Statutory Instruments
2023 No. 1217
Environmental Protection
The Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2023
Made
15th November 2023
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 15(1) and 18(1) of of the European Parliament and of the Council on persistent organic pollutants (recast) (“ Regulation (EU) 2019/1021 the POPs Regulation ”)( 1 ).
The Scottish Ministers and the Welsh Ministers have consented to the Secretary of State making these Regulations, in accordance with Article 2A of the POPs Regulation.
In accordance with Article 18(4) of the POPs Regulation, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Persistent Organic Pollutants (Amendment) (No. 2) Regulations 2023 and come into force on the day after the day on which they are made.
(2) These Regulations extend to England and Wales and Scotland.
Amendment to Regulation (EU) 2019/1021
2. —(1) Part A of Annex 1 to of the European Parliament and of the Council on persistent organic pollutants (recast) (Substances listed in the Convention and in the Protocol as well as substances listed only in the Convention) is amended as follows. Regulation (EU) 2019/1021
(2) At the end, insert as a new row—
“ Perfluorohexane sulfonic acid (PFHxS), its salts, and PFHxS-related compounds. ‘Perfluorohexane sulfonic acid (PFHxS), its salts, and PFHxS-related compounds’ means the following: (i) perfluorohexane sulfonic acid (PFHxS), including branched isomers; (ii) its salts; (iii) any substance that contains the chemical moiety C 6 F 13 SO 2 - as one of its structural elements and that potentially degrades to PFHxS. | 355-46-4 and others | 206-587-1 and others | For the purposes of this entry, Article 4(1)(b) applies in each of the following cases: (a) where the sum of the concentrations of PFHxS and any of its salts present in a substance, mixture or article is equal to or below 0.025 mg/kg (0.0000025% by weight); (b) where the sum of the concentrations of any PFHxS-related compounds present in a substance, mixture or article is equal to or below 1 mg/kg (0.0001% by weight); (c) where the sum of the concentrations of PFHxS, any of its salts, and any PFHxS-related compounds present in concentrated fire-fighting foam mixtures that are to be used or are used in the production of other fire-fighting foam mixtures is equal to or below 0.1 mg/kg (0.00001% by weight). ” |
Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
15th November 2023
EUR 2019/1021, amended by S.I. 2020/1358 ; there are other amending instruments but none is relevant.