Search Legislation

Advanced Search

Regulation (EU) 2019/1021 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (recast) (Text with EEA relevance)

Help about what version

What Version

Help about advanced features

Advanced Features

Help about UK-EU Regulation

This is a Regulation originating from the EU

Close

This is a legislation item that originated from the EU

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

Changes to legislation:

There are outstanding changes not yet made to Regulation (EU) 2019/1021 of the European Parliament and of the Council. Any changes that have already been made to the legislation appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Annex I:

  • Annex 1 Pt. A Note (1) omitted by S.I. 2019/1340 reg. 22(15)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Note (4) omitted by S.I. 2019/1340 reg. 22(15)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A words inserted by S.I. 2023/1217 reg. 2(2)
  • Annex 1 Pt. A Note (3) words omitted by S.I. 2019/1340 reg. 22(15)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(3)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(4)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(5)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(6)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(7)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(8)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(11)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(12) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(13) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table word substituted by S.I. 2019/1340 reg. 22(14) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words omitted by S.I. 2019/1340 reg. 22(8)(b)(ii)(bb) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words omitted by S.I. 2019/1340 reg. 22(11)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(3)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(3)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(4)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(4)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(5)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(5)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(6)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(6)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(7)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(7)(b)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(7)(b)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(7)(d) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(8)(b)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(8)(b)(ii)(aa) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(8)(b)(iii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(9) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(10)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(10)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2019/1340 reg. 22(11)(c) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Annex 1 Pt. A Table words substituted by S.I. 2020/1358 reg. 26(8)(a) (This amendment not applied to legislation.gov.uk. The words to be substituted do not appear in Annex 1 Pt A)

Changes and effects yet to be applied to the whole legislation item and associated provisions

  • Signature words omitted by S.I. 2019/1340 reg. 21 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 2(8) words inserted by S.I. 2019/1340 reg. 4(2) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 2(14)-(19) inserted by S.I. 2019/1340 reg. 4(3) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 7(4)(b)(i) words omitted by S.I. 2019/1340 reg. 10(3)(b)(ii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 7(4)(b)(iii) words substituted by S.I. 2019/1340 reg. 10(3)(b)(iii) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 7(4)(b)(iv)-(vi) substituted for Art. 7(4)(b)(iv) by S.I. 2019/1340 reg. 10(3)(b)(iv) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

ANNEX IU.K.

Part AU.K.Substances listed in the Convention and in the Protocol as well as substances listed only in the Convention

F1. . .
a

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p.1).

b

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC F2....

F3. . .
c

Commission Regulation (EU) 2016/293 of 1 March 2016 amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants as regards Annex I (OJ L 55, 2.3.2016, p. 4).

e

Polychlorinated naphthalenes means chemical compounds based on the naphthalene ring system, where one or more hydrogen atoms have been replaced by chlorine atoms.

f

[F4Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC.]

SubstanceCAS NoEC NoSpecific exemption on intermediate use or other specification

Tetrabromodiphenyl ether

C12H6Br4O

40088-47-9 and others254-787-2 and others

[X11.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of tetrabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F5appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

3. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F6the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing tetrabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Pentabromodiphenyl ether

C12H5Br5O

32534-81-9 and others251-084-2 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of pentabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F7appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[X13. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F8the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing pentabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Hexabromodiphenyl ether

C12H4Br6O

36483-60-0 and others253-058-6 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of hexabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F9appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[X13. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F10the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing hexabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Heptabromodiphenyl ether

C12H3Br7O

68928-80-3 and others273-031-2 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of heptabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F11appropriate authority] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[X13. By way of derogation, the manufacturing, placing on the market and use of the following shall be allowed:

electrical and electronic equipment within the scope of [F12the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012].

4.Use of articles already in use in the Union before 25 August 2010 containing heptabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.]

Bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE)1163-19-5214-604-9

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of decaBDE equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

2.For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentrations of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the [F13Secretary of State] by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

[F143.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 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.]

