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

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Regulation 7

SCHEDULE 5U.K.Amendment of the Data Sharing Regulation

This schedule has no associated Explanatory Memorandum

1.  Commission Implementing Regulation (EU) 2016/9 on joint submission of data and data-sharing in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is amended in accordance with this Schedule.U.K.

Commencement Information

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

2.—(1) Article 2 is amended as follows.U.K.

(2) In paragraph 1, omit “or participants in a Substance Information Exchange Forum (SIEF)”.

(3) In paragraph 2—

(a)in the first subparagraph—

(i)for “already exists on the date of entry into force of this Regulation” substitute “ existed before 25 January 2016 ”;

(ii)after “paragraph 1.” insert “ A waiver under Article 2(2) of the EU Implementing Regulation which is in effect immediately before [F1IP completion day] has effect on and after [F1IP completion day] as a waiver under this Article of this Regulation (and here “EU Implementing Regulation” means Commission Implementing Regulation (EU) 2016/9 as it has effect in EU law). ”;

(b)in the second subparagraph, for “Articles 27 and 30” substitute “ Article 27 ”;

(c)in the third subparagraph—

(i)in point (a), for “after the date of entry into force of this Regulation” substitute “ on or after 25 January 2016 ”;

(ii)in point (b), for the words from “the date” to the end substitute “ 25 January 2016, that is requested ”.

(4) In paragraph 3—

(a)in the third subparagraph, for “the entry into force of this Regulation” substitute “ 25 January 2016 ”;

(b)in the fourth subparagraph, after “of a study” insert “ (whether to ECHA or the Agency) ”;

(c)after the fourth subparagraph, insert—

In this paragraph the term “ECHA” has the same meaning as in Regulation (EC) No 1907/2006..

Textual Amendments

F1Words in Sch. 5 substituted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 6(2)

Commencement Information

I2Sch. 5 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

3.  In Article 3—U.K.

(a)in paragraph 2, for “Articles 27(6) and 30(3)” substitute “ Article 27(6) ”;

(b)in paragraph 3, for “Articles 26 or 29” substitute “ Article 26 ”.

Commencement Information

I3Sch. 5 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

4.  In Article 4—U.K.

(a)in paragraph 1, for “Articles 27(3) and 30(1)” substitute “ Article 27(3) ”;

(b)in paragraph 3, for “Articles 27 and 30” substitute “ Article 27 ”;

(c)in paragraph 5, in the first subparagraph—

(i)for “already exists on the date of entry into force of this Regulation” substitute “ existed before 25 January 2016 ”;

(ii)after “model.” insert—

A waiver under Article 4(5) of the EU Implementing Regulation which is in effect immediately before [F1IP completion day] has effect on and after [F1IP completion day] as a waiver under this Article of this Regulation (and here “EU Implementing Regulation” means Commission Implementing Regulation (EU) 2016/9 as it has effect in EU law)..

Textual Amendments

F1Words in Sch. 5 substituted (31.12.2020 immediately before IP completion day) by The Environment (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1313), regs. 1(3), 6(2)

Commencement Information

I4Sch. 5 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

5.  In Article 5—U.K.

(a)in paragraph 1, for “Articles 27(5) and 30(3)” substitute “ Article 27(5) ”;

(b)omit paragraph 2.

Commencement Information

I5Sch. 5 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

6.  Omit Article 6.U.K.

Commencement Information

I6Sch. 5 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

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