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

Regulation 8

SCHEDULE 6 U.K. Amendment of the Fees and Charges Regulation

1.  Commission Regulation (EC) No 340/2008 on the fees and charges payable to the European Chemicals Agency is amended in accordance with this Schedule. U.K.

Commencement Information

I1 Sch. 6 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

2.  In Article 1, for “European Chemicals Agency, hereinafter the ‘Agency’, as provided for in” substitute “ Agency, within the meaning of ”. U.K.

Commencement Information

I2 Sch. 6 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

3.  In Article 2, at the end insert— U.K.

“In the application of Recommendation 2003/361/EC for the purposes of this Regulation, 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.”.

Commencement Information

I3 Sch. 6 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

4.  In Article 3(5), omit the second subparagraph. U.K.

Commencement Information

I4 Sch. 6 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

5.  In Article 4(5), omit the second subparagraph. U.K.

Commencement Information

I5 Sch. 6 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

6.  Omit Article 10. U.K.

Commencement Information

I6 Sch. 6 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

7.—(1) Article 11 is amended as follows. U.K.

(2) In paragraph 1—

(a) in the second subparagraph, omit the words from “and for” to “1907/2006”;

(b) in the third subparagraph, omit “Executive Director of the”.

(3) In paragraph 5—

(a) omit “the Management Board of”;

(b) for “Commission” substitute “ Secretary of State ”;

(c) at the end insert—

“The function of the Secretary of State under this paragraph is subject to the consent requirement in Article 4A of Regulation (EC) No 1907/2006.”.

Commencement Information

I7 Sch. 6 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

8.  In Article 12, for “non-Community”, in both places it occurs, substitute “[F1 non-Great British]”. U.K.

Textual Amendments

F1 Words in Sch. 6 para. 8 substituted (31.12.2020 immediately before IP completion day) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 9(2)

Commencement Information

I8 Sch. 6 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

9.—(1) Article 13 is amended as follows. U.K.

(2) In paragraph 1, for “3 to 10” substitute “ 3 to 9 ”.

(3) In paragraph 3, in the second subparagraph—

(a) for “one of the official languages of the Union” substitute “ English ”;

(b) for “any of those official languages” substitute “ English ”.

Commencement Information

I9 Sch. 6 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

10.  Omit Articles 14 and 15. U.K.

Commencement Information

I10 Sch. 6 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

11.—(1) Article 16 is amended as follows. U.K.

(2) In paragraph 1, for “euro” substitute “ sterling ”.

(3) In paragraph 2, omit “, with the exception of payments due under Article 10”.

Commencement Information

I11 Sch. 6 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

12.  In Article 17(1)— U.K.

(a) in the first subparagraph, for the words from “invoice” to “Article 10.” substitute “ submission number assigned by the Agency under Article 20 of Regulation (EC) No 1907/2006. ”;

(b) omit the second subparagraph.

Commencement Information

I12 Sch. 6 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

13.  In Article 19(2), omit “the Management Board of”. U.K.

Commencement Information

I13 Sch. 6 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

14.  In Article 20(1)— U.K.

(a) in the first subparagraph, omit “the Executive Director of”;

(b) in the second subparagraph, for “EUR 100” substitute “ £87 ”.

Commencement Information

I14 Sch. 6 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

15.  Omit Article 21. U.K.

Commencement Information

I15 Sch. 6 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

16.  For Article 22 substitute— U.K.

“Article 22 U.K. Amendment of fees and charges

1.   The Secretary of State may, by regulations, amend this Regulation so as to alter the fees and charges provided for in it if the Secretary of State considers that the alterations are appropriate having regard to—

(a) the change in the relevant prices index, and

(b) the costs of the Agency (taking one year with another).

2.   Regulations under this Article are to be made by statutory instrument.

A statutory instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

The Secretary of State must consult the other appropriate authorities before making regulations under this Article.

3.   In this Article—

(a) “appropriate authority” has the same meaning as in Article 3 of Regulation (EC) No 1907/2006;

(b) “relevant prices index” means—

(i) the all items consumer prices index published by the Statistics Board, or

(ii) if that index ceases to be available, such other similar general index of prices which the Secretary of State considers appropriate to use for the purposes of this Article.”.

Commencement Information

I16 Sch. 6 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

17.  Omit Article 23. U.K.

Commencement Information

I17 Sch. 6 para. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

18.—(1) Annex 1 is amended as follows. U.K.

(2) In Table 1, for the entries which set out the fees substitute—

“£1,518	£1,138
£4,080	£3,061
£10,913	£8,185
£29,419	£22,064”.

(3) In Table 2, for the entries which set out the fees substitute—

“£987	£740	£532	£399	£76	£57
£2,652	£1,990	£1,428	£1,071	£204	£153
£7,094	£5,320	£3,819	£2,865	£546	£409
£19,122	£14,342	£10,297	£7,723	£1,471	£1,103”.

Commencement Information

I18 Sch. 6 para. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

19.—(1) Annex 2 is amended as follows. U.K.

(2) In Table 1, for the entries which set out the fees substitute—

“£1,518

£1,138”.

(3) In Table 2, for the entries which set out the fees substitute—

“£987

£740

£532

£399

£76

£57”.

Commencement Information

I19 Sch. 6 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

20.—(1) Annex 3 is amended as follows. U.K.

(2) In Table 1, for the entries which set out the fees substitute—

“£2,562	£1,921
£9,395	£7,046
£27,901	£20,926
£6,833	£5,125
£25,339	£19,003
£18,506	£13,879”.

(3) In Table 2, for the entries which set out the fees substitute—

“£1,666	£1,249	£897	£672	£128	£96
£6,107	£4,580	£3,289	£2,466	£470	£353
£18,136	£13,601	£9,765	£7,324	£1,395	£1,046
£4,441	£3,331	£2,391	£1,794	£341	£257
£16,470	£12,353	£8,869	£6,651	£1,267	£950
£12,029	£9,022	£6,477	£4,857	£925	£694”.

(4) In Table 3—

(a) for “EUR 1 631” in the first place (the fee for a change in the identity of the registrant involving a change in legal personality) substitute “ £1,424 ”;

(b) for the entries which set out the other fees substitute—

“£4,271	£3,203
£1,424	£1,068
£4,271	£3,203
£2,847	£2,135
£1,424	£1,068
£1,424	£1,068
£1,424	£1,068”.

(5) In Table 4—

(a) for the first three entries which set out fees (fees for changes of identity of the registrant involving a change in legal personality) substitute—

“£925

£498

£72”.

(b) for the other entries which set out fees substitute—

“£2,776	£2,082	£1,495	£1,121	£214	£160
£925	£694	£498	£374	£72	£53
£2,776	£2,082	£1,495	£1,121	£214	£160
£1,851	£1,388	£996	£747	£142	£107
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53”.

Commencement Information

I20 Sch. 6 para. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

21.—(1) Annex 4 is amended as follows. U.K.

(2) In Table 1, for the entries which set out the fees substitute—

“£4,271	£3,203
£1,424	£1,068
£4,271	£3,203
£2,847	£2,135
£1,424	£1,068
£1,424	£1,068
£1,424	£1,068”.

(3) In Table 2, for the entries which set out the fees substitute—

“£2,776	£2,082	£1,495	£1,121	£214	£160
£925	£694	£498	£374	£72	£53
£2,776	£2,082	£1,495	£1,121	£214	£160
£1,851	£1,388	£996	£747	£142	£107
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53
£925	£694	£498	£374	£72	£53”.

Commencement Information

I21 Sch. 6 para. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

22.—(1) Annex 5 is amended as follows. U.K.

(2) In Table 1, for the entries which set out the fees substitute—

“£475

£308

£166

£24”.

(3) In Table 2, for the entries which set out the charges substitute—

“£949

£617

£332

£47”.

Commencement Information

I22 Sch. 6 para. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

23.—(1) Annex 6 is amended as follows. U.K.

(2) In Table 1, for the entries which set out the fees substitute—

“£47,229

£9,446

£42,506”.

(3) In Table 2, for the entries which set out the fees substitute—

“£35,422

£7,084

£31,880”.

(4) In Table 3, for the entries which set out the fees substitute—

“£21,253

£4,251

£19,128”.

(5) In Table 4, for the entries which set out the fees substitute—

“£4,723

£945

£4,251”.

Commencement Information

I23 Sch. 6 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

24.—(1) Annex 7 is amended as follows. U.K.

(2) In Table 1, for the entries which set out the charges substitute—

“£47,229

£9,446

£42,506”.

(3) In Table 2, for the entries which set out the charges substitute—

“£35,422

£7,084

£31,880”.

(4) In Table 3, for the entries which set out the charges substitute—

“£21,253

£4,251

£19,128”.

(5) In Table 4, for the entries which set out the charges substitute—

“£4,723

£945

£4,251”.

Commencement Information

I24 Sch. 6 para. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

25.  Omit Annex 8. U.K.

Commencement Information

I25 Sch. 6 para. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)