The REACH (Appointment of Competent Authorities) Regulations 2007

Statutory Instruments

2007 No. 1742

Environmental protection

The REACH (Appointment of Competent Authorities) Regulations 2007

Made

15th June 2007

Laid before Parliament

21st June 2007

Coming into force

16th July 2007

The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to persistent organic pollutants, dangerous substances, preparations and chemicals.

The Secretary of State makes the following Regulations under powers conferred by that section.

Citation and commencement

1.  These Regulations may be cited as the REACH (Appointment of Competent Authorities) Regulations 2007 and come into force on 16th July 2007.

Interpretation

2.  In these Regulations—

“competent authority” means any of the authorities referred to in Regulation 3;

“devolved administration” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;

“REACH” means EC Regulation 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals(3);

“the Welsh Ministers” has the meaning given in section 45(2) of the Government of Wales Act 2006(4).

Competent authority

3.—(1) Subject to paragraph (2), the following is a competent authority—

(a) in England, the Secretary of State;

(b) in Wales, the Welsh Ministers;

(c) in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly.

(2) In relation to matters outside the competence of a devolved administration, the competent authority is the Secretary of State.

Obligations in relation to the United Kingdom

4.  An obligation under REACH which requires a competent authority to do any thing in relation to the United Kingdom as a whole must be complied with by—

(a) each competent authority in respect of its territory; and

(b) in respect of matters outside the competence of a devolved administration, the Secretary of State.

Jeff Rooker

Minster of State

Department for Environment, Food and Rural Affairs

15th June 2007

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations appoint the competent authorities, except in Scotland, for the purposes of Regulation (EC) No. 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (O.J. No. L396, 30.12.06, p. 1).

The Secretary of State is the competent authority in relation to matters that fall outside the competence of a devolved administration.

No impact assessment has been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.

(1)

S.I. 2006/608.

(2)

1972 c.68.

(3)

O.J. No. L396, 30.12.06, p. 1.

(4)

2006 c.32.