Article 45 Appointment of bodies responsible for receiving information relating to emergency health response
United Kingdom
F1The Secretary of State in relation to England, and the Devolved Authorities in relation to their respective countries shall appoint a body or bodies responsible for receiving information relevant, in particular, for formulating preventative and curative measures, in particular in the event of emergency health response, from importers and downstream users placing mixtures on the market. This information shall include the chemical composition of mixtures placed on the market and classified as hazardous on the basis of their health or physical effects, including the chemical identity of substances in mixtures for which a request for use of an alternative chemical name has been accepted by the Agency, in accordance with Article 24.
The Secretary of State may carry out the function set out in paragraph 1 in relation to Scotland or Wales, if the Devolved Authority in question has consented to the Secretary of State exercising that function.
The appointed bodies shall provide all requisite guarantees for maintaining the confidentiality of the information received. Such information may only be used:
to meet medical demand by formulating preventative and curative measures, in particular in the event of an emergency;
and
where requested by the F3Secretary of State or the relevant Devolved Authority, to undertake statistical analysis to identify where improved risk management measures may be needed.
The information shall not be used for other purposes.
The appointed bodies shall have at their disposal any information that is voluntarily provided by importers and downstream users placing mixtures on the market, or that is required to be provided in accordance with regulations made under Article 45(4), to carry out the tasks for which the appointed bodies are responsible.
The Secretary of State may by regulations specify the information relating to emergency health response and preventative measures required for the purposes of this Article, following consultation with relevant stakeholders as referred to in paragraph 5.
Before making regulations, the Secretary of State must consult—
the body or bodies appointed under paragraph 1,
and
any person or body who the Secretary of State considers is representative of importers, if any,
any person or body who the Secretary of State considers is representative of downstream users, if any, and
any other person who the Secretary of State considers appropriate.
The Secretary of State’s regulation-making function under paragraph 4 is subject to the consent requirement in Article 53B.
Annotations
Textual amendments
- F1
Words in Art. 45(1) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 45(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Art. 45(1A) inserted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 45(b) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 13(a)); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 45(2)(b) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 45(c); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Art. 45(3) substituted (31.12.2023 in accordance with reg. 1(2) of the amending S.I.) by The Classification, Labelling and Packaging of Substances and Mixtures (Amendment and Consequential Provision) Regulations 2023 (S.I. 2023/1344), reg. 2(4)
- F5
Art. 45(4)-(6) substituted for Art. 45(4) (31.12.2020) by S.I. 2019/720, Sch. 2 para. 45(d) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 2 para. 13(b))