1. The Secretary of State must decide an existing application for an EU authorisation (as mentioned in Article 64(8)) if—
(a) the application—
(i) is at the final decision stage on IP completion day,
(ii) has the relevant connection with Great Britain; and
(b) the person who made the application—
(i) notifies the Secretary of State of the existence of the application,
(ii) provides the Secretary of State with copies of the application, the information included in it under Article 62(4) and (5) of EU REACH, and any other information provided to ECHA by the applicant for the authorisation which was material to the formation of ECHA's opinion in relation to the application for the authorisation, and
(iii) provides the Secretary of State with copies of the final opinions of ECHA referred to in Article 64(5) of EU REACH.
2. An application for an EU authorisation is at the final decision stage if—
(a) ECHA has adopted the final opinions referred to in Article 64(5) of EU REACH, but
(b) the Commission has not made a final decision granting or refusing the application.
3. An application for an EU authorisation has the relevant connection with Great Britain if the person making the application is established in Great Britain.
4. The period of six months for the Secretary of State to make an authorisation decision in accordance with Article 64(8) of this Regulation begins with the day on which paragraph 1(b) is complied with.
5. Where, immediately before IP completion day, a person may place a substance on the market for a use or use it himself in reliance on Article 56(1)(d) of EU REACH, the person may continue to do so on and after IP completion day in reliance on Article 56(1)(d) of this Regulation.
But this paragraph ceases to apply at the end of the 180 day post-IP completion period if the person does not comply with paragraph 1(b) of this Article before the end of that period.
6. In this Article “ existing application for an EU authorisation ” means an application made before IP completion day for the grant of an authorisation in accordance with Articles 60 to 64 of EU REACH.] ]
Editorial Information
X1Substituted by Corrigendum to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Official Journal of the European Union L 396 of 30 December 2006).
Textual Amendments
F1 Title 14A inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 2 (as amended by S.I. 2019/858, regs. 1, 4 (as amended by S.I. 2020/1577, regs. 1(1)(a), 12(2)); S.I. 2019/1144, regs. 1, 4 (as amended by S.I. 2020/1577, regs. 1(1)(a), 13(2)); S.I. 2020/1313, regs. 1(3), 6; S.I. 2020/1577, regs. 1(1)(b), 5); 2020 c. 1, Sch. 5 para. 1(1)