OpenLegislation

Division SECTION 4 FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURES

United Kingdom

Original text. Later amendments are not shown.

4.1 ☐ No consent to import
Is the import of the chemical from all sources simultaneously prohibited?
  1. ☐

    Yes
  1. ☐

    No

Is domestic production of the chemical for domestic use simultaneously prohibited?
  1. ☐

    Yes
  1. ☐

    No

4.2 ☐ Consent to import
4.3 ☒ Consent to import only subject to specified conditions
The specified conditions are:

Pursuant to Regulation (EU) 2019/1021, the placing on the market and use of commercial octabromodiphenyl ether is only allowed in accordance with Directive 2011/65/EU, where the following provisions apply:

The import of commercial octabromodiphenyl ether is only allowed for placing on the market and use in cables or spare parts for the repair, the reuse, the updating of functionalities or upgrading of capacity of the following:

  1. (a)

    electrical and electronic equipment (EEE) placed on the market before 1 July 2006;

  2. (b)

    medical devices placed on the market before 22 July 2014;

  3. (c)

    in vitro diagnostic medical devices placed on the market before 22 July 2016;

  4. (d)

    monitoring and control instruments placed on the market before 22 July 2014;

  5. (e)

    industrial monitoring and control instruments placed on the market before 22 July 2017;

  6. (f)

    all other EEE that was outside the scope of Directive 2002/95/EC and which is placed on the market before 22 July 2019;

  7. (g)

    EEE which benefited from an exemption and which was placed on the market before that exemption expired as far as that specific exemption is concerned.

Spare parts are defined as a separate part of an EEE that can replace a part of an EEE. The EEE cannot function as intended without that part of the EEE. The functionality of EEE is restored or is upgraded when the part is replaced by a spare part.

Are the conditions for import of the chemical the same for all sources of import?
  1. ☒

    Yes
  1. ☐

    No

Are the conditions for domestic production of the chemical for domestic use the same as for all imports?
  1. ☒

    Yes
  1. ☐

    No

4.4 National legislative or administrative measure upon which the final decision is based
Description of the national legislative or administrative measure:

In the Union, the manufacturing, placing on the market and use of hexabromodiphenyl ether and heptabromodiphenyl ether are prohibited pursuant to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.06.2019, p. 45).