The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

Document Number:2019 No. 858
 
FREE EXCERPT

Statutory Instruments

Exiting The European Union

Consumer Protection

Environmental Protection

Health And Safety

Sift requirements satisfied

9 th April 2019

Made

11 th April 2019

Laid before Parliament

12 th April 2019

Coming into force in accordance with regulation 1

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

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

  1. These Regulations may be cited as the REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 and come into force immediately before exit day.

    Amendment of the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

  2. The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019(2) are amended in accordance with regulations 3 to 5.

    Amendment of regulation 12

  3. In regulation 12 , for “(Enforcement)”, in both places it occurs (including the heading) , substitute “Enforcement”.

    Amendment of Schedule 2

  4. —(1) Schedule 2 (transitional provision) is amended in accordance with this regulation.

    (2) For the inserted Article 127 E substitute—

    “Article 127 EPre-exit downstream users and distributors that are to continue to be regarded as downstream users

  5. This Article applies in a case where—

    (a) a person is—

    (i) an existing UK downstream user under EU REACH, or

    (ii) an existing UK distributor under EU REACH,

    in relation to a substance (the “UK user or distributor”) , and

    (b) there is a protected transitional import of the substance by the UK user or distributor.

  6. There is a protected transitional import of the substance by the UK user or distributor if—

    (a) the substance is imported to the United Kingdom on its own, in a mixture or in an article,

    (b) the UK user or distributor is the importer in relation to the import,

    (c) the import occurs during the 2 year post-exit period, and

    (d) either—

    (i) the person who supplies the substance, mixture or article to the UK user or distributor for the import is a registrant or a downstream user under EU REACH as respects the substance as it is imported (the “relevant supplier”) , or

    (ii) an only representative appointed under Article 8(1) of EU REACH by the manufacturer, formulator or producer of the substance, mixture or article is a registrant under EU REACH as respects the substance as it is imported.

  7. The UK user or distributor is to be treated for the purposes of this Regulation—

    (a) as a downstream user as respects any protected transitional imports of the substance by them (if they are an existing UK downstream user under EU REACH) , or

    (b) as a distributor as respects any protected transitional imports of the substance by them (if they are an existing UK...

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