Article 127H Existing authorised downstream users under EU lawX1F1
On and after IP completion day, a person who—
is established in Great Britain, and
is an existing authorised downstream user under EU law in relation to a substance,
is authorised to use that substance in accordance with Article 56(2).
Where Article 56(2) applies to the use of a substance by virtue of paragraph 1, a reference in Article 56(2) to an authorisation granted to a person up a supply chain is a reference to an existing EU authorisation relating to that use of the substance.
Accordingly, paragraph 1 ceases to apply to a person if the existing EU authorisation relating to that use of the substance ceases to have effect.
A person to whom paragraph 1 applies must, before the end of the 60 day post-IP completion period—
confirm to the Agency that they are an existing authorised downstream user under EU law in relation to the substance, and
notify the Agency of—
the existing EU authorisation;
any conditions set out in the existing EU authorisation (as referred to in Article 56(2) of EU REACH);
the identity of the supplier of the substance to the person.
Article 66(1) does not apply to the use of a substance in accordance with Article 56(2) by virtue of this Article.
In this Article—
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“ existing authorised downstream user under EU law ” means a person who, immediately before IP completion day, is authorised to use a substance in accordance with Article 56(2) of EU REACH;
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“ existing EU authorisation ” means an authorisation granted to a person up a supply chain (as referred to in Article 56(2) of EU REACH) which is subsisting immediately before IP completion day, as it has effect in EU law;
Annotations
Textual amendments
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Title 14A inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 2 (as amended by S.I. 2019/858, regs. 1, 4 (as amended by S.I. 2020/1577, regs. 1(1)(a), 12(2)); S.I. 2019/1144, regs. 1, 4 (as amended by S.I. 2020/1577, regs. 1(1)(a), 13(2)); S.I. 2020/1313, regs. 1(3), 6; S.I. 2020/1577, regs. 1(1)(b), 5); 2020 c. 1, Sch. 5 para. 1(1)