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SCHEDULE 2U.K.AMENDMENTS TO RETAINED DIRECT EU LEGISLATION

147.—(1) Article 3 is amended as follows.U.K.

(2) In point (4), for “Union legislation” substitute “ retained EU law ”.

(3) In point (5)(b)—

(a)for the words “Directive” to “market” substitute “ Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products ”;

(b)for “Directives 2001/82/EC and 2001/83/EC” substitute “ the Veterinary Medicines Regulations 2013 and the Human Medicines Regulations 2012 ”.

(4) In point (7)—

(a)for “within the Union” substitute “ by retained EU law ”;

(b)for “Annex I” substitute “ [F1the GB PIC list] ”.

(5) In point (8)—

(a)in the first sentence, for “within the Union or a Member State” substitute “ by retained EU law ”;

[F2(b)in the second sentence—

(i)for “the Union” substitute “Great Britain”;

(ii)for “Annex I” substitute “the GB PIC list”].

(6) In point (9)—

(a)before “Annex III” insert “ both ”;

(b)for “Annex I to this Regulation” substitute “ the [F3GB PIC list] ”.

(7) In point (10)—

(a)in point (a), for “the Union” substitute “ retained EU law ”;

[F4(b)in point (b), for “Union” substitute “Great Britain”].

(8) In point (11)—

(a)in point (a), for “the Union” substitute “ retained EU law ”;

[F5(b)in point (b), for “Union” substitute “Great Britain”].

(9) Omit point (12).

(10) Omit point (15).

(11) For point (16) substitute—

“(16) ‘export’ means the export of chemicals from [F6Great Britain]:

(a)made in accordance with [F7sections 33(4), 35 or 36] of the Taxation (Cross-border Trade) Act 2018 M1; or

(b)where the chemicals were, immediately prior to export, in a temporary storage facility or subject to the control of any HMRC officer as described in paragraph 1(2) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018,

but does not include chemicals which are under a transit procedure by which chargeable goods may be moved between places in [F8Great Britain].”

(12) In point (17) for the words from “physical” to the end substitute “ importation into [F9Great Britain] and release to a customs procedure, other than a transit procedure by which chargeable goods may be moved between places in [F9Great Britain], of any chemical ”.

[F10(13) In point (18)—

(a)in point (a)—

(i)for “Party or other country” substitute “Party, other country or Northern Ireland”;

(ii)for “the customs territory of the Union” substitute “Great Britain”;

(b)in point (b), for “the customs territory of the Union” substitute “Great Britain”;

(c)in point (c), in both places it occurs, for “the Union” substitute “Great Britain”].

[F11(14) In point (19), for “the customs territory of the Union” substitute “Great Britain”].

(15) Omit point (22).

(16) In point (23), omit “, unless otherwise specified in this Regulation”.

(17) After point (23), insert—

“(24) ‘Designated National Authority’ means the authority or authorities designated by the Secretary of State under the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 M2 to carry out the administrative functions required by this Regulation;

(25) ‘exporter's Designated National Authority’ means the Designated National Authority of the country in which the exporter is established;

(26) ‘[F12GB PIC list]’ means the list established and maintained in accordance with Articles 7 and 23.”

Textual Amendments

F2Sch. 2 para. 147(5)(b) substituted for Sch. 2 para. 147(5)(b)(c) (31.12.2020 immediately before IP completion day) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 2 para. 42(b)

Commencement Information

I1Sch. 2 para. 147 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations