The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019
1Citation, commencement , interpretation and extent
2Amendment of the REACH Regulation
3Amendment of Titles 1 to 15
4Transitional provision
4AImports from Northern Ireland
5Amendment of Annexes and Appendices
6Amendment of the Test Methods Regulation
7Amendment of the Data Regulation
8Amendment of the Fees and Charges Regulation
9Amendment of an authorisation under Article 60(4) of the REACH Regulation
10Revocation of direct retained EU legislation
11Amendment of the EEA agreement
12Amendment of the REACH Enforcement Regulations 2008
13Amendment and revocation of subordinate legislation
SCHEDULE 1Amendment of Titles 1 to 15
PART 1Amendment of Title 1: General issues
1Chapter 1 of Title 1
2(1) Article 2 is amended as follows.
3Chapter 2 of Title 1
4(1) Article 3 is amended as follows.
5After Article 4 insert— Article 4A The consent requirement Where any provision of this Regulation states that a function...
PART 2Amendment of Title 2: Registration of substances
6Chapter 1 of Title 2
7(1) Article 7 is amended as follows.
8(1) Article 8 is amended as follows.
9(1) Article 9 is amended as follows.
10In Article 10(a), in the final subparagraph, for “, Article...
11In Article 11(1), for “the Community” substitute “Great Britain”.
12(1) Article 13 is amended as follows.
13(1) Article 14 is amended as follows.
14Chapter 2 of Title 2
15Chapter 3 of Title 2
16In Article 19(1), for “the Community” substitute “Great Britain”.
17Chapter 4 of Title 2
18In Article 21(1), omit the second subparagraph.
19(1) Article 22 is amended as follows.
20Chapter 5 of Title 2
21In Article 24, omit paragraph 1.
PART 3Amendment of Title 3: Data sharing and avoidance of unnecessary testing
22Chapter 1 of Title 3
23Chapter 2 of Title 3
24(1) Article 26 is amended as follows.
25(1) Article 27 is amended as follows.
26Chapter 3 of Title 3
PART 4Amendment of Title 4: Information in the supply chain
27(1) Article 31 is amended as follows.
28In Article 32(2), omit “after 1 June 2007”.
29In Article 36(1)— (a) omit “to any competent authority of...
PART 5Amendment of Title 5: Downstream Users
30Title 5
PART 6Amendment of Title 6: Evaluation
31Chapter 1 of Title 6
32In Article 42(2)— (a) in the first sentence, for “Commission...
33(1) Article 43 is amended as follows.
34Chapter 2 of Title 6
35(1) Article 45 is amended as follows.
36(1) Article 46 is amended as follows.
37Omit Article 47(2).
38For Article 48 substitute— Article 48 Follow-up to substance evaluation...
39Chapter 3 of Title 6
40Chapter 4 of Title 6
41For Article 51 substitute— Article 51 Adoption of decisions under...
42For Article 52 substitute— Article 52 Adoption of decisions under...
PART 7Amendment of Title 7: Authorisation
43Chapter 1 of Title 7
44(1) Article 56 is amended as follows.
45(1) Article 58 is amended as follows.
46(1) Article 59 is amended as follows.
47Chapter 2 of Title 7
48(1) Article 61 is amended as follows.
49(1) Article 62 is amended as follows.
50(1) Article 64 is amended as follows.
51Chapter 3 of Title 7
52In Article 66(2), in the second sentence, for “competent authorities...
PART 8Amendment of Title 8: Restrictions on the manufacturing, placing on the market and use of certain dangerous substances, mixtures and articles
53Chapter 1 of Title 8
54Chapter 2 of Title 8
55(1) Article 69 is amended as follows.
56(1) Article 70 is amended as follows.
57(1) Article 71 is amended as follows.
58(1) Article 72 is amended as follows.
59(1) Article 73 is amended as follows.
PART 9Amendment of Title 9: Fees and charges
60Title 9
PART 10Amendment of Title 10: Agency
61Title 10
62(1) Article 77 is amended as follows.
63Omit Articles 78 to 82.
64(1) Article 83 is amended as follows.
65Omit Articles 84 to 87.
66(1) Article 88 is amended as follows.
67Omit Articles 89 and 90.
68(1) Article 91 is amended as follows.
69(1) Article 92 is amended as follows.