[X14. The specific exemptions for spare parts for use in motor vehicles referred to in point 3(b)(ii) shall apply for the manufacturing and use of commercial decaBDE falling into one or more of the following categories:

(a)

powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors;

(b)

fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body;

(c)

pyrotechnical devices and applications affected by pyrotechnical devices such as airbag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side).

5.Use of articles already in use before 15 July 2019 in the Union containing decaBDE shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

6.Without prejudice to the application of other [F15retained EU law] on the classification, packaging and labelling of substances and mixtures, articles in which decaBDE is used shall be identifiable by labelling or other means throughout its life cycle.

[X17.The placing on the market and use of articles containing decaBDE imported for the purposes of the specific exemptions in point 3 shall be allowed until the expiry of those exemptions. Point 6 shall apply as if such articles were produced pursuant to the exemption in point 3. Such articles already in use by the date of expiry of the relevant exemption may continue to be used.]

8.For the purposes of this entry ‘aircraft’ means the following:

(a)

a civil aircraft produced in accordance with a type certificate issued under Regulation (EC) No 216/2008 of the European Parliament and of the Councilb or with a design approval issued under the national regulations of a contracting state of ICAO, or for which a certificate of airworthiness has been issued by an ICAO Contracting State under Annex 8 to the Convention on International Civil Aviation;

(b)

a military aircraft.

Perfluorooctane sulfonic acid and its derivatives (PFOS)

C8F17SO2X

(X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers)

1763-23-1

2795-39-3

29457-72-5

29081-56-9

70225-14-8

56773-42-3

251099-16-8

4151-50-2

31506-32-8

1691-99-2

24448-09-7

307-35-7 and others

217-179-8

220-527-1

249-644-6

249-415-0

274-460-8

260-375-3

223-980-3

250-665-8

216-887-4

246-262-1

206-200-6 and others

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOS equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances or in mixtures.

2.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOS in semi-finished products or articles, or parts thereof, if the concentration of PFOS is lower than 0,1 % by weight calculated with reference to the mass of structurally or micro-structurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is lower than 1 μg/m2 of the coated material.

3.Use of articles already in use in the Union before 25 August 2010 containing PFOS shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

[F164. If the quantity released into the environment is minimised, manufacturing and placing on the market shall be allowed until 7 September 2025 for use as mist suppressant for non-decorative hard chromium (VI) plating in closed loop systems. [F17Provided that where PFOS is used the competent authority reports to the appropriate authority] by 7 September 2024 on progress made to eliminate PFOS and justify the continuing need for this use, the [F18appropriate authority] shall review the need for a prolongation of the derogation for this use of PFOS for a maximum of five years by 7 September 2025.]

Where such a derogation concerns production or use in an installation within the scope of [F19the Permitting Regulations], the relevant best available techniques for the prevention and minimisation of emissions of PFOS F20... shall apply.

[F21As soon as new information on details of uses and safer alternative substances or technologies becomes available, the [F22appropriate authority] shall review the derogation in the second subparagraph so that:]

5.Once standards are adopted by the European Committee for Standardisation (CEN) they shall be used as the analytical test methods for demonstrating the conformity of substances, mixtures and articles to points 1 and 2. Any other analytical method for which the user can prove equivalent performance could be used as an alternative to the CEN standards.

DDT (1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane)50-29-3200-024-3—
Chlordane57-74-9200-349-0—
Hexachlorocyclohexanes, including lindane58-89-9200-401-2—
319-84-6206-270-8
319-85-7206-271-3
608-73-1210-168-9
Dieldrin60-57-1200-484-5—
Endrin72-20-8200-775-7—
Heptachlor76-44-8200-962-3—
Endosulfan

115-29-7

959-98-8

33213-65-9

204-079-4

1.Placing on the market and use of articles already in use before or on 10 July 2012 containing endosulfan shall be allowed.

