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)

Changes over time for: Regulation (EU) 2019/1021 of the European Parliament and of the Council (without Annexes)

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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.

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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)
Annex 5 Pt. 2 Note (1) omitted by S.I. 2019/1340 reg. 24(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 5 Pt. 2 Note (2) omitted by S.I. 2019/1340 reg. 24(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 5 Pt. 2 Note (4) omitted by S.I. 2019/1340 reg. 24(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 5 Pt. 2 Note (6) omitted by S.I. 2019/1340 reg. 24(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 5 Pt. 2 Note (7) omitted by S.I. 2019/1340 reg. 24(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 5 Pt. 1 words inserted by S.I. 2019/1340 reg. 24(2)(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 5 Pt. 2 Note (8) words inserted by S.I. 2019/1340 reg. 24(4)(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 5 Pt. 2 words substituted by S.I. 2019/1340 reg. 24(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.)
Annex 5 Pt. 2 Note (8) words substituted by S.I. 2019/1340 reg. 24(4)(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 5 Pt. 1 Table words substituted by S.I. 2019/1340 reg. 24(2)(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 4 Table words omitted by S.I. 2019/1340 reg. 23(2)(a)(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 4 Table words omitted by S.I. 2019/1340 reg. 23(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.)
Annex 4 Table words substituted by S.I. 2019/1340 reg. 23(2)(a)(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 4 Table words substituted by S.I. 2019/1340 reg. 23(2)(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.)
Art. 1 words omitted by S.I. 2019/1340 reg. 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. 2A-2C inserted by S.I. 2019/1340 reg. 5 (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. 3(3) words substituted by S.I. 2019/1340 reg. 6(2)(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.)
Art. 3(3) words substituted by S.I. 2019/1340 reg. 6(2)(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.)
Art. 3(4) substituted by S.I. 2019/1340 reg. 6(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. 3(5) omitted by S.I. 2019/1340 reg. 6(4) (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. 4(2) words substituted by S.I. 2019/1340 reg. 7(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. 4(3)-(3C) substituted for Art. 4(3) by S.I. 2019/1340 reg. 7(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. 5(2) words inserted by S.I. 2019/1340 reg. 8(2)(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.)
Art. 5(2) words omitted by S.I. 2019/1340 reg. 8(2)(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.)
Art. 5(2) words substituted by S.I. 2019/1340 reg. 8(2)(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.)
Art. 5(3) words substituted by S.I. 2019/1340 reg. 8(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. 6 substituted by S.I. 2019/1340 reg. 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.)
Art. 7(2) words substituted by S.I. 2019/1340 reg. 10(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. 7(4)(a) words substituted by S.I. 2019/1340 reg. 10(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.)
Art. 7(4)(b) words substituted by S.I. 2019/1340 reg. 10(3)(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.)
Art. 7(5)-(15) substituted for Art. 7(5)(6) by S.I. 2019/1340 reg. 10(4) (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. 8 9 substituted by S.I. 2019/1340 reg. 11 (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. 10(1) words substituted by S.I. 2019/1340 reg. 12(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. 10(2) words substituted by S.I. 2019/1340 reg. 12(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.)
Art. 10(2) words substituted by S.I. 2019/1340 reg. 12(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.)
Art. 11(1) words substituted by S.I. 2019/1340 reg. 13(2)(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.)
Art. 11(1) words substituted by S.I. 2019/1340 reg. 13(2)(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.)
Art. 11(2) words substituted by S.I. 2019/1340 reg. 13(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. 11(3) substituted by S.I. 2019/1340 reg. 13(4) (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. 12 word substituted for comma by S.I. 2019/1340 reg. 14(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.)
Art. 12 words omitted by S.I. 2019/1340 reg. 14(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.)
Art. 12 words substituted by S.I. 2019/1340 reg. 14(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. 13 substituted by S.I. 2019/1340 reg. 15 (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. 14 omitted by S.I. 2019/1340 reg. 16 (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. 15(1) substituted by S.I. 2019/1340 reg. 17(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. 15(2) words substituted by S.I. 2019/1340 reg. 17(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. 16 omitted by S.I. 2019/1340 reg. 18 (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. 17 omitted by S.I. 2019/1340 reg. 18 (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. 18 substituted by S.I. 2019/1340 reg. 19 (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. 19 omitted by S.I. 2019/1340 reg. 20 (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. 20 omitted by S.I. 2019/1340 reg. 20 (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.)

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.)

Article 1U.K.Objective and subject matter

Taking into account, in particular, the precautionary principle, the objective of this Regulation is to protect human health and the environment from POPs by prohibiting, phasing out as soon as possible, or restricting the manufacturing, placing on the market and use of substances subject to the Stockholm Convention on Persistent Organic Pollutants, hereinafter ‘the Convention’, or the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, hereinafter ‘the Protocol’, by minimising, with a view to eliminating where feasible as soon as possible, releases of such substances, and by establishing provisions regarding waste consisting of, containing or contaminated by any of those substances.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Art. 1 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 7

Article 2U.K.Definitions

For the purposes of this Regulation:

(1)

‘placing on the market’ means placing on the market as defined in point 12 of Article 3 of Regulation (EC) No 1907/2006;

(2)

‘article’ means article as defined in point 3 of Article 3 of Regulation (EC) No 1907/2006;

(3)

‘substance’ means substance as defined in point 1 of Article 3 of Regulation (EC) No 1907/2006;

(4)

‘mixture’ means mixture as defined in point 2 of Article 3 of Regulation (EC) No 1907/2006;

(5)

‘manufacturing’ means manufacturing as defined in point 8 of Article 3 of Regulation (EC) No 1907/2006;

(6)

‘use’ means use as defined in point 24 of Article 3 of Regulation (EC) No 1907/2006;

(7)

‘import’ means import as defined in point 10 of Article 3 of Regulation (EC) No 1907/2006;

(8)

‘waste’ means waste as defined in point 1 of Article 3 of Directive 2008/98/EC [F2, as read with Articles 5 and 6 of that Directive];

(9)

‘disposal’ means disposal as defined in point 19 of Article 3 of Directive 2008/98/EC ;

(10)

‘recovery’ means recovery as defined in point 15 of Article 3 of Directive 2008/98/EC;

(11)

‘closed-system site-limited intermediate’ means a substance that is manufactured for, and consumed in or used for chemical processing in order to be transformed into another substance (‘synthesis’) and where the manufacture of the intermediate and the synthesis of one or more other substances from that intermediate take place on the same site, by one or more legal entities, under strictly controlled conditions in that it is rigorously contained by technical means during its whole life cycle;

(12)

‘unintentional trace contaminant’ means a level of a substance that is incidentally present in a minimal amount, below which the substance cannot be meaningfully used, and above the detection limit of existing detection methods to enable control and enforcement;

(13)

‘stockpile’ means substances, mixtures or articles accumulated by the holder that consist of or contain any substance listed in Annex I or II.

(14)

[F3‘DAERA’ means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

(15)

‘NRW’ means the Natural Resources Body for Wales;

(16)

‘PCB Regulations’ means—

(a)

in relation to England and Wales, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000;

(b)

in relation to Scotland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000;

(17)

‘Permitting Regulations’ means—

(a)

in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;

(b)

in relation to Scotland, the Pollution Prevention and Control (Scotland) Regulations 2012;

(18)

‘SEPA’ means the Scottish Environment Protection Agency;

(19)

‘third country’ means a country other than the United Kingdom.]

Textual Amendments

F2Words in Art. 2(8) inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 8(2)

F3Art. 2(14)-(19) inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 8(3)

[F4Article 2AU.K.Appropriate authority

For the purposes of this Regulation, “appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Scotland—

(i)

the Scottish Ministers; or

(ii)

where the Scottish Ministers consent, the Secretary of State;

(c)

in relation to Wales—

(i)

the Welsh Ministers; or

(ii)

where the Welsh Ministers consent, the Secretary of State.

Textual Amendments

F4Arts. 2A-2C inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 9

Article 2BU.K.Competent authority

For the purposes of this Regulation, “competent authority” means (except in Article 8)—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Scotland, SEPA;

(c)

in relation to Wales, NRW.

Textual Amendments

F4Arts. 2A-2C inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 9

Article 2CU.K.References to Directive 2008/98/EC

1.For the purposes of this Regulation, “Directive 2008/98/EC” means Directive 2008/98/EC as last amended by Directive (EU) 2018/851 and read in accordance with paragraphs 2 and 3.

