SCHEDULE 2AMENDMENTS TO RETAINED DIRECT EU LEGISLATION
Regulation (EC) No 1272/200835
In Article 38—
a
in the heading, for “harmonised” substitute “mandatory” and for “Part 3 of Annex VI” substitute “the UK mandatory classification and labelling list”;
b
before paragraph 1, insert a new paragraph—
A1
Any opinion of the Agency referred to in Article 37 must specify the reasons for the opinion.
c
in paragraph 1, for “referred to in Article 37(4) and any decision according to Article 37(5)” substitute “of the Agency referred to in Article 37A”;
d
for paragraph 2, substitute—
2
When making publicly available an opinion or a decision as referred to in Article 37 or Article 37A, the Agency must not publish any information in relation to which paragraph 3 applies.
e
after paragraph 2, insert—
3
This paragraph applies to information which has been made available to the Agency in relation to which a person has submitted a justification, accepted by the Agency as valid, as to why publication of the information is potentially harmful to the commercial interests of that person or any other person.