1.CONTEXT OF THE DELEGATED ACT
Article 1 of Regulation (EU) 2019/1021 establishes as the objective of that Regulation to protect human health and the environment from Persistent Organic Pollutants (‘POPs’) by prohibiting, phasing out as soon as possible, or restricting the manufacturing, placing on the market and use of substances subject to the Stockholm Convention on POPs.
Perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride (PFOSF) are listed in Annex B to the Convention with acceptable purposes and specific exemptions. The POP Review Committee (POPRC) recommended 1 deleting all acceptable purposes except the one for use as insect baits containing sulfluramid. POPRC also recommended changing from acceptable purpose to specific exemption for the uses in hard chromium plating and in fire-fighting foams.
At the ninth Conference of the Parties to the Stockholm Convention, which took place in Geneva, Switzerland, from 29 April to 10 May 2019, the decision (SC-9/4) was taken to amend the acceptable purposes and specific exemptions for PFOS, its salts and PFOSF, listed in Annex B to the Convention, following the recommendation of POPRC. The only amendment relevant for the current EU legislation is a change from an acceptable purpose to a specific exemption for the use of PFOS, its salts and PFOSF as mist-suppressant for non-decorative hard-chromium plating in closed loop system. This change requires adding a time limit for the exemption in Annex I to Regulation (EU) 2019/1021.
In accordance with the second subparagraph of Article 15(1) of Regulation (EU) 2019/1021, a separate delegated act amending Annex I to Regulation (EU) 2019/1021 should be adopted to introduce this change in the entry on PFOS.
2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
The draft amendment was consulted with an expert group (the 'POP CA meeting') on [insert date] and comments were taken into account. The group is composed of all the relevant stakeholders - representatives of Member States, of the European Chemicals Agency, the chemicals industry and the civil society.
A public consultation was carried out for the draft act from [insert date] to [insert date] [summarise comments received and replies]
3.LEGAL ELEMENTS OF THE DELEGATED ACT
The delegated act amends the list of chemicals in Annex I on the basis of developments under the Convention. The legal basis for the proposed delegated act is Article 15(1) of Regulation (EU) 2019/1021.
COMMISSION DELEGATED REGULATION (EU) …/...
amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards the entry for perfluorooctane sulfonic acid and its derivatives (PFOS)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants 2 , and in particular Article 15 (1) thereof,