2.Article 5 of Directive 2008/98/EC is to be read as if—

(a)in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object is a by-product must be made—

(a)in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b)having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c)paragraphs 2 and 3 were omitted.

3.Article 6 of Directive 2008/98/EC is to be read as if—

(a)in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object has ceased to be waste must be made—

(a)in accordance with any regulations or retained direct EU legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)having regard to any guidance published by the appropriate authority or the competent authority for the purposes of this Article.”;

(c)in paragraph 2—

(i)the first subparagraph were omitted;

(ii)in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)the third and fourth subparagraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4—

(i)in the first subparagraph—

(aa)in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set as referred to in paragraph 1A(a), the competent authority”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

(aa)for “Member States” there were substituted “The appropriate authority”;

(bb)“by competent authorities” were omitted.]

Textual Amendments

F4Arts. 2A-2C inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 9

Article 3U.K.Control of manufacturing, placing on the market and use, and the listing of substances

1.The manufacturing, placing on the market and use of substances listed in Annex I, whether on their own, in mixtures or in articles, shall be prohibited, subject to Article 4.

2.The manufacturing, placing on the market and use of substances listed in Annex II, whether on their own, in mixtures or in articles, shall be restricted, subject to Article 4.

3.[F5The appropriate authority] shall, within the assessment and authorisation schemes for existing and new substances under the relevant [F6retained EU law], take into consideration the criteria set out in paragraph 1 of Annex D to the Convention and take appropriate measures to control existing substances and prevent the manufacturing, placing on the market and use of new substances, which exhibit characteristics of POPs.

F74.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F75.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.Waste consisting of, containing or contaminated by any substance listed in Annex IV is regulated by Article 7.

Textual Amendments

F5Words in Art. 3(3) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 10(2)(a)

F6Words in Art. 3(3) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 10(2)(b)

F7Art. 3(4)(5) omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 10(3)

Article 4U.K.Exemptions from control measures

1.Article 3 shall not apply in the case of:

(a)a substance used for laboratory-scale research or as a reference standard;

(b)a substance present as an unintentional trace contaminant, as specified in the relevant entries of Annex I or II, in substances, mixtures or articles.

2.For a substance added to Annex I or II after 15 July 2019, Article 3 shall not apply for a six-month period if that substance is present in articles produced before or on the date that this Regulation becomes applicable to that substance.

Article 3 shall not apply in the case of a substance present in articles already in use before or on the date that this Regulation or Regulation (EC) No 850/2004 became applicable to that substance, whichever date came first.

[F8Immediately upon becoming aware of articles referred to in the first and second subparagraphs, the competent authority shall inform the Secretary of State and—

where the competent authority is SEPA, the Scottish Ministers;

where the competent authority is NRW, the Welsh Ministers.

Whenever the Secretary of State is so informed or otherwise learns of such articles, the Secretary of State shall, where appropriate, notify the Secretariat of the Convention accordingly without further delay.]

[F93.Where a substance is listed in Part A of Annex 1 or in Part A of Annex 2 and a competent authority wishes to permit, until the deadline specified in the relevant Annex, the manufacturing and use of that substance as a closed-system site-limited intermediate, that competent authority shall notify the Secretary of State, who shall in turn notify the Secretariat of the Convention.

3A.The notification by the Secretary of State to the Secretariat of the Convention may be made only if the following conditions are satisfied:

(a)an annotation has, following the request of a competent authority or on the appropriate authority’s own initiative, been entered in the relevant Annex in accordance with paragraph 3C;

(b)the manufacturer has demonstrated to the competent authority that the manufacturing process will transform the substance into one or more other substances that do not exhibit the characteristics of a POP, ensuring that it is rigorously contained by technical means during its whole lifecycle;

(c)the manufacturer has demonstrated to the competent authority that the substance is a closed-system site-limited intermediate within the meaning of Article 2(11) and that it is not expected that either humans or the environment will be exposed to any significant quantities of the substance during its production and use; and

(d)the manufacturer has informed the competent authority of the details of actual or estimated total manufacturing and use of the substance concerned and the nature of the closed-system site-limited process, specifying the amount of any non-transformed and unintentional trace contamination by any POP starting material in the final substance, mixture or article.

