On 10 September 2019, the regulations to phase-out the use, production, distribution, sale, import and export of persistent organic pollutants were published. We reported on this important development, noting that these Regulations apply to certain listed chemical substances (which include formulations and products containing any of these chemicals and their wastes) which largely need to be completely phased-out by 31 December 2020, barring limited exceptions by 31 December 2021.
10 September 2020 marked one year after the promulgation of these Regulations, and according to regulation 6, persons to whom the Regulations apply must have submitted a phase-out plan for the prescribed listed substances, setting out the relevant details, within 12 months (ie. on or before 10 September 2020) for approval to the Director-General of the DEFF. The Director-General will be providing acknowledgements of receipt of the phase-out plans that have been submitted within the 14 days of submission, whereafter consideration of the phase-out plans will take place.
Where the Director-General approves of a phase-out plan for implementation, the relevant applicant will be notified of the approval and any applicable conditions or requirements attaching thereto. An approved phase-out plan must be implemented, and may only be deviated from upon written approval by the Director-General. Moving forward, a producer, importer or exporter of a listed substance who has obtained approval for their phase-out plan will be required to provide a detailed progress report on the implementation of this phase-out plan to the Director-General annually. In addition, the report must include copies of safe disposal certificates that have been issued by an authorised waste disposal facility. Penalties and fines for non-compliance apply.
