The REACH Enforcement Regulations 2008

Regulation 7(2)

SCHEDULE 4 Defence 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 listed REACH provision.

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 provision 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 of 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 persons 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—

(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.