Article 127K Existing Article 9 exemptionsX1F1
This Article applies if—
a five year exemption under Article 9(1) of EU REACH, or
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.
On and after IP completion day—
a five year exemption under Article 9(1) of this Regulation, or,
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.
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.
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—
Article 9(2) must be complied with by the manufacturer or importer or producer, as the case may be (the “notifier”);
the notifier must also notify the Agency of the number and notification date assigned by ECHA under Article 9(3) of EU REACH;
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)