The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1358 |
| Year | 2020 |
2020 No. 1358
Exiting The European Union
Environmental Protection
The Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020
Made 23th November 2020
Coming into force in accordance with regulation 2
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation
1. These Regulations may be cited as the Persistent Organic Pollutants (Amendment) (EU Exit) Regulations 2020.
Commencement
2.—(1) This Part and Part 4 come into force immediately before IP completion day.
(2) Parts 2 and 3 come into force on IP completion day.
PART 2
Amendments to subordinate legislation
Amendments to the Persistent Organic Pollutants Regulations 2007
3. The Persistent Organic Pollutants Regulations 2007 are amended2in accordance with regulations 4 and 5.
Amendments to regulation 3
4.—(1) Regulation 3 is amended as follows.
(2) In paragraph (1), for the words before sub-paragraph (a) substitute—
“The competent authority for the purposes of these Regulations is”.
(3) In paragraph (2), for “They are also the enforcement authorities” substitute “The competent authority is also the enforcement authority”.
Substitution of regulation 4
5. For regulation 4 substitute—
“Duties on the United Kingdom in respect of Northern Ireland in Regulation (EU) 2019/1021
4. All duties placed on the United Kingdom in respect of Northern Ireland in Regulation (EU) 2019/10213must be executed by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, other than—
(a) Article 4(3) of that Regulation, where they must be executed by the Secretary of State; and
(b) Article 6(3) of that Regulation, which must be complied with by any person considering an application for a permit or a significant modification to a permit under the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 20134.”.
PART 3
Amendments to retained direct EU legislation
Amendments to Regulation (EU) 2019/1021 on persistent organic pollutants
6. Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) is amended in accordance with regulations 7 to 28.
Amendment to Article 1
7. In Article 1, omit the second paragraph.
Amendments to Article 2
8.—(1) Article 2 is amended as follows.
(2) In point (8), at the end insert “, as read with Articles 5 and 6 of that Directive”.
(3) At the end insert—
“14. ‘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 20005;
(b) in relation to Scotland, the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 20006;
17. ‘Permitting Regulations’ means—
(a) in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 20167;
(b) in relation to Scotland, the Pollution Prevention and Control (Scotland) Regulations 20128;
18. ‘SEPA’ means the Scottish Environment Protection Agency;
19. ‘third country’ means a country other than the United Kingdom.”.
New Articles 2A, 2B and 2C
9. After Article 2 insert—
“Appropriate authority
Article 2A. For the purposes of this Regulation, “appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Scotland—
the Scottish Ministers; or
where the Scottish Ministers consent, the Secretary of State;
(c) in relation to Wales—
the Welsh Ministers; or
where the Welsh Ministers consent, the Secretary of State.
Competent authority
Article 2B. 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.
References to Directive 2008/98/EC
Article 2C. (1) For the purposes of this Regulation, “ Directive 2008/98/EC” means Directive 2008/98/EC9as last amended by Directive (EU) 2018/85110and read in accordance with paragraphs 2 and 3.
(2) Article 5 of Directive 2008/98/ECis to be read as if—
(a)
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
(b)
(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)
(c) paragraphs 2 and 3 were omitted.
(3) Article 6 of Directive 2008/98/ECis to be read as if—
(a)
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;
(b)
(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)
(c) in paragraph 2—
the first subparagraph were omitted;
in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;
the third and fourth subparagraphs were omitted;
(d)
(d) paragraph 3 were omitted;
(e)
(e) in paragraph 4—
in the first subparagraph—
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”;
the second sentence were omitted;
in the second subparagraph—
for “Member States” there were substituted “The appropriate authority”;
“by competent authorities” were omitted.”.
Amendments to Article 3
10.—(1) Article 3 is amended as follows.
(2) In paragraph 3—
(a)
(a) for “Member States and the Commission” substitute “The appropriate authority”;
(b)
(b) for “Union legislation” substitute “retained EU law”.
(3) Omit paragraphs 4 and 5.
Amendments to Article 4
11.—(1) Article 4 is amended as follows.
(2) In paragraph 2, for the third and fourth subparagraphs substitute—
“Immediately upon becoming aware of articles referred to in the first and second subparagraphs, the competent authority shall inform the Secretary of State and—
(a)
(a) where the competent authority is SEPA, the Scottish Ministers;
(b)
(b) 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.”.
(3) For paragraph 3 substitute—
“3. 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)...
To continue reading
Request your trial