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Regulation 18(2)

SCHEDULE 2N.I.Defence Exemption Certificates

1.  The Secretary of State may decide that it is necessary in the interests of defence for a person to be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation.N.I.

2.  The Secretary of State may decide to apply the exemption—N.I.

(a)to a person, including the Secretary of State, or a category of persons;

(b)to one or more requirement or prohibition at the same time;

(c)prospectively;

(d)for a limited or unlimited period;

(e)generally or to a particular case;

(f)subject to such limitations and conditions as the Secretary of State sees fit.

3.  A decision by the Secretary of State to apply the exemption must be evidenced in writing by a certificate.N.I.

4.  A certificate—N.I.

(a)must contain sufficient particulars of the persons to whom, and the matters to which, it relates; and

(b)may be varied or revoked in writing.

5.  The Secretary of State may provide to a person who has the benefit of a certificate—N.I.

(a)the certificate;

(b)a copy of it; or

(c)a copy of a relevant extract of the certificate.

6.  A person who claims the benefit of a certificate must produce to the person listed in paragraph 7, when reasonably requested to do so—N.I.

(a)the certificate;

(b)a copy of it made by the Secretary of State; or

(c)a copy made by the Secretary of State of a relevant extract of the certificate.

7.  The persons referred to in paragraph 6 are—N.I.

(a)an enforcing authority;

(b)a competent authority;

(c)the equivalent of an enforcing authority of another Member State;

(d)the European Chemicals Agency.

8.  Unless the contrary is proved—N.I.

(a)a certificate;

(b)a copy of it made by the Secretary of State; or

(c)a copy made by the Secretary of State of a relevant extract of the certificate,

is conclusive evidence of the matters to which it relates.

9.  A person who fails to comply with paragraph 6 shall not be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation in the interests of defence.N.I.