70(1) Article 93 is amended as follows.
71Omit Article 94.
72(1) Article 95 is amended as follows.
73Omit Articles 96 to 107.
74In Article 108, for the words from “Management Board” to...
75In Article 109, for the words from “Management Board” to...
76(1) Article 110 is amended as follows.
77In Article 111, for “Member States, manufactures” substitute “ Manufacturers...
PART 11Amendment of Title 12: Information
78Title 12
79(1) Article 118 is amended as follows.
80(1) Article 120 is amended as follows.
PART 12Amendment of Title 13: Competent authorities
81Title 13
82Omit Articles 121 and 122.
83In Article 123— (a) for “competent authorities of the Member...
84In Article 124— (a) omit the first paragraph;
PART 13Amendment of Title 14: Enforcement
85Title 14
86In Article 127— (a) in the first sentence—
PART 14Amendment of Title 15: Transitional and final provisions
87In the heading of Title 15 omit “transitional and”.
88Omit Article 128.
89(1) For Article 129 substitute— Article 129 Safeguard clause An appropriate authority may impose an appropriate provisional restriction in...
90In Article 130— (a) for “competent authorities,” substitute “ appropriate...
91For Article 131 substitute— Article 131 Amendments to the Annexes...
92For Article 132 substitute— Article 132 Implementing legislation The Secretary of State may, by regulations, make such provision...
93After Article 132, insert— Article 132A Regulations under this Regulation...
94Omit Articles 133 to 137.
95(1) Article 138 is amended as follows.
96Omit Articles 140 and 141.
SCHEDULE 2Transitional provision
1After Article 127 of the REACH Regulation insert— TITLE 14A...
SCHEDULE 2AProvision in respect of imports from Northern Ireland
1After Article 139, insert— Title 15A Imports from Northern Ireland...
SCHEDULE 3Amendment of the Annexes and Appendices to the REACH Regulation
PART 1The Annexes
1Annex 1
2Annex 2
3Annex 5
4Annex 7
5Annex 8
6Annex 9
7Annex 10
8Annex 11
9Annex 12
10Annex 14
11Annex 15
12Annex 17
13Immediately before the Table insert— In this Annex “competent appropriate authority”, in relation to the...
14(1) In entry 3 in the table (liquid substances or...
15In entry 5 in the table (benzene), in the second...
16(1) In entry 6 in the table (asbestos fibres), the...
17In entries 16 (lead carbonates) and 17 (lead sulphates) in...
18In entry 18a in the table (mercury), in the second...
19(1) In entry 19 in the table (arsenic compounds), the...
20In entry 23 in the table (cadmium), in the second...
21In entry 24 in the table (monomethyl – tetrachlorodiphenyl methane),...
22(1) In entries 28 to 30 of the table (certain...
23In entry 31 of the table (creosotes etc.), in the...
24In entries 32 to 38 of the table (chloroform etc.),...
25In entry 40 of the table (certain flammable substances etc.),...
26In entry 45 of the table (diphenylether, octabromo derivative), in...
27In entry 47 of the table (chromium VI compounds), in...
28(1) In entry 50 of the table (polycyclic-aromatic hydrocarbons), the...
28A(1) In entry 51 of the table (Bis(2-ethylhexyl) phthalate (DEHP)...
29In entry 55 of the table (2-(2-butoxyethoxy)ethanol), in the second...
30(1) In entry 56 of the table (methylenediphenyl diisocyanate), the...
31In entry 57 of the table (cyclohexane), in the second...
32(1) In entry 58 of the table (ammonium nitrate), the...
33(1) In entry 59 of the table (dichloromethane), the second...
34(1) In entry 63 of the table (lead), the second...
35In entry 65 of the table (inorganic ammonium salts), in...
36(1) In entry 67 (Bis(pentabromophenyl)ether), the second column is amended...
37In entry 68 (Perfluorooctanoic acid), in the second column, in...
37A(1) In entry 72 of the table (the substances listed...
PART 2The Appendices
38In Appendix 7 (special provisions on the labelling of articles...
39In Appendix 10 (entry 43 – Azocolourants – list of...
40(1) Appendix 12 (entry 72 – restricted substances and maximum...
