1. Paragraphs 2 and 3 apply where—
(a) immediately before IP completion day, a substance is included in Annex 14 to EU REACH;
(b) the EU latest application date fell before or during the relevant pre-IP completion period;
(c) the EU sunset date fell during the relevant pre-IP completion period;
(d) before the EU latest application date, an application had been made for the grant of an authorisation in accordance with Articles 60 to 64 of EU REACH in relation to the substance (the “authorisation application”); and
(e) immediately before IP completion day, the authorisation application was still under consideration (see paragraph 11).
2. Where, immediately before IP completion day, a person established in Great Britain may place the substance on the market or use it himself in reliance on Article 56(1)(d) of EU REACH by virtue of the authorisation application having been made, this Regulation has effect subject to the modifications set out in paragraph 3.
3. As respects that person placing the substance on the market or using it himself on and after IP completion day—
(a) the GB latest application date, and
(b) the GB sunset date,
both fall on the transitional cut-off date (rather than on the dates specified in Annex 14 for that substance).
4. Paragraphs 5 and 6 apply where—
(a) immediately before IP completion day, a substance is included in Annex 14 to EU REACH;
(b) the EU latest application date fell during the relevant pre-IP completion period;
(c) the EU sunset date falls after the end of that period;
(d) before the EU latest application date, an application had been made for the grant of an authorisation in accordance with Articles 60 to 64 of EU REACH in relation to the substance (the “authorisation application”); and
(e) immediately before IP completion day, the authorisation application was still under consideration (see paragraph 11).
5. Where, on and after the GB sunset date, a person established in Great Britain would be able to place the substance on the market or use it himself in reliance on Article 56(1)(d) of this Regulation had the authorisation application been made under this Regulation, this Regulation has effect subject to the modifications set out in paragraph 6.
6. As respects that person placing the substance on the market or using it himself on and after IP completion day—
(a) the GB latest application date, and
(b) the GB sunset date,
both fall on the transitional cut-off date (rather than on the dates specified in Annex 14 for that substance).
The effect of this paragraph is to be ignored in reading the reference to the GB sunset date in paragraph 5.
7. Paragraph 8 applies where—
(a) immediately before IP completion day, a substance is included in Annex 14 to EU REACH; and
(b) the GB latest application date falls during the 18 month post-IP completion period.
8. As respects a person established in Great Britain placing the substance on the market or using it himself on and after IP completion day, the GB latest application date falls on the transitional cut-off date (rather than on the date specified in Annex 14 for that substance).
9. Where paragraph 3, 6 or 8 modifies this Regulation, Article 56(1) has effect with the following provision substituted for point (d)—
“(d) the GB sunset date (within the meaning of Article 127GA) has been reached and he made an application before the GB latest application date (within the meaning of Article 127GA) but a decision on the application for authorisation has not yet been taken; or” .
10. Where paragraph 3 or 6 modifies the date that is the GB sunset date, any reference in this Regulation to the date of the kind referred to in Article 58(1)(c)(i) has effect subject to the modification made by paragraph 3 or 6.
11. For the purposes of paragraph 1(e) or 4(e), the authorisation application is “still under consideration” unless—
(a) the Commission has made a final decision granting or refusing the authorisation application, or
(b) the authorisation application—
(i) has the relevant connection with Great Britain (within the meaning of Article 127G), and
(ii) is at the final decision stage (within the meaning of Article 127G).
12. In this Article—
“ EU latest application date ”, in relation to a substance, means the date of the kind referred to in Article 58(1)(c)(ii) of EU REACH that is specified in Annex 14 to EU REACH in relation to the substance;
“ EU sunset date ”, in relation to a substance, means the date of the kind referred to in Article 58(1)(c)(i) of EU REACH that is specified in Annex 14 to EU REACH in relation to the substance;
“ relevant pre-IP completion period ” means the period that—
begins with 29 March 2017, and
ends immediately before IP completion day;
“ transitional cut-off date ” means the last day of the 18 month post-IP completion period;
“ GB latest application date ”, in relation to a substance, means the date of the kind referred to in Article 58(1)(c)(ii) of this Regulation that is specified in Annex 14 to this Regulation in relation to the substance;
“ GB sunset date ”, in relation to a substance, means the date of the kind referred to in Article 58(1)(c)(i) of this Regulation that is specified in Annex 14 to this Regulation in relation to the substance;
“ 18 month post-IP completion period ” means the period of 18 months beginning with the day after that on which IP completion day falls.] ]
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)