[X1 [F1TITLE 14A U.K. EU WITHDRAWAL: TRANSITIONAL PROVISION

Article 127B U.K. Application of this Regulation to transferred GB registrations

1. The other Titles of this Regulation apply to a transferred GB registration as they would apply to the registration—

(a) if it had been submitted on IP completion day to the Agency under Article 6 or 7(1) or (5) (as the case may be);

(b) in a case where the existing EU registration came into existence by virtue of Article 24(1) of EU REACH, if it had been submitted on IP completion day to the Agency under Article 6.

Accordingly, no registration under that Article needs to be submitted.

2. But, in their application to the transferred GB registration, the other Titles of this Regulation have effect with the modifications set out in the following provisions of this Article.

3. In the case of—

(a) a transferred GB registration under Article 6, no fee is payable under Article 6(4);

(b) a transferred GB registration under Article 7, no fee is payable under Article 7(1) or (5).

4. The registrant must submit—

(a) the Article 10 information referred to in Article 10(a)(i), (ii), and (iii), and any relevant indication under Article 10(a)(viii), to the Agency within the 120 day post-IP completion period;

(b) the other Article 10 information to the Agency within the relevant post-IP completion period.

Where the existing EU registration existed by virtue of Article 24(1) of EU REACH, the duty under this paragraph does not apply in relation to a transferred GB registration unless Article 24(2) applied in relation to the notified substance concerned before IP completion day.

5. The technical dossier that is submitted in accordance with point (a) in Article 10 does not need to include the proposals for testing mentioned in paragraph (ix) if, before IP completion day, ECHA has made a decision under Article 40(3) of EU REACH in relation to the testing proposals included in the technical dossier that was included in the existing EU registration.

For further provision about certain cases where there is an existing EU decision on a testing proposal, see Article 127I.

6. The registrant must submit the registration number and registration date assigned to the existing EU registration by ECHA in accordance with Article 20(3) of EU REACH, and such other evidence as the Agency may require of the existing EU registration, to the Agency within the 120 day post-IP completion period.

7. Article 20 has effect with the following provision substituted for paragraphs 1 to 3—

“1. The Agency must assign a submission date to each transferred GB registration, which must be the date on which the registrant complies with paragraph 4(a) or (b) of Article 127B.

2. The Agency may undertake a completeness check of each registration in order to ascertain that all the elements required under Articles 10 and 12 have been provided. The completeness check must not include an assessment of the quality or the adequacy of any data or justifications submitted.

If a registration is incomplete, the Agency must inform the registrant as to what further information is required in order for the registration to be complete, while setting a reasonable deadline for this. The registrant must complete his registration and submit it to the Agency within the deadline set. The Agency must confirm the submission date of the further information to the registrant. The Agency must perform a further completeness check, considering the further information submitted.

3. Once the registrant has complied with paragraph 4(a) of Article 127B, the Agency must assign a registration number to the substance concerned and a registration date, which must be the same as the registration date for the existing EU registration.” .

8. Article 21 has effect with the following provision substituted for the first subparagraph of paragraph 1—

“1. A registrant of a transferred GB registration may continue the manufacture or import of a substance or production or import of an article from IP completion day, subject to any indication to the contrary from the Agency in accordance with Article 20(2).” .

9. The Agency is not required by Article 41(5) to carry out compliance checking of dossiers relating to transferred GB registrations in the tonnage bands of over 100 to 1,000 tonnes or over 1,000 tonnes.

10. The reference in Article 43(1) to the preparation of a draft decision within 180 days of receiving a registration has effect as a reference to the preparation of a draft decision within 180 days of receipt of the information required by Article 10(a)(ix) under paragraph 4.] ]

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