SCHEDULE 2Defence Exemption Certificates
1
The Secretary of State may decide that it is necessary in the interests of defence for a person to be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation.
2
The Secretary of State may decide to apply the exemption—
a
to a person, including the Secretary of State, or a category of persons;
b
to one or more requirement or prohibition at the same time;
c
prospectively;
d
for a limited or unlimited period;
e
generally or to a particular case;
f
subject to such limitations and conditions as the Secretary of State sees fit.
3
A decision by the Secretary of State to apply the exemption must be evidenced in writing by a certificate.
4
A certificate—
a
must contain sufficient particulars of the persons to whom, and the matters to which, it relates; and
b
may be varied or revoked in writing.
5
The Secretary of State may provide to a person who has the benefit of a certificate—
a
the certificate;
b
a copy of it; or
c
a copy of a relevant extract of the certificate.
6
A person who claims the benefit of a certificate must produce to the person listed in paragraph 7, when reasonably requested to do so—
a
the certificate;
b
a copy of it made by the Secretary of State; or
c
a copy made by the Secretary of State of a relevant extract of the certificate.
7
The persons referred to in paragraph 6 are—
a
an enforcing authority;
b
a competent authority;
c
the equivalent of an enforcing authority of another Member State;
d
the European Chemicals Agency.
8
Unless the contrary is proved—
a
a certificate;
b
a copy of it made by the Secretary of State; or
c
a copy made by the Secretary of State of a relevant extract of the certificate,
is conclusive evidence of the matters to which it relates.
9
A person who fails to comply with paragraph 6 shall not be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation in the interests of defence.