The REACH Enforcement Regulations 2008
| Year | 2008 |
2008 No. 2852
Consumer Protection
Environmental Protection
Health And Safety
The REACH Enforcement Regulations 2008
Made 1st November 2008
Laid before Parliament 10th November 2008
Coming into force 1st December 2008
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to persistent organic pollutants, dangerous substances, preparations and chemicals, makes the following Regulations in exercise of the powers conferred by that section:
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the REACH Enforcement Regulations 2008 and come into force on 1st December 2008.
Interpretation
2.—(1) In these Regulations—
“a listed REACH provision” means a provision of REACH listed in the REACH table;
“REACH” means Regulation (EC) No 1907/2006of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals3;
“the REACH table” means the table in Schedule 1 to these Regulations.
(2) In these Regulations—
“authorised person” means a person authorised by an enforcing authority under regulation 10;
“competent authority” has the same meaning it has in REACH and in respect of the United Kingdom the authorities are—
(a) in England, the Secretary of State;
(b) in Scotland, the Scottish Ministers;
(c) in Wales, the Welsh Ministers;
(d) in Northern Ireland, the Department of Enterprise, Trade and Investment and the Department of the Environment acting alone or jointly; and
(e) in relation to matters outside the competence of a devolved administration or the Assembly, the Secretary of State4;
“devolved administration or the Assembly” means the Scottish Ministers, the Welsh Ministers or the Northern Ireland Assembly;
“enforcement duty” means a duty placed on an enforcing authority under regulation 3;
“enforcing authority” means—
(a) the Department of the Environment;
(b) the Environment Agency;
(c) the Health and Safety Executive;
(d) the Health and Safety Executive for Northern Ireland;
(e) a local (consumer safety) authority;
(f) a local (health and safety) authority;
(g) the Scottish Environment Protection Agency;
(h) the Secretary of State;
“a local (consumer safety) authority” means—
(a) in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
(b) in England outside Greater London, a county council or, in relation to an area for which there is a district council but no county council, the district council, and the Council of the Isles of Scilly;
(c) in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 19725;
(d) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 19946;
(e) in Wales, a county council or county borough council;
“a local (health and safety) authority” means—
(a) in Greater London, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
(b) in England, outside Greater London, a district council or, in relation to an area for which there is a county council but no district council, the county council, and the Council of the Isles of Scilly;
(c) in Northern Ireland, a district council established under section 1 of the Local Government Act (Northern Ireland) 1972;
(d) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
(e) in Wales, a county council or county borough council;
“offshore installation” has the meaning given in section 44(1) of the Petroleum Act 19987and “relevant waters” in relation to such an installation has the meaning given in section 44(4) of that Act;
“Scottish controlled waters” means any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 19748, and in these Regulations, “Scotland” includes such waters.
(3) Other expressions used in these Regulations which are used in REACH have the meaning they bear in REACH.
PART 2
Enforcement
Enforcement
3.—(1) An enforcing authority must enforce a listed REACH provision where it is named against that provision in the REACH table.
(2) The duty in paragraph (1) is subject to the following provisions of this regulation and regulation 6.
(3) The enforcement duty commences—
(a)
(a) except for Article 67 of REACH, on 1st December 2008;
(b)
(b) for Article 67, on 1st June 2009.
(4) Except in relation to—
(a)
(a) an offshore installation; or
(b)
(b) a local (consumer safety) authority or a local (health and safety) authority,
the enforcement duty applies to an enforcing authority in the relevant part or parts of the United Kingdom shown at the head of the column in which the enforcing authority is named in the REACH table.
