This Statutory Instrument has been printed to correct errors in S.I. 2019/720 as amended by S.I. 2020/1567 and S.I. 2021/33 and is being issued free of charge to all known recipients of those Statutory Instruments.
Draft Regulations laid before Parliament under paragraph 4(1) of Schedule 2 to the Trade Act 2021 and paragraphs 1(1), 8F(1), 12(1) and 38(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 for approval by resolution of each House of Parliament.
2022 No.
The Chemicals (Health and Safety) Trade and Miscellaneous Amendments Regulations 2022
Made
Coming into force
The Secretary of State makes the following Regulations, in exercise of powers conferred by section 2 of the Trade Act 20211, by section 8(1) and 8C(1) of, and paragraph 7 of Schedule 4 to, the European Union (Withdrawal) Act 20182, and by section 41(1) of the European Union (Withdrawal Agreement) Act 20203.
In accordance with paragraph 4(1) of Schedule 2 to the Trade Act 2021, and paragraphs 1(1), 8F(1), 12(1) and 38(2)4 of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1GENERAL
Citation and commencement1
1
These Regulations may be cited as the Chemicals (Health and Safety) Trade and Miscellaneous Amendments Regulations 2022.
2
These Regulations come into force on the 22nd day after the day on which they are made.
Extent2
1
This Part and Part 2 extend to England and Wales, Northern Ireland and Scotland.
2
An amendment made by Part 3 and Part 4 has the same extent as the provision amended.
PART 2TRADE
Disclosure of chemical trade and safety information within UK3
1
This regulation applies to information which relates to the trade in or safety of chemicals supplied by a relevant trading partner, or such person as a relevant trading partner may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of the EEA EFTA Agreement (including any annex to such agreement).
2
The Executive may disclose that information for a permitted purpose.
3
The following are the “permitted purposes” for the purpose of paragraph (2)—
a
to ensure health and safety;
b
to ensure protection of consumers;
c
to ensure protection of the environment.
4
A person who receives information as a result of paragraph (2) may—
a
use the information for a permitted purpose, or
b
further disclose that information with the consent of the Executive.
5
A person who receives the information following consent by the Executive under sub-paragraph 4(b) may use or disclose the information in accordance with paragraph (4).
Disclosure of chemical trade and safety information to a relevant trading partner4
1
This regulation applies to information held by the Executive which relates to the trade in or safety of chemicals.
2
The Executive may disclose information to a relevant trading partner, or such person as the relevant trading partner may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of the EEA EFTA Agreement (including any annex to such agreement).
General provisions about disclosure of chemical trade and safety information5
1
Nothing in regulation 3 or 4 limits the circumstances in which information may be disclosed under any other enactment or rule of law.
2
A disclosure under regulation 3 or 4 does not breach—
a
any obligation of confidence owed by the Executive, or
b
any other restriction on the disclosure of that information (however imposed).
3
Nothing in this regulation, or regulation 3 and 4, authorises a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, regulation 3 and 4 of these Regulations should be taken into account).
Interpretation of regulations 3 to 56
In regulations 3 to 5—
“data protection legislation” has the same meaning as in the Data Protection Act 20185;
“EEA EFTA Agreement” means the Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland6;
“relevant trading partner” means a Party, other than the United Kingdom, to the EEA EFTA Agreement;
“the Executive” means the Health and Safety Executive7.
PART 3AMENDMENTS TO RETAINED DIRECT EU LEGISLATION
Regulation (EC) No 1272/20087
1
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures8 is amended as follows.
2
In Article 21(3), omit “in that Part”.
3
In Article 53—
a
in paragraph 1,
i
from “The Commission” to “amending” substitute “The Secretary of State may by regulations amend”;
ii
omit from “Where imperative” to “this paragraph”.
b
omit paragraph 2.
4
Omit Article 53a (Exercise of the delegation).
5
Omit Article 53b (Urgency procedure).
6
Omit Article 53c (Separate delegated acts for different delegated powers).
Regulation (EU) No 649/20128
1
Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (recast)9 is amended as follows.
2
In Article 3(16), substitute—
“export” means:
- a
the export of a chemical made in accordance with sections 33(4), 35 or 36 of the Taxation (Cross-border Trade) Act 201810;
- b
the removal of a chemical from Great Britain to Northern Ireland; or
- c
the export of a chemical where the chemicals are, 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 Great Britain..
Regulation (EU) No 528/20129
1
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 products11 is amended as follows.
2
In Article 2(3), omit “or other Union legislation”.
3
In Article 64(2), omit “, as applicable”12.
Commission Delegated Regulation (EU) No 1062/201410
1
Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council13 is amended as follows.
2
In the heading of Article 5, for “category 6” substitute “category B”
.
3
In Article 5(1), for “category 6” substitute “category B”
.
4
In Article 6(7)(a), for “UK mandatory classification” substitute “GB mandatory classification”
.
5
In Article 20, omit “the third subparagraph of”.
6
In Article 22—
a
in paragraph (1), for “point (a)(ii) of Article 89(7)” substitute “Article 89(8)”
;
b
in paragraph (3), omit “point (a)(ii) of”14.
Commission Implementing Regulation (EU) No 88/201411
1
Commission Implementing Regulation (EU) No 88/2014 of 31 January 2014 specifying a procedure for the amendment of Annex I to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products15 is amended as follows.
2
In Article 1(a), for “category 1, 2, 3, 4, 5 or 6” substitute “category A or category B”
.
3
In Article 3(2), for “category 6” substitute “category B”
.
4
In Article 4, in both places it occurs—
a
for “category 1, 2, 3, 4 or 5” substitute “category A”
;
b
for “category 6” substitute “category B”
.
5
In Annex I—
a
in Part A, including the heading, in both places it occurs for “category 1, 2, 3, 4 or 5” substitute “category A”
;
b
in Part B, including the heading, in both places it occurs for “category 6” substitute “category B”
.
PART 4DOMESTIC LEGISLATION
Plant Protection Product (Fees and Charges) Regulations 201112
1
The Plant Protection Product (Fees and Charges) Regulations 201116 are amended as follows.
2
In regulation 2, in both places it occurs, for “EU law” substitute “Northern Ireland by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement”
.
Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 201313
1
The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 201317 are amended as follows.
2
In regulation 4(1), in paragraph (b) of the definition of the PIC Regulation, for “EU law” substitute “Northern Ireland by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement”
.
3
In paragraph 1 of Schedule 2, in the definition of “plant protection product”, for “exit day” substitute “IP completion day”
.
4
In paragraph 11 of Schedule 2, for “exit day” substitute “IP completion day”
.
Health and Safety and Nuclear (Fees) Regulations 202114
1
The Health and Safety and Nuclear (Fees) Regulations 202118 are amended as follows.
2
In regulation 21—
a
omit paragraph (1);
b
in paragraph (2)(a), omit “and”;
c
after paragraph (2)(b) insert—
c
work it carries out in order to evaluate an application for a change to an authorised product under Regulation 354/2013; and
d
work it carries out to determine an application to be a participant for the review of an active substance/product-type combination under Article 17 of Regulation 1062/2014.
d
in paragraph (12), after the definition of “competent authority”, insert—
“Regulation 354/2013” means Commission Implementing Regulation (EU) No 354/2013 of 18 April 2013 on changes of biocidal products authorised in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council;
“Regulation 1062/2014” means Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council.
(This note is not part of the Regulations)