The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020

The regulations

15.—(1) After regulation 1 insert—

“Application

1A.   These Regulations apply to Northern Ireland, including offshore installations in relevant waters within the seaward limits of the territorial sea adjacent to Northern Ireland.”.

(2) In regulation 2(1)—

(a) in the definition of “a listed REACH provision”, for “the REACH table” substitute “a REACH table”;

(b) for the definition of “REACH” substitute—

““REACH” means—

(a)

in respect of the listed REACH provisions in Schedule 1, Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals(1) as it has effect in EU law as amended from time to time (“EU REACH”),

(b)

in respect of the listed REACH provisions in Schedule 1A, Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals as it forms part of retained EU law as amended from time to time (“retained REACH”) ”;

(c) for the definition of “the REACH table” substitute—

““a REACH table” means—

(a)

the table in Schedule 1 to these Regulations, or

(b)

the table in Schedule 1A to these Regulations;

“the relevant REACH table” means—

(a)

in relation to a listed REACH provision, the REACH table in which that REACH provision is listed;

(b)

in relation to an enforcement duty, the REACH table under which that enforcement duty arises.”.

(3) In regulation 2(2)—

(a) in the definition of “competent authority”, in paragraph (d)—

(i) for “Department of Enterprise, Trade and Investment” substitute “Department for the Economy”;

(ii) for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”;

(b) after the definition of “devolved administration or the Assembly”, insert—

““district council” has the meaning given by section 44 of the Interpretation Act (Northern Ireland) 1954(2);”;

(c) in the definition of “enforcing authority”—

(i) in paragraph (a), for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”;

(ii) after paragraph (i), insert—

“(j) a district council;”;

(d) after the definition of “relevant waters”, insert—

““retained REACH Agency” means the Agency as defined in Article 2A of retained REACH;”.

(4) In regulation 2(3), for “REACH” substitute “EU REACH” on both occasions.

(5) In regulation 3—

(a) for “REACH table”, in each place it occurs, substitute “relevant REACH table”;

(b) in paragraph (5)—

(i) omit subparagraph (a);

(ii) in subparagraph (b), for “in relevant waters” substitute “within the seaward limits of the territorial sea”;

(iii) omit subparagraph (c)

(6) Omit regulation 3A.

(7) In regulation 4—

(a) in paragraph (1)(c), for “another member State” substitute “a member State”;

(b) in the words after paragraph (1)(d), for “REACH in the European Union” substitute “EU REACH in Northern Ireland or the European Union”;

(c) after paragraph (1), insert—

“(1A) An enforcing authority must co-operate with—

(a) the retained REACH Agency;

(b) the appropriate authorities; and

(c) other enforcing authorities,

where this will facilitate compliance with, or the effective enforcement of, retained REACH.”;

(d) in paragraph (2)—

(i) in the words before subparagraph (a), for “paragraph (1)” substitute “paragraph (1) or (1A)”;

(ii) in subparagraph (b), after “REACH in” insert “Northern Ireland or”.

(8) In regulation 7—

(a) in paragraph (1), after “listed REACH provision” insert “in Schedule 1”.

(b) in paragraph (1)(b), for “another” substitute “a”;

(c) after paragraph (1), insert—

“(1A) A person is exempt from compliance with a listed REACH provision in Schedule 1A if that person has the benefit of a defence exemption certificate made by the Secretary of State in respect of that provision.”.

(9) Omit regulation 24.

(1)

OJ No L 396, 30.12.2006, p. 1, as last amended by Regulation (EU) 2020/507 (OJ No. L110, 8.4.2000, p. 1).

(2)

1954 c. 33 (N.I.). The definition of “district council” was inserted by the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)).