(5) In relation to an offshore installation, the enforcement duty applies—
(a)
(a) for an installation in relevant waters (except such waters adjacent to Northern Ireland)—
(i) to the Health and Safety Executive; and
(ii) except in Scottish controlled waters, to the Secretary of State,
where they are named under the column heading “Offshore Installations” in the REACH table;
(b)
(b) for an installation in relevant waters adjacent to Northern Ireland—
(i) to the Health and Safety Executive for Northern Ireland; and
(ii) to the Secretary of State,
where they are named under the column heading “Offshore Installations” in the REACH table;
(c)
(c) for an installation in Scottish controlled waters, to the Scottish Environment Protection Agency, where that Agency is named under the column heading “Scotland” in the REACH table.
(6) For a local (consumer safety) authority or a local (health and safety) authority, the enforcement duty applies to the area of that authority.
(7) The enforcement duty applies to an enforcing authority where enforcement of the listed REACH provision is a function of that authority.
(8) The functions of an enforcing authority for the purposes of these Regulations are set out in Schedule 2 (functions of enforcing authorities).
Co-operation and information sharing
4.—(1) An enforcing authority must co-operate with—
(a)
(a) other enforcing authorities;
(b)
(b) a competent authority;
(c)
(c) the equivalent of an enforcing authority in another member State; and
(d)
(d) the European Chemicals Agency,
where this will facilitate compliance with, or the effective enforcement of, REACH in the European Union.
(2) An enforcing authority must disclose to a person referred to in paragraph (1) information it holds in relation to compliance with, or the enforcement of, REACH where it believes—
(a)
(a) it is reasonable for it to make that disclosure; and
(b)
(b) the disclosure will facilitate compliance with, or the effective enforcement of, REACH in the European Union.
(3) The Commissioners for Revenue and Customs may disclose to an enforcing authority information obtained or held by the Commissioners in exercise of their functions in relation to imports—
(a)
(a) where the Commissioners believe it is appropriate to do so to facilitate the exercise of the duty of an enforcing authority under these Regulations; and
(b)
(b) whether or not the information has been requested by the enforcing authority.
Enforcement agreements
5.—(1) This regulation applies to agreements between an enforcing authority (“A”) and another enforcing authority (“B”) intended to facilitate the carrying out of an enforcement duty, or part of it.
(2) A may agree arrangements with B for B to carry out on A’s behalf any matters in relation to an enforcement duty that applies to A.
(3) Where an enforcement duty applies to both A and B, they may agree arrangements for performance of that duty to be divided between them in such a way as they consider to be administratively convenient.
(4) An agreement in respect of the matters in paragraph (2) or (3)—
(a)
(a) may deal with more than one listed REACH provision;
(b)
(b) must be in writing;
(c)
(c) must give sufficient particulars of the matters to which it relates; and
(d)
(d) may be made subject to limitations and conditions.
(5) Such an agreement—
(a)
(a) may be varied in writing by the parties, acting jointly;
(b)
(b) may be revoked by any party on sixty days notice in writing to the other party or parties to the agreement.
Health and safety enforcement
6.—(1) This regulation applies where a local (health and safety) authority and the Executive are jointly under an enforcement duty, whether or not any other enforcing authority is also under an enforcement duty in respect of the same listed REACH provision.
(2) Schedule 3 (health and safety enforcement) has effect.
(3) In circumstances not provided for under Schedule 3, the Executive must perform the joint duty on behalf of a local (health and safety) authority.
(4) The arrangements under Schedule 3 and the arrangement under paragraph (3) may be varied by an enforcement agreement made in accordance with regulation 5.
(5) In this regulation “the Executive” means—
(a)
(a) in Great Britain, the Health and Safety Executive;
(b)
(b) in Northern Ireland, the Health and Safety Executive for Northern Ireland.
PART 3
Exemptions
Defence
7.—(1) A person is exempt from compliance with a listed REACH provision if that person—
(a)
(a) has the benefit of a defence exemption certificate made by the Secretary of State in respect of that provision; or
(b)
(b) can demonstrate that the appropriate authorities of another member State have exempted that person from compliance in the interests of defence.
(2) Schedule 4 (defence exemption certificates) has effect.
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