethyl dibromo-diphenyl methane (CAS No. 99688-47-8)
or the use of chemical products containing these substances is forbidden.
Subsection 3. Equipment containing monomethyl tetrachloro-diphenyl methane (CAS No. 76253-60-6) which was in use on
18 June 1994 may be used and maintained until the end of its service life.
Subsection 4. Transformers and capacitors containing PCBs which are not covered by subsection 1 may be used until the
end of their service life.
Section 7. Types of equipment containing PCBs, which are covered by Section 6, subsections 2 and 3, may continue to be
used and maintained until they are decontaminated and/or disposed of in accordance with this Executive Order. This
presupposes, however, that the PCBs contained in this equipment comply with the technical regulations and specifications
regarding dielectric quality and that these appliances are in good condition and are not leaking.
Section 8. Notwithstanding the provisions of Section 5 and Section 6, subsection 1, PCBs may be sold, imported and used
for research and analysis purposes.
Section 9. PCBs must be kept separate from combustible materials.
Subsection 2. Transformers and capacitors covered by Section 6, subsection 1 must be kept in a detached or fire-resistant
building which only has electrical equipment that does not contain oil. However, they may also be housed in a separate
fireproof section of a building, compliant with the BS-60 fireproofing standard8, which also has only electrical equipment that
does not contain oil.
Section 10. Equipment, including transformers and capacitors, with a PCB content of more than 5 dm 3 must have markings
indicating this.
Subsection 2. These markings must be clearly visible and must indicate that the equipment contains PCBs and that if this
equipment is burnt in a fire, harmful vapours will be emitted.
Subsection 3. After this equipment has been decontaminated, the markings referred to in subsection 1 above must be
replaced by the markings specified in Annex I to this Executive Order, cf. Section 17, subsection 2, No. 4.
Section 11. Buildings and premises housing the equipment referred to in Section 8 above, and all the entrances to such
buildings and premises, must be identified.
Subsection 2. This identification must be clear and must consist of easily visible signs indicating that there is equipment
containing PCBs in the building or premises and that if this equipment is burnt in a fire, harmful vapours will be emitted.
Section 12. The owners of PCBs and equipment containing PCBs are responsible for compliance with the provisions in the
above Sections 5 to 11 of this Chapter of the Executive Order.
Chapter 3
Providing information on PCBs
Section 13. The owners of PCBs and of equipment containing PCBs must provide the information listed in subsection 2
below to the Environmental Authority on request.
Subsection 2. The following information shall be provided, cf. subsection 1 above:
- the owner’s name and address,
- a description of the quantity of PCBs, how they are stored, what they are used for and where they are stored,
- a description of the equipment and details of where it is located,
- the quantity of PCBs in the equipment,
- the date of treatment or replacement of PCBs, either already carried out or planned,
- the method of treatment or replacement of PCBs, either already carried out or planned, and
- the date of receipt of the documentation referred to in Section 20 (documentation on the disposal of PCBs).
Subsection 3. The owners of the equipment referred to in subsection 1 above shall notify the Environmental Authority of any
changes in the information they have previously provided.
Chapter 4
Separating and filling with PCBs
Section 14. Separation of PCBs from other substances in order to reuse them is prohibited.
Section 15. Filling equipment with fluids containing PCBs is prohibited.
Chapter 5
Disposal and decontamination
Section 16. The owners of transformers and capacitors containing PCBs, which are covered by the prohibition of use in
Section 6 subsection 1 above, must ensure that these PCBs are disposed of as soon as possible and no later than 1st January
2000.
Subsection 2. The owners of the substitutes for PCBs referred to in Section 6 subsection 2 above must ensure that these
substitutes for PCBs are disposed of as soon as possible and no later than 1st January 2000.
Subsection 3. The owners of equipment, including transformers and capacitors, with a PCB content of more than 5 dm 3 must
ensure that this equipment is disposed of as soon as possible and no later than 1st January 2000.
Subsection 4. The owners of equipment containing PCBs, which is covered by Section 6, subsections 3 and 4, must ensure
that this equipment is disposed of at the end of its service life.
