PART 2Enforcement
Enforcement
3.—(1) An enforcing authority must enforce a listed REACH provision where it is named against that provision in the REACH table.
(2) The duty in paragraph (1) is subject to the following provisions of this regulation and regulation 6.
(3) The enforcement duty commences—
(a)except for Article 67 of REACH, on 1st December 2008;
(b)for Article 67, on 1st June 2009.
(4) Except in relation to—
(a)an offshore installation; or
(b)a local (consumer safety) authority or a local (health and safety) authority,
the enforcement duty applies to an enforcing authority in the relevant part or parts of the United Kingdom shown at the head of the column in which the enforcing authority is named in the REACH table.
(5) In relation to an offshore installation, the enforcement duty applies—
(a)for an installation in relevant waters (except such waters adjacent to Northern Ireland)—
(i)to the Health and Safety Executive; and
(ii)except in Scottish controlled waters, to the Secretary of State,
where they are named under the column heading “Offshore Installations” in the REACH table;
(b)for an installation in relevant waters adjacent to Northern Ireland—
(i)to the Health and Safety Executive for Northern Ireland; and
(ii)to the Secretary of State,
where they are named under the column heading “Offshore Installations” in the REACH table;
(c)for an installation in Scottish controlled waters, to the Scottish Environment Protection Agency, where that Agency is named under the column heading “Scotland” in the REACH table.
(6) For a local (consumer safety) authority or a local (health and safety) authority, the enforcement duty applies to the area of that authority.
(7) The enforcement duty applies to an enforcing authority where enforcement of the listed REACH provision is a function of that authority.
(8) The functions of an enforcing authority for the purposes of these Regulations are set out in Schedule 2 (functions of enforcing authorities).
Co-operation and information sharing
4.—(1) An enforcing authority must co-operate with—
(a)other enforcing authorities;
(b)a competent authority;
(c)the equivalent of an enforcing authority in another member State; and
(d)the European Chemicals Agency,
where this will facilitate compliance with, or the effective enforcement of, REACH in the European Union.
(2) An enforcing authority must disclose to a person referred to in paragraph (1) information it holds in relation to compliance with, or the enforcement of, REACH where it believes—
(a)it is reasonable for it to make that disclosure; and
(b)the disclosure will facilitate compliance with, or the effective enforcement of, REACH in the European Union.
(3) The Commissioners for Revenue and Customs may disclose to an enforcing authority information obtained or held by the Commissioners in exercise of their functions in relation to imports—
(a)where the Commissioners believe it is appropriate to do so to facilitate the exercise of the duty of an enforcing authority under these Regulations; and
(b)whether or not the information has been requested by the enforcing authority.
Enforcement agreements
5.—(1) This regulation applies to agreements between an enforcing authority (“A”) and another enforcing authority (“B”) intended to facilitate the carrying out of an enforcement duty, or part of it.
(2) A may agree arrangements with B for B to carry out on A’s behalf any matters in relation to an enforcement duty that applies to A.
(3) Where an enforcement duty applies to both A and B, they may agree arrangements for performance of that duty to be divided between them in such a way as they consider to be administratively convenient.
(4) An agreement in respect of the matters in paragraph (2) or (3)—
(a)may deal with more than one listed REACH provision;
(b)must be in writing;
(c)must give sufficient particulars of the matters to which it relates; and
(d)may be made subject to limitations and conditions.
(5) Such an agreement—
(a)may be varied in writing by the parties, acting jointly;
(b)may be revoked by any party on sixty days notice in writing to the other party or parties to the agreement.
Health and safety enforcement
6.—(1) This regulation applies where a local (health and safety) authority and the Executive are jointly under an enforcement duty, whether or not any other enforcing authority is also under an enforcement duty in respect of the same listed REACH provision.
(2) Schedule 3 (health and safety enforcement) has effect.
(3) In circumstances not provided for under Schedule 3, the Executive must perform the joint duty on behalf of a local (health and safety) authority.
(4) The arrangements under Schedule 3 and the arrangement under paragraph (3) may be varied by an enforcement agreement made in accordance with regulation 5.
(5) In this regulation “the Executive” means—
(a)in Great Britain, the Health and Safety Executive;
(b)in Northern Ireland, the Health and Safety Executive for Northern Ireland.