The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2022

Amendment of Regulation (EU) 2019/1021 on persistent organic pollutants

2.—(1) Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast)(1) is amended as follows.

(2) In Annex 1, in Part A, in the Table—

(a) in the entry for bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE), in the fourth column, after point 2 insert—

“3.   By way of derogation, the manufacturing, placing on the market and use of decaBDE are allowed for the following purposes:

(a) in the manufacturing of an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, until 18 December 2023, or, in cases where the continuing need is justified, until 2 March 2027;

(b) in the manufacturing of spare parts for either of the following:

(i) an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, produced before 18 December 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft;

(ii) a motor vehicle within the scope of Regulation (EU) 2018/858 of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC(2) and produced before 15 July 2019, either until 2036 or the end of service life of that motor vehicle, whichever date comes earlier;

(c) electric and electronic equipment within the scope of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012(3).”;

(b) in the entry for perfluorooctane sulfonic acid and its derivatives (PFOS) C₈F₁₇SO₂X, in the fourth column, in point 4, in the first paragraph, in the second sentence—

(i) for the words from “Provided” to “Commission”, in the first place it occurs, substitute “Provided that where PFOS is used the competent authority reports to the appropriate authority”;

(ii) for “Commission”, in the second place it occurs, substitute “appropriate authority”;

(c) in the entry for perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, in the fourth column, in point 7 for “Commission” substitute “appropriate authority”.

(1)

EUR 2019/1021, amended by EUR 2020/784 and S.I. 2020/1358; there are other amending instruments but none is relevant.

(2)

EUR 2018/858.

(3)

S.I. 2012/3032, amended by S.I. 2019/492; there are other amending instruments but none is relevant.