The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

• (i) in point (a), for “after the date of entry into force of this Regulation” substitute “ on or after 25 January 2016 ”;

• (ii) in point (b), for the words from “the date” to the end substitute “ 25 January 2016, that is requested ”.

• (4) In paragraph 3—

• (a) in the third subparagraph, for “the entry into force of this Regulation” substitute “ 25 January 2016 ”;

• (b) in the fourth subparagraph, after “of a study” insert “ (whether to ECHA or the Agency) ”;

• (c) after the fourth subparagraph, insert—

In this paragraph the term “ECHA” has the same meaning as in Regulation (EC) No 1907/2006.

3

In Article 3—

• (a) in paragraph 2, for “Articles 27(6) and 30(3)” substitute “ Article 27(6) ”;

• (b) in paragraph 3, for “Articles 26 or 29” substitute “ Article 26 ”.

4

In Article 4—

• (a) in paragraph 1, for “Articles 27(3) and 30(1)” substitute “ Article 27(3) ”;

• (b) in paragraph 3, for “Articles 27 and 30” substitute “ Article 27 ”;

• (c) in paragraph 5, in the first subparagraph—

• (i) for “already exists on the date of entry into force of this Regulation” substitute “ existed before 25 January 2016 ”;

• (ii) after “model.” insert—

A waiver under Article 4(5) of the EU Implementing Regulation which is in effect immediately before IP completion day has effect on and after IP completion day as a waiver under this Article of this Regulation (and here “EU Implementing Regulation” means Commission Implementing Regulation (EU) 2016/9 as it has effect in EU law).

5

In Article 5—

• (a) in paragraph 1, for “Articles 27(5) and 30(3)” substitute “ Article 27(5) ”;

• (b) omit paragraph 2.

6

Omit Article 6.

SCHEDULE 6 — Amendment of the Fees and Charges Regulation

1

Commission Regulation (EC) No 340/2008 on the fees and charges payable to the European Chemicals Agency is amended in accordance with this Schedule.

2

In Article 1, for “European Chemicals Agency, hereinafter the ‘Agency’, as provided for in” substitute “ Agency, within the meaning of ”.

3

In Article 2, at the end insert—

In the application of Recommendation 2003/361/EC for the purposes of this Regulation, the Annex to that Recommendation has effect with the following modifications: (a) in Article 2(1)— (i) the reference to EUR 50 million has effect as a reference to £43.650 million; (ii) the reference to EUR 43 million has effect as a reference to £37.539 million; (b) in Article 2(2) the reference to EUR 10 million has effect as a reference to £8.730 million; (c) in Article 2(3) the reference to EUR 2 million has effect as a reference to £1.746 million; (d) in Article 3(2)— (i) in point (a), the reference to EUR 1,250,000 has effect as a reference to £1,091,250; (ii) in point (d), the reference to EUR 10 million has effect as a reference to £8.730 million.

4

In Article 3(5), omit the second subparagraph.

5

In Article 4(5), omit the second subparagraph.

6

Omit Article 10.

7

• (1) Article 11 is amended as follows.

• (2) In paragraph 1—

• (a) in the second subparagraph, omit the words from “and for” to “1907/2006”;

• (b) in the third subparagraph, omit “Executive Director of the”.

• (3) In paragraph 5—

• (a) omit “the Management Board of”;

• (b) for “Commission” substitute “ Secretary of State ”;

• (c) at the end insert—

The function of the Secretary of State under this paragraph is subject to the consent requirement in Article 4A of Regulation (EC) No 1907/2006.

8

In Article 12, for “non-Community”, in both places it occurs, substitute “non-Great British”.

9

• (1) Article 13 is amended as follows.

• (2) In paragraph 1, for “3 to 10” substitute “ 3 to 9 ”.

• (3) In paragraph 3, in the second subparagraph—

• (a) for “one of the official languages of the Union” substitute “ English ”;

• (b) for “any of those official languages” substitute “ English ”.

10

Omit Articles 14 and 15.

11

• (1) Article 16 is amended as follows.

• (2) In paragraph 1, for “euro” substitute “ sterling ”.

• (3) In paragraph 2, omit “, with the exception of payments due under Article 10”.

12

In Article 17(1)—

• (a) in the first subparagraph, for the words from “invoice” to “Article 10.” substitute “ submission number assigned by the Agency under Article 20 of Regulation (EC) No 1907/2006. ”;

• (b) omit the second subparagraph.

13

In Article 19(2), omit “the Management Board of”.

14

In Article 20(1)—

• (a) in the first subparagraph, omit “the Executive Director of”;

• (b) in the second subparagraph, for “EUR 100” substitute “ £87 ”.

