The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

Regulation 8

SCHEDULE 6 Amendment of the Fees and Charges Regulation

1.  Commission Regulation (EC) No 340/2008 on the fees and charges payable to the European Chemicals Agency is amended in accordance with this Schedule.

2.  In Article 1, for “European Chemicals Agency, hereinafter the ‘Agency’, as provided for in” substitute “Agency, within the meaning of”.

3.  In Article 2, at the end insert—

“In the application of Recommendation 2003/361/EC for the purposes of this Regulation, the Annex to that Recommendation has effect with the following modifications:

(a) in Article 2(1)—

(i) the reference to EUR 50 million has effect as a reference to £43.650 million;

(ii) the reference to EUR 43 million has effect as a reference to £37.539 million;

(b) in Article 2(2) the reference to EUR 10 million has effect as a reference to £8.730 million;

(c) in Article 2(3) the reference to EUR 2 million has effect as a reference to £1.746 million;

(d) in Article 3(2)—

(i) in point (a), the reference to EUR 1,250,000 has effect as a reference to £1,091,250;

(ii) in point (d), the reference to EUR 10 million has effect as a reference to £8.730 million.”.

4.  In Article 3(5), omit the second subparagraph.

5.  In Article 4(5), omit the second subparagraph.

6.  Omit Article 10.

7.—(1) Article 11 is amended as follows.

(2) In paragraph 1—

(a) in the second subparagraph, omit the words from “and for” to “1907/2006”;

(b) in the third subparagraph, omit “Executive Director of the”.

(3) In paragraph 5—

(a) omit “the Management Board of”;

(b) for “Commission” substitute “Secretary of State”;

(c) at the end insert—

“The function of the Secretary of State under this paragraph is subject to the consent requirement in Article 4A of Regulation (EC) No 1907/2006.”.

8.  In Article 12, for “non-Community”, in both places it occurs, substitute “non-United Kingdom”.

9.—(1) Article 13 is amended as follows.

(2) In paragraph 1, for “3 to 10” substitute “3 to 9”.

(3) In paragraph 3, in the second subparagraph—

(a) for “one of the official languages of the Union” substitute “English”;

(b) for “any of those official languages” substitute “English”.

10.  Omit Articles 14 and 15.

11.—(1) Article 16 is amended as follows.

(2) In paragraph 1, for “euro” substitute “sterling”.

(3) In paragraph 2, omit “, with the exception of payments due under Article 10”.

12.  In Article 17(1)—

(a) in the first subparagraph, for the words from “invoice” to “Article 10.” substitute “submission number assigned by the Agency under Article 20 of Regulation (EC) No 1907/2006.”;

(b) omit the second subparagraph.

13.  In Article 19(2), omit “the Management Board of”.

14.  In Article 20(1)—

(a) in the first subparagraph, omit “the Executive Director of”;

(b) in the second subparagraph, for “EUR 100” substitute “£87”.

15.  Omit Article 21.

16.  For Article 22 substitute—

“Article 22 Amendment of fees and charges

1.   The Secretary of State may, by regulations, amend this Regulation so as to alter the fees and charges provided for in it if the Secretary of State considers that the alterations are appropriate having regard to—

(a) the change in the relevant prices index, and

(b) the costs of the Agency (taking one year with another).

2.   Regulations under this Article are to be made by statutory instrument.

A statutory instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State must consult the other appropriate authorities before making regulations under this Article.

3.   In this Article—

(a) “appropriate authority” has the same meaning as in Article 3 of Regulation (EC) No 1907/2006;

(b) “relevant prices index” means—

(i) the all items consumer prices index published by the Statistics Board, or

(ii) if that index ceases to be available, such other similar general index of prices which the Secretary of State considers appropriate to use for the purposes of this Article.”.

17.  Omit Article 23.

18.—(1) Annex 1 is amended as follows.

(2) In Table 1, for the entries which set out the fees substitute—

“£1,518	£1,138
£4,080	£3,061
£10,913	£8,185
£29,419	£22,064”.

(3) In Table 2, for the entries which set out the fees substitute—

“£987	£740	£532	£399	£76	£57
£2,652	£1,990	£1,428	£1,071	£204	£153
£7,094	£5,320	£3,819	£2,865	£546	£409
£19,122	£14,342	£10,297	£7,723	£1,471	£1,103”.

19.—(1) Annex 2 is amended as follows.

(2) In Table 1, for the entries which set out the fees substitute—

“£1,518

£1,138”.

(3) In Table 2, for the entries which set out the fees substitute—

“£987

£740

£532

£399

£76

£57”.

20.—(1) Annex 3 is amended as follows.

(2) In Table 1, for the entries which set out the fees substitute—

“£2,562	£1,921
£9,395	£7,046
£27,901	£20,926
£6,833	£5,125
£25,339	£19,003
£18,506	£13,879”.

(3) In Table 2, for the entries which set out the fees substitute—

“£1,666	£1,249	£897	£672	£128	£96
£6,107	£4,580	£3,289	£2,466	£470	£353
£18,136	£13,601	£9,765	£7,324	£1,395	£1,046
£4,441	£3,331	£2,391	£1,794	£341	£257
£16,470	£12,353	£8,869	£6,651	£1,267	£950
£12,029	£9,022	£6,477	£4,857	£925	£694”.

(4) In Table 3—

(a) for “EUR 1 631” in the first place (the fee for a change in the identity of the registrant involving a change in legal personality) substitute “£1,424”;

(b) for the entries which set out the other fees substitute—

“£4,271	£3,203
£1,424	£1,068
£4,271	£3,203
£2,847	£2,135
£1,424	£1,068
£1,424	£1,068
£1,424	£1,068”.

(5) In Table 4—

(a) for the first three entries which set out fees (fees for changes of identity of the registrant involving a change in legal personality) substitute—

“£925

£498

£72”.

(b) for the other entries which set out fees substitute—

“£2,776	£2,082	£1,495	£1,121	£214	£160
£925	£694	£498	£374	£72	£53
£2,776	£2,082	£1,495	£1,121	£214	£160
£1,851	£1,388	£996	£747	£142	£107
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53”.

21.—(1) Annex 4 is amended as follows.

(2) In Table 1, for the entries which set out the fees substitute—

“£4,271	£3,203
£1,424	£1,068
£4,271	£3,203
£2,847	£2,135
£1,424	£1,068
£1,424	£1,068
£1,424	£1,068”.

(3) In Table 2, for the entries which set out the fees substitute—

“£2,776	£2,082	£1,495	£1,121	£214	£160
£925	£694	£498	£374	£72	£53
£2,776	£2,082	£1,495	£1,121	£214	£160
£1,851	£1,388	£996	£747	£142	£107
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53”.

22.—(1) Annex 5 is amended as follows.

(2) In Table 1, for the entries which set out the fees substitute—

“£475

£308

£166

£24”.

(3) In Table 2, for the entries which set out the charges substitute—

“£949

£617

£332

£47”.

23.—(1) Annex 6 is amended as follows.

(2) In Table 1, for the entries which set out the fees substitute—

“£47,229

£9,446

£42,506”.

(3) In Table 2, for the entries which set out the fees substitute—

“£35,422

£7,084

£31,880”.

(4) In Table 3, for the entries which set out the fees substitute—

“£21,253

£4,251

£19,128”.

(5) In Table 4, for the entries which set out the fees substitute—

“£4,723

£945

£4,251”.

24.—(1) Annex 7 is amended as follows.

(2) In Table 1, for the entries which set out the charges substitute—

“£47,229

£9,446

£42,506”.

(3) In Table 2, for the entries which set out the charges substitute—

“£35,422

£7,084

£31,880”.

(4) In Table 3, for the entries which set out the charges substitute—

“£21,253

£4,251

£19,128”.

(5) In Table 4, for the entries which set out the charges substitute—

“£4,723

£945

£4,251”.

25.  Omit Annex 8.