SCHEDULE 4Amendment of the Test Methods Regulation
1Commission Regulation (EC) No 440/2008 laying down test methods pursuant...
2In Article 2, for “Commission” substitute “ Secretary of State...
3For Article 4 substitute— Article 4 In this Regulation, “Agency”...
4(1) Part B of the Annex (methods for the determination...
5(1) Part C of the Annex (methods for the determination...
SCHEDULE 5Amendment of the Data Sharing Regulation
1Commission Implementing Regulation (EU) 2016/9 on joint submission of data...
2(1) Article 2 is amended as follows.
3In Article 3— (a) in paragraph 2, for “Articles 27(6)...
4In Article 4— (a) in paragraph 1, for “Articles 27(3)...
5In Article 5— (a) in paragraph 1, for “Articles 27(5)...
6Omit Article 6.
SCHEDULE 6Amendment of the Fees and Charges Regulation
1Commission Regulation (EC) No 340/2008 on the fees and charges...
2In Article 1, for “European Chemicals Agency, hereinafter the ‘Agency’,...
3In Article 2, at the end insert— In the application...
4In Article 3(5), omit the second subparagraph.
5In Article 4(5), omit the second subparagraph.
6Omit Article 10.
7(1) Article 11 is amended as follows.
8In Article 12, for “non-Community”, in both places it occurs,...
9(1) Article 13 is amended as follows.
10Omit Articles 14 and 15.
11(1) Article 16 is amended as follows.
12In Article 17(1)— (a) in the first subparagraph, for the...
13In Article 19(2), omit “the Management Board of”.
14In Article 20(1)— (a) in the first subparagraph, omit “the...
15Omit Article 21.
16For Article 22 substitute— Article 22 Amendment of fees and charges...
17Omit Article 23.
18(1) Annex 1 is amended as follows.
19(1) Annex 2 is amended as follows.
20(1) Annex 3 is amended as follows.
21(1) Annex 4 is amended as follows.
22(1) Annex 5 is amended as follows.
23(1) Annex 6 is amended as follows.
24(1) Annex 7 is amended as follows.
25Omit Annex 8.
SCHEDULE 7Amendment of an authorisation under Article 60(4) of the REACH Regulation
1Commission Implementing Decision C(2017) 3439 granting an authorisation for a...
2In Article 3(d), for “competent authority of the Member State...
SCHEDULE 8Revocation of retained direct EU legislation
1The following retained direct EU legislation is revoked—
SCHEDULE 9Amendment of the EEA agreement
1In Annex 2 to the EEA agreement (Technical Regulations, Standards,...
SCHEDULE 10Amendment of the REACH Enforcement Regulations 2008
PART 1Enforcement of requirements under transitional provisions relating to EU exit
1Enforcement of requirements under transitional provisions relating to EU exit
PART 2Other amendments
1AAfter regulation 1 insert— Application These Regulations apply to— (a) England and Wales and Scotland;...
2In regulation 2(2), omit the definition of “competent authority”.
3(1) Regulation 4 is amended as follows.
4In regulation 7(1), omit subparagraph (b) (and the “or” preceding...
5Omit regulation 24(2).
6(1) Schedule 1 (Table of REACH provisions) is amended as...
7In Schedule 4, in paragraph 7— (a) before subparagraph (a)...
SCHEDULE 11Amendment and revocation of subordinate legislation
1The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
2The REACH (Appointment of Competent Authorities) Regulations 2007 : Great Britain
2AThe REACH (Appointment of Competent Authorities) Regulations 2007: Northern Ireland
3The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009

2019 No. 758

Exiting The European Union
Consumer Protection
Environmental Protection
Health And Safety

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

Made

Coming into force in accordance with regulation 1(1)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 3(1) of Schedule 4 to that Act, these Regulations are made with the consent of the Treasury.

In accordance with paragraphs 1(1) and 12(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations:
Marginal Citations
M1

2018 c. 16. See paragraph 2 of Schedule 4 for the meaning of “appropriate authority”.