15

Omit Article 21.

16

For Article 22 substitute—

(1) The Secretary of State may, by regulations, amend this Regulation so as to alter the fees and charges provided for in it if the Secretary of State considers that the alterations are appropriate having regard to— (a) the change in the relevant prices index, and (b) the costs of the Agency (taking one year with another). (2) Regulations under this Article are to be made by statutory instrument. A statutory instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament. The Secretary of State must consult the other appropriate authorities before making regulations under this Article. (3) In this Article— (a) “appropriate authority” has the same meaning as in Article 3 of Regulation (EC) No 1907/2006; (b) “relevant prices index” means— (i) the all items consumer prices index published by the Statistics Board, or (ii) if that index ceases to be available, such other similar general index of prices which the Secretary of State considers appropriate to use for the purposes of this Article.

17

Omit Article 23.

18

• (1) Annex 1 is amended as follows.

• (2) In Table 1, for the entries which set out the fees substitute—

£1,518	£1,138
£4,080	£3,061
£10,913	£8,185
£29,419	£22,064

• (3) In Table 2, for the entries which set out the fees substitute—

£987	£740	£532	£399	£76	£57
£2,652	£1,990	£1,428	£1,071	£204	£153
£7,094	£5,320	£3,819	£2,865	£546	£409
£19,122	£14,342	£10,297	£7,723	£1,471	£1,103

19

• (1) Annex 2 is amended as follows.

• (2) In Table 1, for the entries which set out the fees substitute—

£1,518	£1,138

• (3) In Table 2, for the entries which set out the fees substitute—

£987	£740	£532	£399	£76	£57

20

• (1) Annex 3 is amended as follows.

• (2) In Table 1, for the entries which set out the fees substitute—

£2,562	£1,921
£9,395	£7,046
£27,901	£20,926
£6,833	£5,125
£25,339	£19,003
£18,506	£13,879

• (3) In Table 2, for the entries which set out the fees substitute—

£1,666	£1,249	£897	£672	£128	£96
£6,107	£4,580	£3,289	£2,466	£470	£353
£18,136	£13,601	£9,765	£7,324	£1,395	£1,046
£4,441	£3,331	£2,391	£1,794	£341	£257
£16,470	£12,353	£8,869	£6,651	£1,267	£950
£12,029	£9,022	£6,477	£4,857	£925	£694

• (4) In Table 3—

• (a) for “EUR 1 631” in the first place (the fee for a change in the identity of the registrant involving a change in legal personality) substitute “ £1,424 ”;

• (b) for the entries which set out the other fees substitute—

£4,271	£3,203
£1,424	£1,068
£4,271	£3,203
£2,847	£2,135
£1,424	£1,068
£1,424	£1,068
£1,424	£1,068

• (5) In Table 4—

• (a) for the first three entries which set out fees (fees for changes of identity of the registrant involving a change in legal personality) substitute—

£925	£498	£72

• (b) for the other entries which set out fees substitute—

£2,776	£2,082	£1,495	£1,121	£214	£160
£925	£694	£498	£374	£72	£53
£2,776	£2,082	£1,495	£1,121	£214	£160
£1,851	£1,388	£996	£747	£142	£107
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53

21

• (1) Annex 4 is amended as follows.

• (2) In Table 1, for the entries which set out the fees substitute—

£4,271	£3,203
£1,424	£1,068
£4,271	£3,203
£2,847	£2,135
£1,424	£1,068
£1,424	£1,068
£1,424	£1,068

• (3) In Table 2, for the entries which set out the fees substitute—

£2,776	£2,082	£1,495	£1,121	£214	£160
£925	£694	£498	£374	£72	£53
£2,776	£2,082	£1,495	£1,121	£214	£160
£1,851	£1,388	£996	£747	£142	£107
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53

22

• (1) Annex 5 is amended as follows.

• (2) In Table 1, for the entries which set out the fees substitute—

£475
£308
£166
£24

• (3) In Table 2, for the entries which set out the charges substitute—

£949
£617
£332
£47

23

• (1) Annex 6 is amended as follows.

• (2) In Table 1, for the entries which set out the fees substitute—

£47,229
£9,446
£42,506

• (3) In Table 2, for the entries which set out the fees substitute—

£35,422
£7,084
£31,880

• (4) In Table 3, for the entries which set out the fees substitute—

£21,253
£4,251
£19,128

• (5) In Table 4, for the entries which set out the fees substitute—

£4,723
£945
£4,251

24

• (1) Annex 7 is amended as follows.