3B.Within one month of submission of the notification to the Secretariat of the Convention, the Secretary of State shall communicate the notification to DAERA, the Scottish Ministers and the Welsh Ministers.

3C.The appropriate authority may by regulations—

(a)amend Annex 1 or 2 by entering annotations expressly to the effect that manufacturing and use, as a closed-system site-limited intermediate, of a substance listed in Part A of the relevant Annex may be permitted; and

(b)amend the deadlines in such annotations in cases where, following a repeat notification by the Secretary of State to the Secretariat of the Convention, express or tacit consent is issued under the Convention for the continued manufacturing and use of the substance for another period.]

4.Waste consisting of, containing or contaminated by any substance listed in Annex IV is regulated by Article 7.

Textual Amendments

F8Words in Art. 4(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 11(2)

F9Art. 4(3)-(3C) substituted for Art. 4(3) (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 11(3)

Article 5U.K.Stockpiles

1.The holder of a stockpile, which consists of or contains any substance listed in Annex I or II, for which no use is permitted, shall manage that stockpile as waste and in accordance with Article 7.

2.The holder of a stockpile greater than 50 kg, consisting of or containing any substance listed in Annex I or II, and the use of which is permitted shall provide the competent authority F10... with information concerning the nature and size of that stockpile. Such information shall be provided within 12 months of the date that this Regulation or Regulation (EC) No 850/2004 became applicable to that substance, whichever date came first for the holder, and of relevant amendments to Annex I or II and annually thereafter until the deadline specified in Annex I or II for restricted use.

The holder shall manage the stockpile in a safe, efficient and environmentally sound manner, in accordance with the thresholds and requirements [F11set out in the COMAH Regulations 2015] and taking all adequate steps to ensure that the stockpile is managed in a manner that will protect human health and the environment.

[F12In the second subparagraph, “COMAH Regulations 2015” means the Control of Major Accident Hazards Regulations 2015.]

3.[F13The competent authority] shall monitor the use and management of notified stockpiles.

Textual Amendments

F10Words in Art. 5(2) omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 12(2)(a)

F11Words in Art. 5(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 12(2)(b)

F12Words in Art. 5(2) inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 12(2)(c)

F13Words in Art. 5(3) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 12(3)

[F14Article 6U.K.Release reduction, minimisation and elimination

1.The Secretary of State must maintain the inventory relating to the United Kingdom which was drawn up in accordance with Regulation (EC) No 850/2004 for the substances listed in Annex 3 to this Regulation released into air, water and land in accordance with the United Kingdom’s obligations under the Convention and the Protocol.

2.The Secretary of State must review and update the United Kingdom’s action plan on measures to identify, characterise and minimise, with a view to eliminating where feasible as soon as possible, the total releases of substances listed in Annex 3, in accordance with Article 7(1)(c) of the Convention.

3.The relevant authority must, when considering proposals to construct new facilities or to significantly modify existing facilities using processes that release chemicals listed in Annex 3, give priority consideration to alternative processes, techniques or practices that have similar usefulness but which avoid the formation and release of substances listed in Annex 3.

This does not limit the effect of the Permitting Regulations.

4.In paragraph 3, “relevant authority” means—

(a)in relation to England and Wales, the authority responsible for discharging functions in accordance with regulation 32 of the Environmental Permitting (England and Wales) Regulations 2016;

(b)in relation to Scotland, SEPA.]

Textual Amendments

F14Art. 6 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 13

Article 7U.K.Waste management

1.Producers and holders of waste shall undertake all reasonable efforts to avoid, where feasible, contamination of this waste with substances listed in Annex IV.

2.Notwithstanding [F15the PCB Regulations], waste consisting of, containing or contaminated by any substance listed in Annex IV to this Regulation shall be disposed of or recovered, without undue delay and in accordance with Part 1 of Annex V to this Regulation, in such a way as to ensure that the POP content is destroyed or irreversibly transformed so that the remaining waste and releases do not exhibit the characteristics of POPs.

In carrying out such a disposal or recovery, any substance listed in Annex IV may be isolated from the waste, provided that this substance is subsequently disposed of in accordance with the first subparagraph.

3.Disposal or recovery operations that may lead to recovery, recycling, reclamation or re-use on their own of the substances listed in Annex IV shall be prohibited.

