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Statutory Instruments

2019 No. 1099

Environmental Protection

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

The Secretary of State, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1) (“ECA 1972”), makes the following Regulations.

The Secretary of State has been designated for the purposes of section 2(2) of the ECA 1972 in relation to persistent organic pollutants(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)(3) 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(4), 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(5), 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(6)—

(a)for regulation 2 substitute—

“Meaning of Regulation (EU) 2019/1021

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(7)”;

(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”.

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

12.45 p.m. on 9th July 2019

Regulation 4

SCHEDULE

Regulation 54

“SCHEDULE 8Form of consignee’s return to producer or holder

”

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.

(1)

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.

(3)

OJ No. L 169, 25.6.2019, p. 45.

(4)

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

(5)

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

(6)

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