Article 139A Protected NI importsF1
This Article applies in a case where there is a protected NI import of a substance.
There is a protected NI import of a substance if—
a substance—
has a relevant connection to Northern Ireland, and
is imported on its own, in a mixture or in an article,
the substance, mixture or article is a qualifying Northern Ireland good, and
the person who supplies the substance, mixture or article for the import is a registrant or a downstream user under EU REACH as respects the substance as it is imported.
A substance has a relevant connection to Northern Ireland if—
it is—
manufactured in Northern Ireland,
in a mixture that is manufactured or formulated in Northern Ireland, or
in an article that is manufactured or produced in Northern Ireland, and
it is imported from a supplier established in Northern Ireland.
The importer of the substance (the “GB importer”) is to be treated for the purposes of this Regulation as a downstream user as respects any protected NI imports of the substance by them.
The provisions of this Regulation that apply to importers do not apply to the GB importer in relation to the protected NI import of the substance by the GB importer.
If the GB importer imports the substance in quantities of 1 to 10 tonnes per year they must, before they make a protected NI import—
notify the Agency of their intention to make the protected NI import,
supply the Agency with the information referred to in point (a)(i) of Article 10,
supply the Agency with the information referred to in points (a)(ii) and (iv) of Article 10 to the extent that information is available to the GB importer,
supply the Agency with the information referred to in points (a) to (d) of Article 32(1) and otherwise comply with Article 32,
supply the Agency with the relevant registration number for the substance under EU REACH to the extent that information is available to the GB importer,
supply the Agency with such other evidence as the Agency may require demonstrating that the information supplied in accordance with subparagraph (d) complies with the requirements of Articles 10, 12 and 14 (as they apply to the tonnage of the substance which the GB importer imports into Great Britain by protected NI imports).
If the GB importer imports the substance in quantities of 10 tonnes or more per year they must, before they make a protected NI import—
notify the Agency of their intention to make the protected NI import,
supply the Agency with the information referred to in point (a)(i) of Article 10,
supply the Agency with the information referred to in points (a)(ii) and (iv) of Article 10 to the extent that information is available to the GB importer,
supply the Agency with the information referred to in—
Article 14(6) to the extent that information is available to the GB importer,
Article 31, and
Article 32(1)(a) to (d),
otherwise comply with Articles 14(6), 31 and 32,
supply the Agency with the relevant registration number for the substance under EU REACH to the extent that information is available to the GB importer,
supply the Agency with such other evidence as the Agency may require demonstrating that the information supplied in accordance with subparagraph (d) complies with the requirements of Articles 10, 12 and 14 (as they apply to the tonnage of the substance which the GB importer imports into Great Britain by protected NI imports).
The GB importer must update the information provided to the Agency under paragraph 6 or 7 with any relevant new information and submit it to the Agency.
Paragraphs 6, 7 and 8 are subject to paragraph 6 of Article 139B.
Annotations
Textual amendments
- F1
Title 15A inserted (31.12.2020) by S.I. 2019/758, reg. 1(1), Sch. 2A (as inserted by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1577), regs. 1(1)(b), 6; 2020 c. 1, Sch. 5 para. 1(1)