[X1 Article 68 U.K. Introducing new and amending current restrictions
1. When there is an unacceptable risk to human health or the environment, arising from the manufacture, use or placing on the market of substances, F1 ... Annex XVII shall be amended [F2by regulations made by the Secretary of State which provide for the adoption of new restrictions or the amendment of] current restrictions in Annex XVII, for the manufacture, use or placing on the market of substances on their own, in [F3mixtures] or in articles, pursuant to the procedure set out in Articles 69 to 73. [F4In exercising the power to make regulations under this paragraph, the Secretary of State] shall take into account the socio-economic impact of the restriction, including the availability of alternatives.
The first subparagraph shall not apply to the use of a substance as an on-site isolated intermediate.
[F32. For a substance on its own, in a mixture or in an article which meets the criteria for classification in the hazard classes carcinogenicity, germ cell mutagenicity or reproductive toxicity, category 1A or 1B, and could be used by consumers [F5the Secretary of State may propose restrictions. The function of proposing restrictions is subject to the consent requirement in Article 4A. The Secretary of State may, by regulations, amend Annex 17 to give effect to a proposed restriction.] Articles 69 to 73 shall not apply.]
[F63. Regulations under paragraph 2 of this Article are to be made by statutory instrument; and a statutory instrument containing regulations made under paragraph 2 of this Article is subject to annulment in pursuance of a resolution of either House of Parliament.
The function of making regulations under paragraph 2 of this Article is subject to the consent requirement in Article 4A.] ]
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 Words in Art. 68(1) omitted (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 54(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2 Words in Art. 68(1) substituted (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 54(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Substituted by 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 mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance).
F4 Words in Art. 68(1) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 54(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5 Words in Art. 68(2) substituted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 54(3); 2020 c. 1, Sch. 5 para. 1(1)
F6 Art. 68(3) inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 54(4); 2020 c. 1, Sch. 5 para. 1(1)