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Article 127K Existing Article 9 exemptionsX1F1

Original text. Later amendments are not shown.

1 .

This Article applies if—

( a )

a five year exemption under Article 9(1) of EU REACH, or

( b )

an extended exemption under Article 9(7) of EU REACH,

applies in relation to a substance immediately before IP completion day where the research and development concerned takes place in Great Britain.

2 .

On and after IP completion day—

( a )

a five year exemption under Article 9(1) of this Regulation, or,

( b )

an extended exemption under Article 9(7) of this Regulation,

(as the case may be) applies in relation to the substance, subject to the same conditions (if any) imposed by ECHA under Article 9(4) in relation to the corresponding exemption under EU REACH.

3 .

That exemption under Article 9(1) or (7) of this Regulation is to end on the same date that the corresponding exemption under EU REACH would have ended.

4 .

Where an exemption under Article 9(1) or (7) of this Regulation applies to a substance by virtue of this Article, the following duties must be complied with in relation to the exemption of the substance within the 120 day post-IP completion period—

( a )

Article 9(2) must be complied with by the manufacturer or importer or producer, as the case may be (the “notifier”);

( b )

the notifier must also notify the Agency of the number and notification date assigned by ECHA under Article 9(3) of EU REACH;

( c )

the notifier must give the Agency copies of any additional necessary information given to ECHA under Article 9(4) of EU REACH.

Where the notifier complies with Article 9(2) in accordance with this paragraph, no fee is payable under Article 9(2).

Annotations

Textual amendments

F1

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)

Editorial notes

X1

Substituted by Corrigendum to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (Official Journal of the European Union L 396 of 30 December 2006).

Notes on the whole EU Regulation

Textual amendments

F1

Substituted by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance).