The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019

Chapter 2 of Title 1

4.—(1) Article 3 is amended as follows.

(2) Before paragraph 1 insert—

“A1.   EU REACH: means Regulation (EC) No 1907/2006 of the European Parliament and of the Council(1) as it has effect in EU law;

A2.   appropriate authority: means—

(a) the Secretary of State, in relation to England;

(b) the Scottish Ministers, in relation to Scotland;

(c) the Welsh Ministers, in relation to Wales;

(d) the Department of Agriculture, Environment and Rural Affairs and the Department for the Economy, in relation to Northern Ireland (and those Departments’ exercise of their functions under this Regulation is subject to the following provision of this paragraph).

When—

(a) the function of giving consent under Article 4A is exercisable by the Department of Agriculture, Environment and Rural Affairs and the Department for the Economy, or

(b) a function under Article 129 is exercisable by the Department of Agriculture, Environment and Rural Affairs and the Department for the Economy as the appropriate authority,

that function is to be exercised by those Departments acting jointly.

When any other function under this Regulation is exercisable by the Department of Agriculture, Environment and Rural Affairs and the Department for the Economy as the appropriate authority, that function is to be exercised either—

(a) by one of those Departments acting alone, or

(b) by both of those Departments acting jointly.”.

(3) In paragraph 4, for “Community” substitute “United Kingdom”.

(4) In paragraph 9, for “Community”, in both places it occurs, substitute “United Kingdom”.

(5) In paragraph 10, for “customs territory of the Community” substitute “United Kingdom”.

(6) In paragraphs 11, 13 and 14, for “Community” substitute “United Kingdom”.

(7) For paragraph 18 substitute—

“18.   Agency: see Article 2A;

18A.   ECHA: means the European Chemicals Agency established under EU REACH;”.

(8) Omit paragraph 19.

(9) In paragraph 20, in points (b) and (c)—

(a) for “Community” substitute “European Community”;

(b) for “the entry into force of this Regulation” substitute “1 June 2007”.

(10) In paragraph 21, for “has been” substitute “was”.

(11) In paragraph 36, at the end insert—

“and, in its application for the purposes of this paragraph, the Annex to that Recommendation has effect with the following modifications—

(a) in Article 2(1)—

(i) the reference to EUR 50 million has effect as a reference to £43.650 million;

(ii) the reference to EUR 43 million has effect as a reference to £37.539 million;

(b) in Article 2(2) the reference to EUR 10 million has effect as a reference to £8.730 million;

(c) in Article 2(3) the reference to EUR 2 million has effect as a reference to £1.746 million;

(d) in Article 3(2)—

(i) in point (a), the reference to EUR 1,250,000 has effect as a reference to £1,091,250;

(ii) in point (d), the reference to EUR 10 million has effect as a reference to £8.730 million.”.

(1)

OJ No. L 396, 30.12.2006, p. 1, as last amended by Regulation (EU) 2018/1513 (OJ No. L 256, 12.10.2018, p. 1).