• (2) In Table 1, for the entries which set out the charges substitute—

£47,229
£9,446
£42,506

• (3) In Table 2, for the entries which set out the charges substitute—

£35,422
£7,084
£31,880

• (4) In Table 3, for the entries which set out the charges substitute—

£21,253
£4,251
£19,128

• (5) In Table 4, for the entries which set out the charges substitute—

£4,723
£945
£4,251

25

Omit Annex 8.

SCHEDULE 7 — Amendment of an authorisation under Article 60(4) of the REACH Regulation

1

Commission Implementing Decision C(2017) 3439 granting an authorisation for a use of chromium trioxide under REACH (Rimex Metals (UK) Ltd) is amended in accordance with this Schedule.

2

In Article 3(d), for “competent authority of the Member State where the authorised use takes place” substitute “ Agency (as defined in that Regulation) ”.

SCHEDULE 8 — Revocation of retained direct EU legislation

1

The following retained direct EU legislation is revoked—

• (a) Commission Regulation (EC) No 506/2007 imposing testing and information requirements on the importers or manufacturers of certain priority substances in accordance with Council Regulation (EEC) No 793/93 on the evaluation and control of the risks of existing substances;

• (b) Commission Regulation (EC) No 1238/2007 on laying down rules on the qualifications of the members of the Board of Appeal of the European Chemicals Agency;

• (c) Commission Regulation (EC) No 465/2008 imposing, pursuant to Council Regulation (EEC) No 793/93, testing and information requirements on importers and manufacturers of certain substances that may be persistent, bioaccumulating and toxic and are listed in the European Inventory of Existing Commercial Chemical Substances;

• (d) Commission Regulation (EC) No 466/2008 imposing testing and information requirements on the importers and manufacturers of certain priority substances in accordance with Council Regulation (EEC) No 793/93 on the evaluation and control of the risks of existing substances;

• (e) Commission Regulation (EC) No 771/2008 laying down the rules of organisation and procedure of the Board of Appeal of the European Chemicals Agency;

• (f) Commission Decision 2010/226/EU on the re-examination of the restriction concerning short-chain chlorinated paraffins (SCCPs) listed in Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council.

SCHEDULE 9 — Amendment of the EEA agreement

1

In Annex 2 to the EEA agreement (Technical Regulations, Standards, Testing and Certification), in Chapter 15 (dangerous substances)—

• (a) in point 12zc, omit—

• (i) from “The Provisions” to “following adaptations:”;

• (ii) paragraphs (a) to (p);

• (b) omit points 12zca, 12zf, 12zl, 12zm, 12zn, 12zs, 12zx, 12zza.

SCHEDULE 10 — Amendment of the REACH Enforcement Regulations 2008

PART 1 — Enforcement of requirements under transitional provisions relating to EU exit

Enforcement of requirements under transitional provisions relating to EU exit

1

• (1) In regulation 2(1)—

• (a) in the definition of “a listed REACH provision”, for “the REACH table” substitute “ a REACH table ”;

• (b) for the definition of “the REACH table” substitute—

“a REACH table” means— (a) the table in Schedule 1 to these Regulations, ... (b) the table in Schedule 1A to these Regulations, or (c) the table in Schedule 1B to these Regulations; “the relevant REACH table” means— (a) in relation to a listed REACH provision, the REACH table in which that REACH provision is listed; (b) in relation to an enforcement duty, the REACH table under which that enforcement duty arises.

• (2) In regulation 3—

• (a) for “REACH table”, in each place it occurs, substitute “relevant REACH table”.

• (c) in paragraph 5—

• (i) in subparagraph (a), for “adjacent to Northern Ireland” substitute “within the seaward limits of the territorial sea adjacent to Northern Ireland”;

• (ii) omit subparagraph (b).

• (3) In regulation 3A(1), for “in any column” to the end substitute “ against any listed REACH provision in any column of the relevant REACH table ”.

• (4) In the title of Schedule 1, after “of” insert “ General ”.

• (5) After Schedule 1 insert—

SCHEDULE 1A

Provision of REACH	Subject matter	Enforcing authority	Enforcing authority	Enforcing authority	Enforcing authority
Provision of REACH	Subject matter	England and Wales	Scotland	...	Offshore installations
Article 127B(4) and (6).	Requirement to supply information to the Agency where existing EU registration becomes GB registration.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127C(3).	Requirement to supply information to the Agency about existing ECHA decisions.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127E (7), (8) and (9).	Requirement to supply information to the Agency where importer continues to be regarded as downstream user.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127F(1).	Requirement to supply technical information to the Agency where existing EU authorisation becomes GB authorisation.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127H(4).	Requirement to supply information to the Agency where authorised downstream user continues to be regarded as such.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127J(2).	Requirement to supply information where a notification was given under Article 7(2) of EU REACH.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127K(4).	Requirement to notify Agency and supply information to it where exemption under Article 9 of EU REACH continues to have effect.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127L(3) and (5).	Requirement to supply information to the Agency where registration under Article 17 of EU REACH continues to have effect.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....
Article 127M(3) and (5).	Requirement to supply information to the Agency where registration under Article 18 of EU REACH continues to have effect.	The Health and Safety Executive.	The Health and Safety Executive.	. . .	The Health and Safety Executive....

• (6) After Schedule 1A insert—

SCHEDULE 1B

Provision of REACH	Subject matter	Enforcing authority	Enforcing authority	Enforcing authority
		England and Wales	Scotland	Offshore installations
Article 139A(6), (7) and (8).	Requirement to supply information to the Agency in respect of a protected NI import.	The Health and Safety Executive.	The Health and Safety Executive.	The Health and Safety Executive.

PART 2 — Other amendments

2

In regulation 2(2), omit the definition of “competent authority”.

3

• (1) Regulation 4 is amended as follows.

• (2) In paragraph (1)—

• (a) before subparagraph (a) insert—

(za) the Agency; (zb) the appropriate authorities; and

• (b) omit subparagraphs (b) to (d);

• (c) in the words after subparagraph (d), omit “in the European Union”.

• (3) In paragraph (2)(b), omit “in the European Union”.

4

In regulation 7(1), omit subparagraph (b) (and the “or” preceding it).

5

Omit regulation 24(2).

6

• (1) Schedule 1 (Table of REACH provisions) is amended as follows.

• (2) In the second column, for “European Chemicals Agency”, in each place it occurs, substitute “ Agency ”.

• (2A) Omit the fifth column.

• (2B) In the sixth column, omit “The Health and Safety Executive for Northern Ireland.” wherever it occurs.

• (3) In the entry relating to Article 8(2) of REACH, in the second column, for “community” substitute “GB”.

• (4) In the entry relating to Article 26(1) of REACH, in the second column, omit the words from “of a non-phase in” to “pre-registered,”.

• (5) Omit the entry relating to Article 30(6).

• (6) In the entry relating to Article 31(2) to (9), in the second column, for “the language of the Member State concerned” substitute “ English ”.

• (7) Omit the entry relating to Article 31(10).

• (8) In the entry relating to Article 32(2) and (3), in the second column, omit “after 1st June 2007”.

• (9) In the entry relating to Article 36(1), in the second column, for “a competent” substitute “ an appropriate ”.

• (10) In the entry relating to Article 37(3), omit the row (comprising the second to sixth columns) that relates to requirements providing when a manufacturer, importer or downstream user must comply with Article 14 for a phase-in substance.

• (11) In the entries relating to Articles 46(2) and 49(a), in the second column, for “competent authority” substitute “ Agency ”.

7

In Schedule 4, in paragraph 7—

• (a) before subparagraph (a) insert—

(za) the Agency; (zb) the appropriate authorities;

• (b) omit subparagraphs (b) to (d).

SCHEDULE 11 — Amendment and revocation of subordinate legislation

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000

1

• (1) Regulation 2 of the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 is amended as follows.

• (2) In paragraph 1, after the definition of “decontamination” insert—

“Directive 2008/98/EC” means that Directive as last amended by Council Regulation (EU) 2017/997, read in accordance with paragraph (2A).

• (3) After paragraph (2) insert—

(2A) For the purposes of these Regulations, Directive 2008/98/EC is to be read as if— (a) Article 5(2) were omitted; (b) in Article 6— (i) paragraphs 1 to 3 were omitted; (ii) in paragraph 4— (aa) in the first sentence, for the words from “Where criteria” to “paragraphs 1 and 2” there were substituted “ Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies ”; (bb) the second sentence were omitted.

The REACH (Appointment of Competent Authorities) Regulations 2007 : Great Britain

2

The REACH (Appointment of Competent Authorities) Regulations 2007 are revoked.

The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

3

• (1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 are amended as follows.

• (2) In rule 1(3) (interpretation), after the definition of “practice direction”, insert—

“REACH Agency” means the “Agency” as defined in Article 3(18) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;

• (3) In rule 22(6) (the notice of appeal), after subparagraph (f) insert—

(g) in an appeal against a decision of the REACH Agency, within 90 days of the date on which the appellant was first notified, or otherwise became aware, of the decision;

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — 2019-03-29

We consent

Jeremy Quin — Paul Maynard — Two of the Lords Commissioners of Her Majesty's Treasury — 2019-03-29

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes