Regulation 3 Amendment of Article 15 of Regulation (EC) No 648/2004I1

United Kingdom

(1)

Article 15 of Regulation (EC) No 648/2004 is amended as follows.

(2)

In paragraph 1—

(a)

in the first subparagraph, for “a Member State”, substitute “ an appropriate authority with the necessary competence ”;

(b)

for the second subparagraph, substitute—

“Manufacturers and other natural or legal persons involved in the distribution, supply and sale of detergents must comply with provisional measures taken under this Article.”;

(c)

after the second subparagraph, insert—

“In any particular case, provisional measures may not be imposed for a period of more than ninety days.
After that ninety day period has ended, the General Product Safety Regulations 2005 M1 are to apply to the specific detergents in respect of which provisional measures have been taken under this Article as if, in regulation 2 of those Regulations:
— in the definition of “product”, at the end, there were inserted “ “product” includes the specific detergents in respect of which provisional measures have been taken from time to time under Article 15 of Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents;”;
— in the definition of “safe product”, at the end of the first sentence, there were inserted “and for the environment”;”.

(3)

For paragraph 2, substitute—

“
2
In this Article:
— ‘Appropriate authority’ means the Secretary of State or the devolved authority;
— ‘Devolved authority’ means:
in Scotland, the Scottish Ministers;
in Wales, the Welsh Ministers;
F1...”.

(4)

After paragraph 2, insert—

“
3
The Secretary of State may impose provisional measures if and to the extent that the exercise of the function to impose those measures:
— relates to England;
— relates to Scotland and is not within devolved competence (within the meaning of section 54 of the Scotland Act 1998 M2);
— relates to Wales and is not within devolved competence (within the meaning of section 58A(7) and (8) of the Government of Wales Act 2006 M3);
F2...
4
The Scottish Ministers have competence to impose provisional measures if and to the extent that the exercise of the function to impose those measures is within devolved competence (within the meaning of section 54 of the Scotland Act 1998).
5
The Welsh Ministers have competence to impose provisional measures if and to the extent that the exercise of the function to impose those measures is within devolved competence (within the meaning of sections 58A(7) and (8) of the Government of Wales Act 2006).
F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
When an appropriate authority takes provisional measures in accordance with paragraph 1:
— it must immediately inform the other appropriate authorities, giving reasons for its action and submitting the scientific or technical information on which it is based;
— the other appropriate authorities must decide whether or not to impose the same provisional measures within their respective areas of competence.”.

Annotations

Textual amendments

F1: Words in reg. 3(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617), regs. 1(2), 3(2)(a)
F2: Words in reg. 3(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617), regs. 1(2), 3(2)(b)(i)
F3: Words in reg. 3(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Detergents (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1617), regs. 1(2), 3(2)(b)(ii)

Marginal citations

M1: S.I. 2005/1803.
M2: 1998 c. 46.
M3: 2006 c. 32; section 58A was inserted by section 19 of the Government of Wales Act 2017 (c. 4).

Commencement

I1: Reg. 3 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1