4.By way of derogation from paragraph 2:

(a)waste containing or contaminated by any substance listed in Annex IV may be otherwise disposed of or recovered in accordance with the relevant [F16retained EU law], provided that the content of the listed substances in the waste is below the concentration limits specified in Annex IV;

(b)[F17a competent authority] may, in exceptional cases, allow wastes listed in Part 2 of Annex V containing or contaminated by a substance listed in Annex IV up to concentration limits specified in Part 2 of Annex V to be otherwise dealt with in accordance with a method listed in Part 2 of Annex V, provided that the following conditions are fulfilled:

(i)

the holder concerned has demonstrated to the satisfaction of the competent authority F18... that decontamination of the waste in relation to substances listed in Annex IV was not feasible, and that destruction or irreversible transformation of the POP content, performed in accordance with best environmental practice or best available techniques, does not represent the environmentally preferable option and the competent authority has subsequently authorised the alternative operation;

(ii)

the holder concerned has provided information on the POP content of the waste to the competent authority;

(iii)

the operation is in accordance with relevant [F19retained EU law] and with the conditions laid down in relevant additional measures referred to in paragraph 5;

(iv)

[F20the competent authority has informed the Secretary of State, the Welsh Ministers and the Scottish Ministers of its authorisation and the reasons for it.]

[F215.The appropriate authority may by regulations specify the format of the information to be submitted by the competent authority in accordance with paragraph 4(b)(iv), (v) or (vi) (as the case may be).

6.The appropriate authority may by regulations amend Annex 4 or 5 for the purposes set out in Article 15(2).

Before making regulations under this paragraph, the appropriate authority shall take into consideration any relevant technical developments or international guidelines or decisions and any relevant authorisations granted by the competent authority.

7.The appropriate authority shall take the necessary measures to ensure the control and traceability of waste containing or contaminated by a substance listed in Annex 4 to this Regulation (“relevant waste”); and the appropriate authority may by regulations make such provision as the appropriate authority considers appropriate for that purpose.

8.In paragraph 7, the reference to measures to ensure the control and traceability of relevant waste is a reference to measures—

(a)to ensure that the production, collection, transportation, storage and treatment of relevant waste are carried out under conditions providing protection for the environment and human health;

(b)to ensure the traceability and control of relevant waste from its production to its final destination in accordance with paragraph 10; and

(c)to prohibit the abandonment, dumping or uncontrolled management of relevant waste.

9.In paragraph 8(a), the reference to conditions providing protection for the environment and human health is a reference to ensuring that waste management is carried out without endangering human health, without harming the environment and, in particular—

(a)without risk to water, air, soil, plants or animals;

(b)without causing a nuisance through noise or odours; and

(c)without adversely affecting the countryside or places of special interest.

10.Measures are in accordance with this paragraph if they ensure that establishments and undertakings within the scope of the Permitting Regulations, producers of relevant waste, and the establishments and undertakings which collect or transport relevant waste on a professional basis, or act as dealers and brokers of relevant waste—

(a)keep a chronological record of—

(i)the quantity, nature and origin of that waste and the quantity of products and materials resulting from preparing that waste for re-use, recycling or other recovery operation; and

(ii)where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste;

(b)make that data available, on request, to the competent authority through any electronic registry established for the reporting of the data or, if no such registry is in operation, in such form and manner as the regulator may specify;

(c)keep the records for at least three years, except in the case of establishments and undertakings transporting relevant waste which shall keep such records for at least 12 months;

(d)where relevant, supply documentary evidence that the activity in question has been carried out at the request of the competent authority or of a previous holder.

11.Regulations under paragraph 7 may create criminal offences.

12.Regulations may provide for an offence under the regulations to be triable—

(a)only summarily; or

(b)either summarily or on indictment.

13.But regulations under paragraph 7 may not create an offence for which an individual who has reached the age of 18 (or, in relation to Scotland, 21) is capable of being sentenced to imprisonment for a term of more than 2 years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions).

14.No regulations may be made under paragraph 7 on or after 31st October 2023.

15.In this Article—

(a)“broker” means broker as defined in point 8 of Article 3 of Directive 2008/98/EC;

(b)“collection” means collection as defined in point 10 of Article 3 of Directive 2008/98/EC;

(c)“dealer” means dealer as defined in point 7 of Article 3 of Directive 2008/98/EC;

(d)“establishment” has the same meaning as in Article 23(1) of Directive 2008/98/EC;

(e)“treatment” means treatment as defined in point 14 of Article 3 of Directive 2008/98/EC;

(f)“undertaking” has the same meaning as in Article 23(1) of Directive 2008/98/EC;

(g)“waste management” means waste management as defined in point 9 of Article 3 of Directive 2008/98/EC.]

Textual Amendments

F15Words in Art. 7(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(2)

F16Words in Art. 7(4)(a) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(a)

F17Words in Art. 7(4)(b) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(i)

F18Words in Art. 7(4)(b)(i) omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(ii)

F19Words in Art. 7(4)(b)(iii) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(iii)

F20Art. 7(4)(b)(iv) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(3)(b)(iv)

F21Art. 7(5)-(15) substituted for Art. 7(5)(6) (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 14(4)

[F22Article 8U.K.Technical and scientific support

1.The Secretary of State, the Scottish Ministers or the Welsh Ministers may ask the relevant competent authority to provide technical and scientific support in order to ensure the effective implementation of this Regulation.

2.The relevant competent authority must comply with any request under paragraph 1.

3.In paragraphs 1 and 2, “relevant competent authority” means—

(a)in relation to a request by the Secretary of State, the Environment Agency;

(b)in relation to a request by the Scottish Ministers, SEPA;

(c)in relation to a request by the Welsh Ministers, NRW.

4.Paragraphs 5 to 7 apply where the Secretary of State is considering submitting a proposal, on behalf of the United Kingdom, to list a substance in accordance with Article 8(1) of the Convention.

5.The Environment Agency must provide technical and scientific support to the Secretary of State, taking into account, as appropriate, results from existing assessment schemes referred to in Article 3(3).

6.The Secretary of State must—

(a)publish a notice relating to the proposal on an appropriate website;

(b)invite all interested parties to submit comments about the notice within eight weeks; and

(c)publish any comments on the website.

7.Following that, the Secretary of State may ask the Environment Agency to prepare documents in support of the proposal, and the Environment Agency must comply with that request.

8.Paragraphs 9 to 11 apply where the Persistent Organic Pollutants Review Committee has made available for comment a draft risk profile on a substance in accordance with Article 8(6) of the Convention.

9.The Secretary of State must—

(a)publish the draft risk profile, or a link to the draft risk profile, on an appropriate website;

(b)invite all interested parties to submit comments about it within eight weeks; and

(c)publish any comments on the website.

10.If, subsequently, in relation to the substance, the Persistent Organic Pollutants Review Committee invites Parties to the Convention to submit further information relating to the considerations specified in Annex F to the Convention, in accordance with Article 8(7) of the Convention, the Secretary of State must carry out the actions in paragraph 11.

11.The actions are—

(a)to use an appropriate website to invite all interested parties to submit comments relating to the considerations specified in Annex F to the Convention; and

(b)to publish any comments on the website.

12.The Environment Agency must, generally, provide the Secretary of State with technical and scientific support in implementing and further developing the Convention, in particular with respect to the Persistent Organic Pollutants Review Committee.

13.The Environment Agency may, at any time, advise the Secretary of State to consider submitting a proposal to list a substance in accordance with Article 8(1) of the Convention or Article 14 of the Protocol, taking into account, as appropriate, results from existing assessment schemes referred to in Article 3(3).

14.Where the Environment Agency is to provide support to the Secretary of State under this Regulation, it may ask DAERA, NRW or SEPA for assistance with providing that support in relation to Northern Ireland, Wales or Scotland respectively.

15.DAERA, NRW or SEPA (as the case may be) must so far as possible comply with any request under paragraph 14.

16.Where the Environment Agency is to provide support to the Secretary of State under this Regulation, DAERA, NRW or SEPA may (despite not having been asked to do so under paragraph 14) provide it with advice relating to that support in relation to Northern Ireland, Wales or Scotland respectively.

17.The Environment Agency must have regard to any advice given under paragraphs 14 to 16 in the provision of its support to the Secretary of State.

18.In this Article, “Persistent Organic Pollutants Review Committee” has the same meaning as in Article 8(2) of the Convention.]

Textual Amendments

F22Arts. 8, 9 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 15

[F22Article 9U.K.Implementation plans

1.When reviewing and updating the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the Secretary of State must consult the public.

