The REACH Enforcement Regulations 2008

PART 3 U.K. Exemptions

Defence E+W+S

7.—(1) A person is exempt from compliance with a listed REACH provision if that person—

(a) has the benefit of a defence exemption certificate made by the Secretary of State in respect of that provision; F1 . . .

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Schedule 4 (defence exemption certificates) has effect.

Textual Amendments

F1 Reg. 7(1)(b) and word omitted (E.W.S.) (31.12.2020) by virtue of The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 10 para. 4 (as amended by S.I. 2020/1577, regs. 1(1)(a), 3(1)); 2020 c. 1, Sch. 5 para. 1(1)

Defence N.I.

7.—(1) A person is exempt from compliance with a listed REACH provision [F4 in Schedule 1] if that person—

(a) has the benefit of a defence exemption certificate made by the Secretary of State in respect of that provision; or

(b) can demonstrate that the appropriate authorities of [F5 a] member State have exempted that person from compliance in the interests of defence.

[F6 (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.]

(2) Schedule 4 (defence exemption certificates) has effect.

Textual Amendments

F4 Words in reg. 7(1) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(8)(a)

F5 Word in reg. 7(1)(b) substituted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(8)(b)

F6 Reg. 7(1A) inserted (N.I.) (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(c), 15(8)(c)

Marketing and use of leaded paint U.K.

8.  A person who markets or uses leaded paint does not breach the restriction on the marketing and use of leaded paint provided for by Article 67 of REACH where that person complies with the provisions of Schedule 5 (marketing and use of leaded paint).

[F2 Placing asbestos-containing articles on the market U.K.

8A.— (1) A person who places an asbestos-containing article on the market does not breach the restriction on this activity provided for by Article 67 of REACH where—

(a) this is done in accordance with an asbestos exemption certificate; and

(b) the asbestos-containing article was installed or in service before 1st January 2005.

(2) Schedule 5A (placing asbestos-containing articles on the market) has effect.]

Textual Amendments

F2 Reg. 8A inserted (16.12.2013) by The REACH Enforcement (Amendment) Regulations 2013 (S.I. 2013/2919), regs. 1(b), 5

[F3 Placing on the market and use of paint stripper containing dichloromethane U.K.

8B.— (1) A person (“P”) who places on the market paint stripper containing dichloromethane for supply to a professional or to a person for use by a professional does not breach the restriction on this activity provided for by Article 67 of REACH where P complies with the provisions of paragraph 1 of Schedule 5B.

(2) A professional who uses paint stripper containing dichloromethane does not breach the restriction on this activity provided for by Article 67 of REACH where that professional complies with the provisions of paragraphs 2 and 3 of Schedule 5B.

(3) Schedule 5B (Placing on the market and use of paint stripper containing dichloromethane) has effect.]

Textual Amendments

F3 Reg. 8B inserted (1.12.2014) by The REACH Enforcement (Amendment) Regulations 2014 (S.I. 2014/2882), regs. 1, 2(3)