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

Enforcement of requirements under transitional provisions relating to EU exit E+W+S

1.—(1) In regulation 2(1)—

(a) in the definition of “a listed REACH provision”, for “the REACH table” substitute “ a REACH table ”;

(b) for the definition of “the REACH table” substitute—

““a REACH table” means—

(a) the table in Schedule 1 to these Regulations, F1 ...

(b) the table in Schedule 1A to these [F2 Regulations, or]

[F3 (c) the table in Schedule 1B to these Regulations;]

“the relevant REACH table” means—

(a) in relation to a listed REACH provision, the REACH table in which that REACH provision is listed;

(b) in relation to an enforcement duty, the REACH table under which that enforcement duty arises.”

[F4 (2) In regulation 3—

(a) for “REACH table”, in each place it occurs, substitute “relevant REACH table”.

(c) in paragraph 5—

(i) in subparagraph (a), for “adjacent to Northern Ireland” substitute “within the seaward limits of the territorial sea adjacent to Northern Ireland”;

(ii) omit subparagraph (b).]

(3) In regulation 3A(1), for “in any column” to the end substitute “ against any listed REACH provision in any column of the relevant REACH table ”.

(4) In the title of Schedule 1, after “of” insert “ General ”.

(5) After Schedule 1 insert—

Regulation 2(1)

“SCHEDULE 1A E+W+S Table of REACH transitional provisions relating to EU exit

Provision of REACH	Subject matter	Enforcing authority
		England and Wales	Scotland	F5 ...	Offshore installations
Article 127B(4) and (6).	Requirement to supply information to the Agency where existing EU registration becomes [F6 GB] registration.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127C(3).	Requirement to supply information to the Agency about existing ECHA decisions.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127E [F8 (7), (8) and (9)].	Requirement to supply information to the Agency where importer continues to be regarded as downstream user.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127F(1).	Requirement to supply technical information to the Agency where existing EU authorisation becomes [F9 GB] authorisation.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127H(4).	Requirement to supply information to the Agency where authorised downstream user continues to be regarded as such.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127J(2).	Requirement to supply information where a notification was given under Article 7(2) of EU REACH.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127K(4).	Requirement to notify Agency and supply information to it where exemption under Article 9 of EU REACH continues to have effect.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127L(3) and (5).	Requirement to supply information to the Agency where registration under Article 17 of EU REACH continues to have effect.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...
Article 127M(3) and (5).	Requirement to supply information to the Agency where registration under Article 18 of EU REACH continues to have effect.	The Health and Safety Executive.	The Health and Safety Executive.	F5 . . .	The Health and Safety Executive. F7 ...”

[F10 (6) After Schedule 1A insert—

Regulation 2(1)

“SCHEDULE 1B E+W+S

Table of REACH provisions relating to protected NI imports

Provision of REACH	Subject matter	Enforcing authority
		England and Wales	Scotland	Offshore installations
Article 139A(6), (7) and (8).	Requirement to supply information to the Agency in respect of a protected NI import.	The Health and Safety Executive.	The Health and Safety Executive.	The Health and Safety Executive. ”.]

Textual Amendments

F1 Word in Sch. 10 para. 1(1)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(2)(a)

F2 Words in Sch. 10 para. 1(1)(b) substituted (31.12.2020 immediately before IP completion day) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(2)(b)

F3 Words in Sch. 10 para. 1(1)(b) inserted (31.12.2020 immediately before IP completion day) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(2)(c)

F4 Sch. 10 para. 1(2) substituted (31.12.2020 immediately before IP completion day) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(3)

F5 Words in Sch. 10 para. 1(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(4)(a)

F6 Word in Sch. 10 para. 1(5) substituted (31.12.2020 immediately before IP completion day) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(4)(c)

F7 Words in Sch. 10 para. 1(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(4)(b)

F8 Words in Sch. 10 substituted (31.12.2020 immediately before S.I. 2020/1577, Pt. 2 comes into force) by The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/858), regs. 1, 5(3) (as amended by S.I. 2020/1577, regs. 1(1)(a), 12(2))

F9 Word in Sch. 10 para. 1(5) substituted (31.12.2020 immediately before IP completion day) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(4)(d)

F10 Sch. 10 para. 1(6) inserted (31.12.2020 immediately before IP completion day) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 10(5)

Commencement Information

I1 Sch. 10 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)