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The REACH Enforcement Regulations 2008
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- UK Statutory Instruments
- 2008 No. 2852
- PART 2
- Regulation 4
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Changes and effects yet to be applied to Regulation 4:
- Regulations applied (with modifications) by S.I. 2024/414 art. 5 Sch. 1 para. 49
Co-operation and information sharingE+W+S
This section has no associated Explanatory Memorandum
4.—(1) An enforcing authority must co-operate with—
[F1(za)the Agency;
(zb)the appropriate authorities; and]
(a)other enforcing authorities;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
where this will facilitate compliance with, or the effective enforcement of, REACH F3....
(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 F4....
(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.
Textual Amendments
F1Reg. 4(1)(za)(zb) inserted (E.W.S.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 3(2)(a) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1)); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 4(1)(b)-(d) omitted (E.W.S.) (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 3(2)(b) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 4(1) omitted (E.W.S.) (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 3(2)(c) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 4(2)(b) omitted (E.W.S.) (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 3(3) (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1)); 2020 c. 1, Sch. 5 para. 1(1)
Co-operation and information sharingN.I.
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 [F5a member State]; and
(d)the European Chemicals Agency,
where this will facilitate compliance with, or the effective enforcement of, [F6EU REACH in Northern Ireland or the European Union].
[F7(1A) An enforcing authority must co-operate with—
(a)the retained REACH Agency;
(b)the appropriate authorities; and
(c)other enforcing authorities,
where this will facilitate compliance with, or the effective enforcement of, retained REACH.]
(2) An enforcing authority must disclose to a person referred to in [F8paragraph (1) or (1A)] 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 [F9Northern Ireland or] 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.
Textual Amendments
F5Words in reg. 4(1)(c) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(a)
F6Words in reg. 4(1) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(b)
F7Reg. 4(1A) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(c)
F8Words in reg. 4(2) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(d)(i)
F9Words in reg. 4(2)(b) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(7)(d)(ii)
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