Subsection 5. The owners of PCBs in other forms and objects containing PCBs must ensure that these items are disposed of
as soon as possible after their final use.
Section 17. The owners of transformers containing more than 0.05% by weight of PCBs must ensure that these
transformers are decontaminated as soon as possible.
Subsection 2. The persons carrying out this decontamination work must ensure that the following conditions are fulfilled:
1) The purpose of this decontamination process must be to reduce the level of PCBs to below 0.05%.
2) The substitute compounds which do not contain PCBs must result in a significant reduction of risks.
3) The replacement must not jeopardise the subsequent disposal of PCBs.
4) The markings on the transformer after its decontamination must be replaced with the markings specified in
Annex 1 to this Executive Order.
Section 18. The owners of transformers containing between 0.05 and 0.005% by weight of PCBs must ensure that these
transformers are decontaminated as soon as possible or ensure that these transformers are disposed of at the end of their
service life.
Subsection 2. The persons carrying out this decontamination work must ensure that the conditions listed in Section 16,
subsection 2, No.s 2, 3 and 4 are fulfilled.Section 19. The local authorities or the approved companies which collect used PCBs
for disposal must provide the owner with documentation confirming the type and quantity of the PCBs they have collected.
Section 20. When PCBs are disposed of in accordance with this Executive Order, only the disposal methods listed in Section
1, No. 6 may be used.
Subsection 2. The Danish Environmental Protection Agency may, on application, authorise other methods of disposal of PCBs
or equipment containing PCBs if these methods fulfil environmental protection standards similar to those achieved by
incineration and comply with the technical standards that are considered as ensuring the best available technology.
Section 21 Incineration of PCBs on ships is prohibited.9
Chapter 6
Internal monitoring and analyses
Section 22. The owners of PCBs, including used PCBs and equipment containing PCBs which are covered by Chapter 2 of
this Executive Order, must keep documentation confirming that these PCBs meet the provisions of this Executive Order. This
documentation shall be made available to the inspection authorities on request.
Subsection 2. Analyses of PCBs must apply the methods for analysis specified in Annex 2.
Subsection 3. The inspection authorities may require analyses to be carried out at laboratories which are accredited based
on the Accreditation Regulations.
Chapter 7
Supervision and enforcement
Section 23. The regulations for supervision and enforcement are set out in the law on environmental protection, cf. Act No.
358 of 6 June 1991 on Environmental Protection, cf. Consolidated Act No. 698 of 22 September 1998.
Subsection 2. However, the supervision and enforcement of compliance with the regulations in Chapter 2 above on the sale,
import, storage and use of PCBs, equipment maintenance and marking and the supervision of compliance with the regulations
in Chapter 3 above on providing information on PCBs, are carried out by the Danish Environmental Protection Agency, cf. Act
No. 212 of 23 May 1979 on chemical substances and products, cf. Consolidated Act No. 21 of 16 January 1996, amended most
recently in Act No. 424 of 10 June 1997.
Chapter 8
Administrative provisions
Section 24. Decisions by the authorities based on this Executive Order cannot be appealed against before another
administrative authority, including the Danish Ministry of the Environment and Energy.
Chapter 9
Penalties
Section 25. Unless a harsher penalty is applicable based on other legislation, penalty fines will be imposed on those who
1) violate the prohibition of the sale and import of PCBs in Section 5,
2) violate the prohibition of the use of PCBs in Section 6,
3) fail to comply with the regulations on equipment maintenance in Section 7,
4) fail to comply with the regulations on facilities to be used for storing PCBs and for housing equipment containing
PCBs in Section 9,
5) fail to comply with the regulations on the marking of equipment and facilities in Sections 10 - 11,
6) fail to provide information on PCBs as required in Section 13,
7) fail to give notification of changes or corrections to the information required in Section 13, subsection 3,
8) violate the prohibition of the separation of PCBs for reuse in Section 14,
9) violate the prohibition of the filling of equipment with fluids containing PCBs in Section 15,
10) fail to comply with the regulations on the disposal of PCBs in Sections 16, 18, 20 and 21,
11) fail to comply with the regulations on decontamination in Sections 17 and 18, or
12) fail to comply with the regulations on internal monitoring and analyses in Section 22.
Subsection 2. The penalties may be increased to up to 2 years' imprisonment if the violation was deliberate or due to gross
negligence and if the violation has:
1) caused or risked damage to the environment, or
2) achieved or was intended to achieve financial gain for the offender or others, including through reduction of costs.Subsection
3. Criminal liability may be imposed on companies, etc. (legal persons) under the rules of Chapter 5 of the Danish Criminal
Code.
Chapter 10
Implementation and transitional provisions
Section 26. This Executive Order shall come into force on 1st January 1999.
Section 27. At the same time as this Executive Order enters into force, Executive Order No. 718 of 9 October 1986 on
restrictions on the use of PCBs and PCTs and Sections 24-26 of Executive Order No. 1042 of 17 December 1997 on restrictions
on the sale and use of certain hazardous chemicals and products intended for particular specified purposes shall be repealed or
replaced.
1 This Executive Order includes provisions implementing European Council Directive 96/59/EC of 16 September 1996 on the disposal of
polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs) and provisions implementing European Directive 76/769/EEC of 27 July
1976 restricting the marketing and use of certain dangerous substances and preparations, as subsequently amended.
2 The Danish Ministry of the Environment and Energy Executive Order No. 299 of 30 April 1997 on waste implement among other things, the
European Directive 75/422 EEC (amended by 91/156 EEC) on waste, including definitions of types of waste. This Executive Order, in Section 3,
item No. 1, defines waste as follows: 'Any substance or any object defined in one of the categories of Annex 1, cf. Annex 2, which the owner
disposes of, intends to dispose of or is required to dispose of.'
3 Such decontamination operations are included with the list of companies requiring authorisation with the regional authorities as the
certification authority.
4 Annex 6 A of the Danish Ministry of the Environment and Energy Executive Order No. 299 of 30 April 1997 on waste implements Annex II A
of European directive 75/442/EEC (91/156/EEC).
5 Cf. the Danish Ministry of the Environment and Energy Executive Order No. 299 of 30 April 1997 on waste.
6 The sale and import of PCBs has been prohibited since 31 October 1986, cf. Section 3 in the Danish Ministry of the Environment and
Energy Executive Order No. 718 of 9 October 1986 on restrictions on the use of PCBs and PCTs, which is repealed and replaced by this Executive
Order, cf. Section 28.
7 The use of such transformers and capacitors containing PCBs has been prohibited since 1 January 1995, cf. Section 4 in the Danish Ministry
of the Environment and Energy Executive Order No. 718 of 9 October 1986 on restrictions on the use of PCBs and PCTs, which is repealed and
replaced by this Executive Order, cf. Section 28.
8 Reference may be made to the Danish Standard DS 1052.1 (sections of buildings etc.) and Technical Fire Safety Guidelines No. 30 of 1998
on examples of fire safety technology etc. issued by the Danish Institute of Fire Safety Technology.
9 Cf. also the Danish Ministry of the Environment and Energy Act No. 476 of 30 June 1993 on the protection of the marine environment,
Section 31, subsections 1 and 2, which implements the prohibition of incineration of chemical waste at sea in accordance with the London and
Oslo conventions.
Annex 1
DECONTAMINATED EQUIPMENT CONTAINING PCBs
The fluid containing PCBs was replaced
with ............................ (name of replacement fluid)
on ............................. (date)
by ................................ (company name)
Concentration of PCBs
in the old fluid: ................................ % by weight
in the new fluid: .................................... % by weight
Annex 2
Analysis of PCBs carried out in accordance with German standard DIN 51 527.
When the CEN method based on European standard CEN 12766-1 is approved, this method is to be
adopted.
The Danish Ministry of the Environment and Energy, 13 December 1998
Svend Auken
/ Niels Juul Jensen