2.Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

Hexachlorobenzene118-74-1204-273-9—
Chlordecone143-50-0205-601-3—
Aldrin309-00-2206-215-8—
Pentachlorobenzene608-93-5210-172-0—
Polychlorinated Biphenyls (PCB)1336-36-3 and others215-648-1 and others

Without prejudice to [F23the PCB Regulations], articles already in use at the time of the entry into force of this Regulation are allowed to be used.

[F24The appropriate authority] shall identify and remove from use equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) containing more than 0,005 % PCBs and volumes greater than 0,05 dm3, as soon as possible but no later than 31 December 2025.

Mirex2385-85-5219-196-6—
Toxaphene8001-35-2232-283-3—
Hexabromobiphenyl36355-01-8252-994-2—

[X1Hexabromocyclododecane]

‘Hexabromocyclododecane’ means: hexabromocyclododecane, 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers: alpha-hexabromocyclododecane; beta-hexabromocyclododecane; and gamma-hexabromocyclododecane

25637-99-4,

3194-55-6,

134237-50-6,

134237-51-7,

134237-52-8

247-148-4,

221-695-9

1.For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of hexabromocyclododecane equal to or below 100 mg/kg (0,01 % by weight) where it is present in substances, mixtures, articles or as constituents of the flame-retarded articlesF25....

2.Expanded polystyrene articles containing hexabromocyclododecane already in use in buildings before 21 February 2018 in accordance with Commission Regulation (EU) 2016/293c and Commission Implementing Decision No 2016/C 12/06d, and extruded polystyrene articles containing hexabromocyclododecane already in use in buildings before 23 June 2016 may continue to be used. Article 4(2), third and fourth subparagraphs shall apply to such articles.

3.Without prejudice to the application of other [F26retained EU law] on the classification, packaging and labelling of substances and mixtures, expanded polystyrene placed on the market after 23 March 2016 in which hexabromocyclododecane was used shall be identifiable by labelling or other means throughout its life cycle.

Hexachlorobutadiene87-68-3201-765-5

1.Placing on the market and use of articles already in use before or on 10 July 2012 containing hexachlorobutadiene shall be allowed.

2.Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

Pentachlorophenol and its salts and esters87-86-5 and others201-778-6 and others
Polychlorinated naphthalenese70776-03-3 and others274-864-4 and others

1.Placing on the market and use of articles already in use before or on 10 July 2012 containing polychlorinated naphthalenes shall be allowed.

2.Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

Alkanes C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)85535-84-8 and others287-476-5

1.By way of derogation, the manufacturing, placing on the market and use of substances or mixtures containing SCCPs in concentrations lower than 1 % by weight or articles containing SCCPs in concentrations lower than 0,15 % by weight shall be allowed.

2.Use shall be allowed in respect of:

(a)

conveyor belts in the mining industry and dam sealants containing SCCPs already in use before or on 4 December 2015; and

(b)

articles containing SCCPs other than those referred to in point (a) already in use before or on 10 July 2012.

3.The third and fourth subparagraphs of Article 4(2) shall apply to the articles referred to in point 2.

[F4Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds

‘Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds’ means the following:

(i)

perfluorooctanoic acid, including any of its branched isomers;

(ii)

its salts;

(iii)

PFOA-related compounds which, for the purposes of the Convention, are any substances that degrade to PFOA, including any substances (including salts and polymers) having a linear or branched perfluoroheptyl group with the moiety (C 7 F 15 )C as one of the structural elements.

The following compounds are not included as PFOA-related compounds:

(i)

C 8 F 17 -X, where X = F, Cl, Br;

(ii)

fluoropolymers that are covered by CF 3 [CF 2 ] n -R’, where R’=any group, n> 16;

(iii)

perfluoroalkyl carboxylic acids (including their salts, esters, halides and anhydrides) with ≥ 8 perfluorinated carbons;

(iv)

perfluoroalkane sulfonic acids and perfluoro phosphonic acids (including their salts, esters, halides and anhydrides) with ≥ 9 perfluorinated carbons;

(v)

perfluorooctane sulfonic acid and its derivatives (PFOS), as listed in this Annex.

