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Article 2B Advice from Environment Agency or other environmental regulators to AgencyX1F1

United Kingdom

Original text. Later amendments are not shown.

1 .

The Agency must comply with paragraph 2 when exercising—

( a )

its functions under—

( i )

Article 7(5),

( ii )

Article 9(4), (7) and (8),

( iii )

Article 21,

( iv )

Articles 40(1) and (3), 41(1), (3) and (5), 42(1), 43, 44, 45, 46(1) and (3), 48, 49, 51 and 52,

( v )

Articles 58(3) and (4) and 59(1), (2), (3), (6) and (7),

( vi )

Article 64(1), (3), (4), (5) and (6),

( vii )

Articles 69, 70 and 71, and

( b )

any of its other functions under this Regulation,

if, and to the extent that, the exercise of the function involves consideration of any relevant environmental issues.

2 .

The Agency must—

( a )

obtain the advice of the Environment Agency before exercising the function concerned, and

( b )

use the advice obtained when exercising the function concerned.

3 .

Whenever the advice of the Environment Agency is sought by the Agency under this Article, the Environment Agency must collaborate with the other environmental regulators when formulating the advice.

4 .

If, as part of a collaboration under paragraph 3, one of the other environmental regulators gives advice to the Environment Agency, the Environment Agency must pass that advice on to the Agency if that other environmental regulator requires it to do so.

5 .

In this Article—

  • “ other environmental regulator ” means—

    1. (a)

      in relation to Wales, the Natural Resources Body for Wales;

    2. (b)

      in relation to Scotland, the Scottish Environment Protection Agency;

  • “ relevant environmental issue ” means—

    1. (a)

      exposure of the environment to chemicals;

    2. (b)

      exposure of humans to chemicals in the environment;

    3. (c)

      assessment of the potential effect of chemicals on the environment;

    4. (d)

      measures aimed at controlling the release of chemicals into the environment.

Annotations

Textual amendments

F1

Arts. 2A, 2B inserted (31.12.2020) by The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758), reg. 1(1), Sch. 1 para. 3 (as amended by S.I. 2020/1577, regs. 1(1)(b), 4(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).