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Document Ares(2019)7345999

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)

Please be aware that this draft act does not constitute the final position of the institution.

EXPLANATORY MEMORANDUM

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) …/...

of XXX

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,

Whereas:

(1)Regulation (EU) 2019/1021 implements the commitments of the Union under the Stockholm Convention on Persistent Organic Pollutants 3  (‘the Convention’) and under the Protocol on Persistent Organic Pollutants to the 1979 Convention on Long-Range Transboundary Air Pollution 4  (‘the Protocol’).

(2)Annex B to the Convention (‘Restriction’) contains a list of chemicals for which each Party to the Convention is required to restrict their production, use, import and export in light of any applicable acceptable purpose and/or specific exemption listed in that Annex.

(3)The Conference of the Parties to the Convention has, pursuant to Article 8(9) of the Convention, decided in its ninth meeting to amend Annex B to the Convention in relation to the acceptable purposes and specific exemptions for perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride (PFOSF). The Conference of the Parties decided to amend the acceptable purpose for the use of PFOS, its salts and PFOSF for metal plating (hard metal plating) only in closed-loop systems to a specific exemption.

(4)The amendment of the acceptable purpose for the use of PFOS, its salts and PFOSF for metal plating (hard metal plating) only in closed-loop systems to a specific exemption has the effect that Parties are allowed to use that exemption for a maximum period of five years after the entry into force of that amendment. The exemption may be extended for additional five years following a decision by the Conference of the Parties upon request by a Party and based on a justification of the continuing need for that use. Consequently, the entry in Part A of Annex I to Regulation (EU) 2019/1021 for perfluorooctane sulfonic acid and its derivatives (PFOS) should be amended to reflect the obligations under the Convention.

(5)Regulation (EU) 2019/1021 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) 2019/1021 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

   For the Commission

   The President
   […]
   

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EN

ANNEX

In Part A of Annex I to Regulation (EU) 2019/1021, in the entry for perfluorooctane sulfonic acid and its derivatives (PFOS), in the fourth column (“Specific exemption on intermediate use or other specification”), point 4 is amended as follows:

(1)    the first paragraph is replaced by the following:

“4. If the quantity released into the environment is minimised, manufacturing and placing on the market shall be allowed until [date of entry into force of this amending Regulation + 5 years] for use as mist suppressant for non-decorative hard chromium (VI) plating in closed loop systems. Provided that those Member States where PFOS is used report to the Commission by [date of entry into force of this amending Regulation + 4 years] on progress made to eliminate PFOS and justify the continuing need for this use, the Commission shall review the need for a prolongation of the derogation for this use of PFOS for a maximum of five years by [date entry into force of this amending Regulation + 5 years].”;

(2)    the third paragraph is deleted.

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