# The REACH etc. (Amendment etc.) (EU Exit) Regulations 2020, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) to (d) and (g)) arising from the withdrawal of the United Kingdom (“UK”) from the European Union. They are also made in exercise of the powers conferred by section 8C of that Act to implement, and deal with matters arising out of or related to, the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (the “NI Protocol”).
Part 2 amends the REACH etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/758) (the “Exit Regulations”). The Exit Regulations amend Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (the “REACH Regulation”).
Part 2 amends the Exit Regulations to take account of the NI Protocol. It provides for the domestic REACH regime to apply in respect of Great Britain rather than the United Kingdom. The REACH Regulation as it has effect in EU law will continue to apply in Northern Ireland by virtue of the NI Protocol.
Part 2 also makes special provision in respect of substances entering Great Britain from Northern Ireland. Under new Article 127EB of the REACH Regulation, a Northern Irish supplier will be able to notify the Agency directly of existing supplies of substances to Great Britain that they wish to continue making after the end of the transition period.
Part 2 inserts new Schedule 2A into the Exit Regulations, which inserts Title 15A into the REACH Regulation. This new Title makes provision in respect of substances imported from Northern Ireland. New Articles 139A and 139B set out a new notification procedure for substances imported from Northern Ireland. This notification can be made by the importer or the Northern Irish supplier.
New Article 139C provides for Title 7 of the REACH Regulation (authorisations) to apply to imports from Northern Ireland. New Articles 139D and 139E provide for Northern Irish entities to be able to apply for and hold authorisations in respect of qualifying Northern Ireland goods.
Schedule 2 to the Exit Regulations contains a number of transitional provisions. Part 2 amends that Schedule so existing registrants or downstream users have longer to provide the full registration information to the Agency. The deadlines are phased by reference to the hazards posed by a substance and the quantities in which it is manufactured or imported.
Schedule 10 to the Exit Regulations amends the REACH Enforcement Regulations 2008 (S.I. 2008/2852). These Regulations amend that Schedule so that it will only extend to Great Britain.
Part 3 of these Regulations amends the commencement provisions of the REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/858) and the REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019 (S.I. 2019/1144) (the “Exit No. 3 Regulations”), which amend the Exit Regulations. It also amends the Exit No. 3 Regulations to reflect a change to the way that medical devices are regulated in the EU that came into effect after the UK left the EU, but during the transition period. This means that a number of amendments made by the Exit No. 3 Regulations no longer need to be made.
Part 4 of these Regulations only extends to Northern Ireland. It amends the REACH Enforcement Regulations 2008 as they have effect in Northern Ireland. There will now be two versions of the REACH Enforcement Regulations 2008. One will apply in Great Britain and one will apply in Northern Ireland (the “NI enforcement Regulations”). Some offences under the retained EU law version of the REACH Regulation will apply to people established in Northern Ireland if they choose to directly notify the Agency of substances imported into Great Britain or apply for authorisations. Part 4 inserts new Schedule 1A into the NI enforcement Regulations which lists those offences, and makes related amendments.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2020/1577/note (the official version)
Page: https://openlegislation.uk/reach-etc-amendment-etc-eu-exit-regulations-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.