The Detergents (Amendment) (EU Exit) Regulations 2019

at the appropriate place, insert—

• ““application for derogation” means a request for derogation made under Article 4(2) of Regulation 648/2004;”;

omit the definition of “Commission Recommendation”.

in sub-paragraph (a), for “regulation 3(1)”, substitute “Articles 8 and 15(1) of Regulation 648/2004;

in sub-paragraph (b), for “regulation 3(2)”, substitute “Article 9(3) of that Regulation”.

in the row for which the entry in the first column is “Article 3”, in the second column under the heading “Subject matter”, omit “and (2)”;

in the row for which the entry in the first column is “Article 11(5)”, in the second column under the heading “Subject matter”, for “the national language of the member State”, substitute “English”.

for the words before the first indent, substitute “For those purposes, this Regulation establishes rules including those concerning the following aspects of placing detergents and surfactants for detergents on the market:”;

in the fourth indent, for “Member States’ competent authorities”, substitute “competent authority”.

omit “Union” in the first place it appears;

for “Union customs territory”, substitute “United Kingdom”.

in the words before point (a)—

for point (a), substitute—

“(a)

they are included in:

• the UK list of approved active substances referred to in Article 8A of Regulation (EU) 528/2012, or

• the Simplified Active Substance List referred to in Article 24A of Regulation (EU) 528/2012^f1.”;

in point (b), for “Article 15(1) or 15(2) of Directive 98/8/EC”, substitute “Article 55(1) or (2) of Regulation (EU) 528/2012”;

in point (c), for “or subject to the 10 year work programme provided for in Article 16 of Directive 98/8/EC”, substitute “provided for in Article 89(2) of Regulation (EU) 528/2012”.

in the first sentence, omit “of the Member State concerned, referred to in Article 8(1), and to the Commission,”;

in the second sentence—

in the first sentence, for “a tiered approach”, substitute “the tiered approach referred to in the Commission Recommendation of 23rd December 2005 on the tiered approach technical guidance document for the purpose of implementing Regulation (EC) No 648/2004 of the European Parliament and the Council”;

omit the second and third sentences.

in the first subparagraph—

in the second subparagraph—

in the first sentence—

omit the second sentence;

for the third sentence, substitute “The competent authority shall make its decision within 12 months of completing the evaluation carried out under paragraph 3.”.

in the words before the first indent—

in the third indent, for “Community”, substitute “United Kingdom”.

for “Commission”, substitute “competent authority”;

for “in Annex VI the”, substitute “a”.

omit “or the Member State”;

for “Commission”, substitute “Secretary of State”.

for “He”, substitute “The manufacturer”;

for “he”, substitute “the manufacturer”.

in the second subparagraph—

after the second subparagraph, insert—

• “For the purposes of this Article, ‘the relevant Ministers’ means:

  • in England, the Secretary of State;

  • in Wales, the Welsh Ministers;

  • in Scotland, the Scottish Ministers;

  • in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(c)

in the third subparagraph, for “specific public body”, substitute “the NPIS or other body assigned under the second subparagraph”.”

for “EN ISO/IEC 17025”, substitute “EN ISO/IEC 17025: 2017”;

for “Directive 2004/10/EC”, substitute “The Good Laboratory Practice Regulations 1999”;

for “Council Directive 86/609/EEC”, substitute “The Animals (Scientific Procedures) Act 1986”^f1.

for “EN 45003, Calibration and testing laboratory accreditation system, general requirements for operation and recognition”, substitute “BS EN ISO/IEC 17011: 2017. Conformity Assessment. Requirements for accreditation bodies accrediting conformity assessment bodies.”^f2;

in the second subparagraph, for “Directive 2004/9/EC”, substitute “The Good Laboratory Practice Regulations 1999”.

for paragraph 2, substitute “Council Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (“EU Regulation 440/2008”), Annex, Part C: Methods for the determination of ecotoxicity, Part 4 (CO2 (carbon dioxide) evolution test (method C.4-C)).”;

for paragraph 3, substitute “EU Regulation 440/2008, Annex, Part C: Methods for the determination of ecotoxicity, Part 6 (closed bottle test (method C.4-E)).”;

for paragraph 4, substitute “EU Regulation 440/2008, Annex, Part C: Methods for the determination of ecotoxicity, Part 5 (manometric respirometry test (method C.4-D)).”;

for paragraph 5, substitute “EU Regulation 440/2008, Annex, Part C: Methods for the determination of ecotoxicity, Part 7 (M.I.T.I. test (method C.4-F)).”.

for paragraph 1, substitute “EU Regulation 440/2008, Annex, Part C: Methods for the determination of ecotoxicity, Part 2 (DOC die-away test (method C.4-A)).”;

for paragraph 2, substitute, “EU Regulation 440/2008, Annex, Part C: Methods for the determination of ecotoxicity, Part 3 (modified OECD screening test (method C.4-B)).”;

omit the final, unnumbered paragraph that begins “NB”.

omit the second and third sentences;

at the end, insert the following paragraphs—

“If no data are available on residue identity then, depending on the potential risk and the importance and quantity of the surfactant used in detergents, the competent authority may require the manufacturer to provide it with the information referred to in point 4.2.1.

If the competent authority requires the manufacturer to provide that information and the manufacturer takes the view that the provision of that information is unnecessary, it may submit the case to the Secretary of State for a decision. The Secretary of State must:

• within 90 days of the manufacturer submitting the case, make a decision as to whether or not the provision of the information is necessary;

• take appropriate expert advice and take that advice into account when coming to a decision;

• after taking a decision, promptly communicate it to the manufacturer.”.

for the first indent, substitute—

• “method of EU Regulation 440/2008, Annex, Part C, C.12. (biodegradation – modified SCAS test).”;

for the second indent, substitute—

• “method of EU Regulation 440/2008, Annex, Part C, C.9. (biodegradation – Zahn-Wellens test).”.

in the paragraph beginning with “Fish:”, for “Annex V.C.1 of Directive 67/548/EEC”, substitute “EU Regulation 440/2008, Annex, Part C, C.1. (acute toxicity for fish)”;

in the paragraph beginning with “Daphnia:”, for “Annex V.C.2 of Directive 67/548/EEC”, substitute “EU Regulation 440/2008, Annex, Part C, C.2. (daphnia SP. acute immobilisation test)”;

in the paragraph beginning with “Algae:”, for “Annex V.C.3 of Directive 67/548/EEC”, substitute “EU Regulation 440/2008, Annex, Part C, C.3. (algal inhibition test)”;

in the paragraph beginning with “Bacteria:”, for “Annex V.C.11 of Directive 67/548/EEC”, substitute “EU Regulation 440/2008, Annex, Part C, C.11. (biodegradation – activated sludge respiration inhibition)”.

in the first paragraph, for “Annex V.C.5 of Directive 67/548/EEC”, substitute “EU Regulation 440/2008, Annex, Part C, C.5. (degradation – biochemical oxygen demand)”;

in the second paragraph, for “Annex V.C.7 of Directive 67/548/EEC”, substitute “EU Regulation 440/2008, Annex, Part C, C.7. (degradation – abiotic degradation: hydrolysis as a function of PH)”.

in the fourth paragraph—

in the fifth paragraph—

in the first sentence, for the words from “of Commission Decision 1999/476/EC” to the end, substitute “in Commission Decision (EU) 2017/1218 establishing the EU Ecolabel criteria for laundry detergents”;

in the second sentence, after “heavy-duty detergent”, insert “(as defined in point (2) of Article 2(1) of that Decision)”.