2.As soon as the Secretary of State has updated the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the Secretary of State must make it publicly available.

3.If the Secretary of State reviews or updates the implementation plan for the United Kingdom in accordance with Article 7(1)(c) of the Convention, the competent authority or, in relation to Northern Ireland, DAERA, must support the Secretary of State as appropriate.]

Textual Amendments

F22Arts. 8, 9 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 15

Article 10U.K.Monitoring

1.The [F23appropriate authority, with the support of the competent authority,] shall establish or maintain, as appropriate, in close cooperation, appropriate programmes and mechanisms, consistent with the state of the art, for the regular provision of comparable monitoring data on the presence of substances as listed in Part A of Annex III in the environment. When establishing or maintaining such programmes and mechanisms, due account shall be taken of developments under the Protocol and the Convention.

2.The [F24appropriate authority] shall regularly assess the possible need for the mandatory monitoring of a substance listed in Part B of Annex III. In the light of such an assessment and any data made available to it by [F25the competent authority, the appropriate authority may by regulations] amend Annex III in order to move, where appropriate, a substance from Part B of Annex III to Part A thereof.

Textual Amendments

F23Words in Art. 10(1) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 16(2)

F24Words in Art. 10(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 16(3)(a)

F25Words in Art. 10(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 16(3)(b)

Article 11U.K.Information exchange

1.The [F26Secretary of State] shall facilitate and undertake the exchange within the [F27United Kingdom] and with third countries of information relevant to the reduction, minimisation or elimination, where feasible, of the manufacturing, use and release of POPs and to alternatives to those substances, specifying the risks and the economic and social costs related to such alternatives.

2.The [F28appropriate authority and the competent authority], as appropriate, shall promote and facilitate with regard to POPs:

(a)awareness programmes, including relating to their health and environmental effects and their alternatives and on the reduction or elimination of their manufacture, use and release, especially for:

(i)

policy- and decision-makers;

(ii)

particularly vulnerable groups;

(b)the provision of public information;

(c)training, including workers, scientists, educators and technical and managerial personnel.

[F293.Information on the health and safety of humans and the environment shall not be regarded as confidential.

This does not limit the effect of—

(a)in relation to England, Northern Ireland and Wales, the Environmental Information Regulations 2004;

(b)in relation to Scotland, the Environment Information (Scotland) Regulations 2004.]

Textual Amendments

F26Words in Art. 11(1) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 17(2)(a)

F27Words in Art. 11(1) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 17(2)(b)

F28Words in Art. 11(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 17(3)

F29Art. 11(3) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 17(4)

Article 12U.K.Technical assistance

In accordance with Articles 12 and 13 of the Convention, the [F30Secretary of State must cooperate with other Parties to the Convention] in providing appropriate and timely technical and financial assistance to developing countries and countries with economies in transition to assist them, upon request and within available resources and taking into account their particular needs, to develop and strengthen their capacity to fully implement their obligations under the Convention. Such support may also be channelled through regional centres, as identified under the Convention, [F31or] non-governmental organisations F32....

Textual Amendments

F30Words in Art. 12 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 18(2)

F31Word in Art. 12 inserted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 18(3)(a)

F32Words in Art. 12 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 18(3)(b)

[F33Article 13U.K.Reporting within the United Kingdom

1.The competent authority and, in relation to Northern Ireland, DAERA must provide the Secretary of State with—

(a)for 2021, and each subsequent calendar year, statistical data on the actual or estimated total production and placing on the market of any substance listed in Annex 1 or 2; and

(b)for the 3-year period ending with 31st December 2021, and each subsequent 3-year period (each “reporting period”)—

(i)information on infringements and penalties; and

(ii)summary information compiled from the notifications, concerning stockpiles, received pursuant to Article 5(2).

2.The competent authority and, in relation to Northern Ireland, DAERA, must provide information to the Secretary of State under paragraph 1 promptly after the end of the calendar year or reporting period in question.

3.The Secretary of State must develop a common format for the submission of information under paragraph 1.

4.The Secretary of State must, for each reporting period—

(a)compile information on the application of this Regulation, including information on enforcement activities, infringements and penalties;

(b)integrate that information with—

(i)the information available in the context of the United Kingdom Pollutant Release and Transfer Register established under Regulation (EC) No 166/2006;

(ii)the information referred to in paragraph 1;

(iii)summary information from the release inventories drawn up pursuant to Article 6(1);

(iv)summary information on the presence in the environment of the dioxins, furans and Polychlorinated Biphenyls referred to in Annex 3; and

(v)information on the use of derogations under Article 7(4); and

(c)prepare a report from the integrated information referred to in point (b).

5.The Secretary of State must prepare the report referred to in paragraph 4(c) within a reasonable period following the end of the reporting period in question.

6.The Secretary of State must then promptly publish a summary of the report, in a manner which the Secretary of State considers appropriate.

7.The Secretary of State must give the competent authority and DAERA access to any information contained in any report prepared in accordance with paragraph 4(c).]

Textual Amendments

F33Art. 13 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 19

F34Article 14U.K.Penalties

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34Art. 14 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 20

Article 15U.K.Amendment of Annexes

[F351.The appropriate authority may by regulations amend Annex 1, 2 or 3 in order to adapt them to changes to the list of substances set out in the Annexes to the Convention or the Protocol or to modify existing entries or provisions in Annex 1 or 2 in order to adapt them to scientific and technical progress.]

2.The [F36appropriate authority] shall keep Annexes IV and V under constant review and shall, where appropriate, make legislative proposals to amend these Annexes in order to adapt them to the changes to the list of substances set out in the Annexes to the Convention or the Protocol or to modify existing entries or provisions in the Annexes to this Regulation in order to adapt them to scientific and technical progress.

Textual Amendments

F35Art. 15(1) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 21(2)

F36Words in Art. 15(2) substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 21(3)

F37Article 16U.K.The budget of the Agency

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37Art. 16 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 22

F38Article 17U.K.Formats and software for publication or notification of information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38Art. 17 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 22

[F39Article 18U.K.Regulations

1.Regulations made under this Regulation may—

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)make different provision for different purposes.

2.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

3.For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

4.A statutory instrument containing regulations made by the Secretary of State under this Regulation which include (whether alone or with other provision) a specified provision may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

5.Any other statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

6.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation which include (whether alone or with other provision) a specified provision may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

7.Any other statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of Senedd Cymru.

8.Regulations made by the Scottish Ministers under this Regulation are—

(a)if they include (whether alone or with other provision) a specified provision, subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010);

(b)otherwise, subject to the negative procedure (see section 28 of that Act).

9.In this Article, “specified provision” means a provision which—

(a)amends or repeals any provision of an Act, an Act of the Scottish Parliament, or a Measure or Act of Senedd Cymru; or

(b)creates a new offence or widens the scope of an offence.]

Textual Amendments

F39Art. 18 substituted (31.12.2020) by The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 23

F40Article 19U.K.Competent authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40Art. 19 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 24

F41Article 20U.K.Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Art. 20 omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 24

Article 21U.K.Repeal

Regulation (EC) No 850/2004 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VII.

Article 22U.K.Entry into force

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

F42...

Textual Amendments

F42Words in Signature omitted (31.12.2020) by virtue of The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), regs. 2(2), 25

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

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Article 1U.K.Objective and subject matter

Article 2U.K.Definitions

[F4Article 2AU.K.Appropriate authority

Article 2BU.K.Competent authority

Article 2CU.K.References to Directive 2008/98/EC

“1A.

“1A.

Article 3U.K.Control of manufacturing, placing on the market and use, and the listing of substances

Article 4U.K.Exemptions from control measures

Article 5U.K.Stockpiles

[F14Article 6U.K.Release reduction, minimisation and elimination

Article 7U.K.Waste management

[F22Article 8U.K.Technical and scientific support

[F22Article 9U.K.Implementation plans

Article 10U.K.Monitoring

Article 11U.K.Information exchange

Article 12U.K.Technical assistance

[F33Article 13U.K.Reporting within the United Kingdom

F34Article 14U.K.Penalties

Article 15U.K.Amendment of Annexes

F37Article 16U.K.The budget of the Agency

F38Article 17U.K.Formats and software for publication or notification of information

[F39Article 18U.K.Regulations

F40Article 19U.K.Competent authorities

F41Article 20U.K.Committee procedure

Article 21U.K.Repeal

Article 22U.K.Entry into force

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