Explanatory note

These Regulations are made in exercise of the powers conferred by Articles 7(6), 15(1), 15(2), and 18(1) of Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (recast) (“EUR 2019/1021”).

Regulation 3(2) to (4) makes amendments to the entries for Hexachlorobenzene, Pentachlorophenol and Perfluorooctanoic acid in Annex 1 to EUR 2019/1021.

Regulation 3(5) adapts Annex 1 to EUR 2019/1021 to changes to the list of substances set out in Annex A to the Stockholm Convention on Persistent Organic Pollutants (“the Convention”) (ratified by the United Kingdom on 17th January 2005). These changes were adopted at the eleventh meeting of the Conference of the Parties to the Convention in Decisions SC-11/9, SC-11/10 and SC-11/11, and were notified to parties to the Convention under Depository Notification C.N.77.2024.TREATIES-XXVII.15. Regulation 3(5) also specifies the concentration limits up to which the newly listed substances may be present as an unintentional trace contaminant, and specific exemptions.

Regulation 4 amends and adds new substances to the list of substances subject to waste management provisions in Annex 4 to EUR 2019/1021.

Regulation 5 amends and adds new wastes and substances to the table in Part 2 of Annex 5 to EUR 2019/1021 setting out wastes and operations to which the derogation in Article 7(4)(b) of EUR 2019/1021 applies.

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. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £5 million per year.