The Persistent Organic Pollutants (Various Amendments) Regulations 2019

Made: 12.45 p.m. on 9th July 2019

Laid before Parliament: 4.30 p.m. on 9th July 2019

Coming into force in accordance with regulation 2

These Regulations make provision for a purpose mentioned in section 2(2) of the ECA 1972 and it appears to the Secretary of State that it is expedient for certain references to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast)[^f00003] to be construed as references to that Regulation as amended from time to time.

Citation

1

These Regulations may be cited as the Persistent Organic Pollutants (Various Amendments) Regulations 2019.

Commencement

2

• (1) Regulations 1, 2 and 5 come into force on 15th July 2019.

• (2) Regulations 3 and 4 come into force on 12th August 2019.

Amendment to the Environment Act 1995

3

In section 41(1)(e) of the Environment Act 1995[^f00004], for the words from “Regulation” to “Directive 79/117/EEC” substitute “Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast)”.

Amendment to the Hazardous Waste (England and Wales) Regulations 2005

4

For Schedule 8 to the Hazardous Waste (England and Wales) Regulations 2005[^f00005], substitute the new Schedule 8 set out in the Schedule to these Regulations.

Amendments to the Persistent Organic Pollutants Regulations 2007

5

In the Persistent Organic Pollutants Regulations 2007[^f00006]—

• (a) for regulation 2 substitute—

(2) In these Regulations, “Regulation (EU) 2019/1021” means Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast), as amended from time to time.

• (b) in regulation 3(1), for “Regulation (EC) No. 850/2004” substitute “Regulation (EU) 2019/1021”;

• (c) in regulation 4(1)—

• (i) in the words before sub-paragraph (a), for “Regulation (EC) No. 850/2004” substitute “Regulation (EU) 2019/1021”;

• (ii) in sub-paragraph (b), for “Pollution Prevention and Control Regulations (Northern Ireland) 2003” substitute “Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013[^f00007]”;

• (d) in regulation 5, for the words from “Regulation” to “substances)” substitute “Regulation (EU) 2019/1021 (control of manufacturing, placing on the market and use, and the listing of substances)”;

• (e) in regulation 6(1), for the words from “Regulation” to “waste)” substitute “Regulation (EU) 2019/1021 (stockpiles)”;

• (f) in regulation 7(1), for the words from “Regulation” to “waste)” substitute “Regulation (EU) 2019/1021 (waste management)”;

• (g) in regulation 8(1), for “Regulation (EC) No. 850/2004” substitute “Regulation (EU) 2019/1021”;

• (h) in regulation 9(2)—

• (i) in the words before sub-paragraph (a), for “Regulation (EC) No. 850/2004” substitute “Regulation (EU) 2019/1021”;

• (ii) omit sub-paragraph (a) (and the “and” which follows it);

• (i) in regulation 10(1)—

• (i) in the words before sub-paragraph (a), for “Regulation (EC) No. 850/2004” substitute “Regulation (EU) 2019/1021”;

• (ii) in sub-paragraph (a), for “Regulation (EC) No. 850/2004” substitute “Regulation (EU) 2019/1021”.

SCHEDULE

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 12.45 p.m. on 9th July 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations supplement Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) (OJ No. L 169, 25.6.2019, p. 45).

Regulation (EU) 2019/1021 replaces and repeals Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants (OJ No. L 158, 30.4.2004, p. 7). Regulations 3 to 5 make various amendments to the following enactments to reflect this—

• (a) the Environment Act 1995 (c. 25),

• (b) the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894), and

• (c) the Persistent Organic Pollutants Regulations 2007 (S.I. 2007/3106).

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.

Footnotes

[^f00001]: 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7); paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by S.I. 2007/1388.

[^f00002]: S.I. 2006/608.

[^f00003]: OJ No. L 169, 25.6.2019, p. 45.

[^f00004]: 1995 c. 25. Section 41(1)(e) was inserted by S.I. 2007/3106, and amended by S.I. 2013/755 (W. 90).

[^f00005]: S.I. 2005/894, amended by S.I. 2015/1360; there are other amending instruments but none is relevant.

[^f00006]: S.I. 2007/3106, amended by S.I. 2018/1405; there are other amending instruments but none is relevant.

[^f00007]: S.R. 2013 No. 160, amended by S.R. 2014 No. 304, S.I. 2015/1973, S.R. 2016 No. 309 and S.R. 2018 No. 33.