335-67-1 and others 206-397-9 and others
1.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOA or any of its salts equal to or below 0,025 mg/kg (0,0000025 % by weight) where they are present in substances, mixtures or articles.

2.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of any individual PFOA-related compound or a combination of PFOA-related compounds equal to or below 1 mg/kg (0,0001 % by weight) where they are present in substances, mixtures or articles.

3.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOA-related compounds equal to or below 20 mg/kg (0,002 % by weight) where they are present in a substance to be used as a transported isolated intermediate within the meaning of Article 3 point 15(c) of Regulation (EC) No 1907/2006 and fulfilling the strictly controlled conditions set out in Article 18(4)(a) to (f) of that Regulation for the production of fluorochemicals with a carbon chain equal to or shorter than 6 atoms. This exemption shall be reviewed and assessed by the Commission no later than 5.7.2022.

4.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOA and its salts equal to or below 1 mg/kg (0,0001 % by weight) where they are present in polytetrafluoroethylene (PTFE) micropowders produced by ionising irradiation of up to 400 kilograys or by thermal degradation as well as in mixtures and articles for industrial and professional uses containing PTFE micropowders. All emissions of PFOA during the manufacture and use of PTFE micropowders shall be avoided and, if not possible, reduced as far as possible. This exemption shall be reviewed and assessed by the Commission no later than 5.7.2022.

5.

By way of derogation, the manufacturing, placing on the market and use of PFOA, its salts and PFOA-related compounds shall be allowed for the following purposes:

(a)

photolithography or etch processes in semiconductor manufacturing, until 4 July 2025;

(b)

photographic coatings applied to films, until 4 July 2025;

(c)

textiles for oil- and water-repellency for the protection of workers from dangerous liquids that comprise risks to their health and safety, until [F273 December 2025];

(d)

invasive and implantable medical devices, until 4 July 2025;

(e)

manufacture of polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF) for the production of:

(i)

high-performance, corrosion-resistant gas filter membranes, water filter membranes and membranes for medical textiles;

(ii)

industrial waste heat exchanger equipment,

(iii)

industrial sealants capable of preventing leakage of volatile organic compounds and PM2.5 particulates;

until 4 July 2023.

6.

By way of derogation, the use of PFOA, its salts and PFOA-related compounds shall be allowed in fire-fighting foam for liquid fuel vapour suppression and liquid fuel fire (Class B fires) already installed in systems, including both mobile and fixed systems, until 4 July 2025, subject to the following conditions:

(a)

fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall not be used for training;

(b)

fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall not be used for testing unless all releases are contained;

(c)

as from 1 January 2023, uses of fire-fighting foam that contains or may contain PFOA, its salts and/or PFOA-related compounds shall only be allowed in sites where all releases can be contained;

(d)

fire-fighting foam stockpiles that contain or may contain PFOA, its salts and/or PFOA-related compounds shall be managed in accordance with Article 5.

7.

By way of derogation, the use of perfluooroctyl bromide containing perfluoroctyl iodide for the purpose of producing pharmaceutical products shall be allowed, subject to review and assessment by the [F28appropriate authority] by 31 December 2026, every four years thereafter and by 31 December 2036.

8.

Use of articles already in use in the Union before 4 July 2020 containing PFOA, its salts and/or PFOA-related compounds shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

9.

[X2By way of derogation, the manufacturing, placing on the market and use of PFOA, its salts and PFOA-related compounds shall be allowed until 3 December 2020 for the following purposes:]

(a)

medical devices other than implantable ones, within the scope of Regulation (EU) 2017/745f;

(b)

latex printing inks;

(c)

plasma nano-coatings.]

[F29Dicofol 115-32-2 204-082-0 None]]

Editorial Information

Textual Amendments

Part B U.K. Substances listed only in the Protocol

SubstanceCAS NoEC NoSpecific exemption on intermediate use or other specification

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources