Regulation (EC) No 1907/2006 of the European Parliament and of the CouncilShow full title

[X1 [F1 Article 127E U.K. Pre-IP completion downstream users and distributors that are to continue to be regarded as downstream users

1. This Article applies in a case where—

(a) a person is—

(i) an existing GB downstream user under EU REACH, or

(ii) an existing GB distributor under EU REACH,

in relation to a substance (the “GB user or distributor”), and

(b) there is a protected transitional import of the substance by the GB user or distributor.

2. There is a protected transitional import of the substance by the GB user or distributor if—

(a) the substance is imported to Great Britain on its own, in a mixture or in an article,

(b) the GB user or distributor is the importer in relation to the import,

(c) the import occurs during the relevant post-IP completion period, and

(d) either—

(i) the person who supplies the substance, mixture or article to the GB user or distributor for the import is a registrant or a downstream user under EU REACH as respects the substance as it is imported (the “relevant supplier”), or

(ii) an only representative appointed under Article 8(1) of EU REACH by the manufacturer, formulator or producer of the substance, mixture or article is a registrant under EU REACH as respects the substance as it is imported.

3. The GB user or distributor is to be treated for the purposes of this Regulation—

(a) as a downstream user as respects any protected transitional imports of the substance by them (if they are an existing GB downstream user under EU REACH), or

(b) as a distributor as respects any protected transitional imports of the substance by them (if they are an existing GB distributor under EU REACH).

4. For the purposes of deciding whether the requirement in paragraph 2(d)(i) is met in relation to a particular import, it does not matter whether the relevant supplier is—

(a) the person from which the GB user or distributor obtained supplies of the substance, mixture or article before IP completion day (and therefore the person in relation to which the GB user was a downstream user or distributor under EU REACH), or

(b) a different person.

5. For the purposes of deciding whether the requirement in paragraph 2(d)(ii) is met in relation to a particular import, it does not matter whether the manufacturer, formulator or producer who has appointed the only representative is—

(a) the person who was the manufacturer, formulator or producer of supplies of the substance, mixture or article which the GB user or distributor obtained before IP completion day, or

(b) a different person.

6. The provisions of this Regulation that apply to importers, including in respect of protected NI imports, do not apply to the GB user or distributor in relation to the protected transitional import of the substance by the GB user or distributor.

7. If the GB user or distributor imports the substance into Great Britain in quantities of 1 to 10 tonnes per year, they must within the 300 day post-IP completion period—

(a) supply the Agency with the information referred to in point (a)(i) of Article 10;

(b) supply the Agency with the information referred to in points (a)(ii) and (iv) of Article 10 to the extent that information is available to the GB user or distributor;

(c) supply the Agency with the information referred to in points (a) to (d) of Article 32(1) and otherwise comply with Article 32;

(d) supply the Agency with the relevant registration number for the substance under EU REACH to the extent that information is available to the GB user or distributor;

(e) supply the Agency with such other evidence as the Agency may require demonstrating that the information supplied in accordance with subparagraph (c) complies with the requirements of Articles 10, 12 and 14 (as they apply to the tonnage of the substance which the GB user or distributor imports into Great Britain by protected transitional imports);

(f) if any part of the import is a protected NI import, notify the Agency of the quantity of the import that is a protected NI import.

8. If the GB user or distributor imports the substance into Great Britain in quantities of 10 tonnes or more per year, they must within the 300 day post-IP completion period—

(a) supply the Agency with the information referred to in point (a)(i) of Article 10;

(b) supply the Agency with the information referred to in points (a)(ii) and (iv) of Article 10 to the extent that information is available to the GB user or distributor;

(c) supply the Agency with the information referred to in—

(i) Article 14(6) to the extent that information is available to the GB user or distributor,

(ii) Article 31, and

(iii) Article 32(1)(a) to (d);

(d) otherwise comply with Articles 14(6), 31 and 32;

(e) supply the Agency with the relevant registration number for the substance under EU REACH to the extent that information is available to the GB user or distributor;

(f) supply the Agency with such other evidence as the Agency may require demonstrating that the information supplied in accordance with subparagraph (c) complies with the requirements of Articles 10, 12 and 14 (as they apply to the tonnage of the substance which the GB user or distributor imports into Great Britain by protected transitional imports);

(g) if any part of the import is a protected NI import, notify the Agency of the quantity of the import that is a protected NI import.

9. The GB user or distributor must provide the Agency with updated information of the kind required by paragraph 7 or 8, in particular where the GB user or distributor begins to import the substance—

(a) from a different relevant supplier, or

(b) from a different manufacturer, formulator or producer who (as described in paragraph 2(d)(ii)) has appointed an only representative that is a registrant under EU REACH.

10. This Article ceases to apply to the GB user or distributor as respects a protected transitional import of the substance by them if they become a registrant or downstream user under this Regulation, or a notification is made under Article 139A, in relation to the substance as so imported by them.

For that purpose, a person is not to be treated as having become a downstream user because they are treated as one in accordance with paragraph 3(a).

11. Paragraphs 7, 8 and 9 are subject to paragraph 3 of Article 127EA and paragraph 6 of Article 127EB.

12. In this Article—

• “ existing GB distributor under EU REACH ” means a person who was, at any time in the 2 year period before IP completion day, a distributor under EU REACH established in Great Britain in relation to a substance on its own, in a mixture or in an article;

• “ existing GB downstream user under EU REACH ” means a person who was, at any time in the 2 year period before IP completion day, a downstream user under EU REACH established in Great Britain in relation to a substance on its own, in a mixture or in an article;

• “ relevant supplier ” has the meaning given in paragraph 2(d)(i);

• “ GB user or distributor ” has the meaning given in paragraph 1(a).] ]

Editorial Information

X1 Substituted 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)