The Persistent Organic Pollutants (Amendment) Regulations 2023
Overview
The Persistent Organic Pollutants (Amendment) Regulations 2023 represent an essential development in the field of chemical defence capabilities in Great Britain. These regulations introduce amendments to reflect changes in specific exemptions related to persistent organic pollutants (POPs).
The purpose of the Persistent Organic Pollutants (Amendment) Regulations 2023 is to amend Regulation (EU) 2019/1021 to reflect changes to the specific exemptions that apply to the United Kingdom concerning international obligations implemented by the POPs Regulation.
The amendments introduced by the Persistent Organic Pollutants (Amendment) Regulations 2023:
- Address the specific exemption for Perfluorooctanoic acid (PFOA), its salts, and PFOA-related compounds. The United Kingdom previously registered for this exemption until 4 July 2023. However, urgent operational reasons necessitate an extension of the exemption until 3 December 2025. This extension is critical for maintaining the United Kingdom’s specialist capability in defence against Chemical, Biological, Radiological, and Nuclear (CBRN) threats.
- Reflect the critical need to maintain a specialised defence capability in Great Britain. By extending the specific exemption for PFOA and its related compounds, the regulations ensure that the Ministry of Defence can continue with essential defence activities until 3 December 2025. Although the impact on businesses is minimal, these regulations play a crucial role in protecting specialists and maintaining national security.
The Persistent Organic Pollutants (Amendment) Regulations 2023 were made on the 29th of June 2023 and came into force on the 4th of July 2023.
The Persistent Organic Pollutants (Amendment) Regulations 2023 apply to the following countries:
- United Kingdom;
- England;
- Scotland;
- Wales; and
- Northern Ireland.
Do the Persistent Organic Pollutants (Amendment) Regulations 2023 affect my business?
The impact of the Persistent Organic Pollutants (Amendment) Regulations 2023 on businesses is minimal. The regulations primarily focus on the specific exemption for PFOA and its related compounds, which are essential for specific defense purposes. The Ministry of Defence (MOD) requires the use of a PFOA-related compound for critical purposes, and the amendment allows the MOD to continue utilizing this compound while actively seeking alternatives.
The amendment ensures the continuation of a vital defense capability, safeguarding specialists from acute CBRN threats. Businesses directly involved in defense-related activities, particularly those that rely on specific chemical compounds for defense purposes, are affected by these regulations. The impact on businesses outside the defense sector is negligible.
It is important to note that the amendment to the POPs Regulation is necessary due to urgent operational reasons and the absence of viable alternatives for the critical defense purpose. The government has explored various options but has not found a suitable replacement for the PFOA-related compound. The Persistent Organic Pollutants (Amendment) Regulations 2023 stand as an urgent measure to maintain the United Kingdom’s defense capability while actively seeking alternative solutions in the future.
Do I need the Persistent Organic Pollutants (Amendment) Regulations 2023 in my ISO Compliance Register?
You will need the Persistent Organic Pollutants (Amendment) Regulations 2023 in your ISO Compliance Register if:
- You use, manufacture or distribute any products or substances that fall under the Persistent Organic Pollutants Regulations 2007 and amendments;
- You are a Waste Management Company dealing with relevant substances; or
- Your business is connected in any way to the Ministry of Defence (MOD).
Legislation related to the Persistent Organic Pollutants (Amendment) Regulations 2023
Legislation related to the Persistent Organic Pollutants (Amendment) Regulations 2023 include:
- The Persistent Organic Pollutants Regulations 2007
- Regulation (EU) 2019/1021 on persistent organic pollutants
- Regulation (EC) No 850/2004 on persistent organic pollutants
- Chemicals Act 2008
- Chemical Weapons Act 1997
More information
Visit the Persistent Organic Pollutants (Amendment) Regulations 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article (in which you will find the Persistent Organic Pollutants (Amendment) Regulations 2023) to your Register.
