These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) partly in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b) and (g)) arising from the withdrawal of the United Kingdom from the European Union.
Regulation 2(2)(a) reinstates with modifications point 3 in the entry for bis(pentabromophenyl) ether (decabromodiphenyl ether; decaBDE in Part A of Annex 1 of Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) (“Part A of Annex 1 to the EU Regulation”). Point 3 contains a set of exemptions relating to that substance. This corrects an error in the Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358), which mistakenly omitted point 3.
Regulation 2(2)(b) corrects the entry for perfluorooctane sulfonic acid and its derivatives (PFOS) C8F17SO2X in Part A of Annex 1 to the EU Regulation which confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it.
Regulation 2(2)(c) corrects the entry for perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds Part A of Annex 1 to the EU Regulation which also confers functions on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom or any part of it.
Regulation 3 amends the Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1358). This amendment omits amending provisions which referred in error to words in a provision in Part A of Annex 1 to the EU Regulation which were not actually contained in that provision.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.