The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

Regulation (EU) No 649/2012

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

(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 “the UK PIC list”.

(5) In point (8)—

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

(b) in the second sentence, for “Union” substitute “United Kingdom”;

(c) for “Annex I” substitute “the UK PIC list”.

(6) In point (9)—

(a) before “Annex III” insert “both”;

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

(7) In point (10)—

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

(b) in point (b), for “Union” substitute “United Kingdom”.

(8) In point (11)—

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

(b) in point (b), for “Union” substitute “United Kingdom”.

(9) Omit point (12).

(10) Omit point (15).

(11) For point (16) substitute—

“(16) ‘export’ means the export of chemicals from the United Kingdom:

(a) made in accordance with section 35 or 36 of the Taxation (Cross-border Trade) Act 2018(1); 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 the United Kingdom.”

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

(13) In point (18)—

(a) in points (a) and (b) for “customs territory of the Union” substitute “United Kingdom”;

(b) in point (c) for “Union”, in both places it occurs, substitute “United Kingdom”.

(14) In point (19), for “customs territory of the Union” substitute “United Kingdom”.

(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(2) 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) ‘UK PIC list’ means the list established and maintained in accordance with Articles 7 and 23.”

(1)

2018 c. 22.

(2)

S.I. 2013/1506.