Explanatory note

These Regulations amend the REACH Enforcement Regulations 2008 (“the 2008 Regulations”).

The 2008 Regulations provide for the enforcement in the United Kingdom of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

These Regulations insert a new regulation 8B and Schedule 5B into the 2008 Regulations. These provide for the exercise of a derogation for the placing on the market and use of paint strippers containing dichloromethane by approved professionals as set out in entry 59 in Annex XVII to the REACH Regulation (Annex XVII was amended by Commission Regulation (EU) No 276/2010 (OJ No L 86, 1.4.10, p.7)).

The new regulation 8B(1) allows the placing on the market of paint strippers containing dichloromethane for supply to professionals who comply with the requirements set out in Schedule 5B, or to persons for use by such professionals. Regulation 8B(2) allows the use of paint strippers containing dichloromethane by such professionals. Schedule 5B sets out requirements for the professional to demonstrate proper training and competence and apply in practice all appropriate safety measures. Proper training and competence is demonstrated by the professional undertaking training in the safe use of paint stripper containing dichloromethane and holding a certificate issued by the Health and Safety Executive in Great Britain or the Health and Safety Executive for Northern Ireland in Northern Ireland.

Regulation 2(4) inserts a new regulation 11(5) into the 2008 Regulations. It provides a due diligence defence for a person who contravenes Article 67 of REACH under regulation 11(2) of the 2008 Regulations by placing on the market for supply paint stripper containing dichloromethane to a person who is not a professional or to a person for use by a person who is not a professional.

A full regulatory impact assessment to the effect that this instrument will have on the costs of business and the voluntary sector is available from the Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS. A copy of this document has been placed in the Library of each House of parliament and is annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.