Statutory Instruments
2023 No. 722
Consumer Protection
Environmental Protection
Health And Safety
The REACH (Amendment) Regulations 2023
Made
28th June 2023
Coming into force
19th July 2023
The Secretary of State, in exercise of the powers conferred by section 140 of, and paragraph 1 of Schedule 21 to, the Environment Act 2021( 1 ) (“ the 2021 Act ”), makes the following Regulations.
In accordance with paragraphs 1, 3 and 5 of Schedule 21 to the 2021 Act and Article 4A of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)( 2 ) (“ the REACH Regulation ”)—
(a) the Secretary of State considers that the provision made by these Regulations is consistent with Article 1 of the REACH Regulation and has published an explanation of why the Secretary of State considers that to be the case;
(b) the Scottish Ministers and the Welsh Ministers have consented to the making of these Regulations;
(c) the Secretary of State has consulted—
(i) the Agency( 3 );
(ii) any person nominated by a relevant devolved authority( 4 ) as a consultee; and
(iii) such other persons as the Secretary of State considers appropriate.
A draft of these Regulations has been laid before, and approved by, both Houses of Parliament in accordance with section 143(5)(b) of, and paragraph 1(7) of Schedule 21 to, the 2021 Act.
Citation, commencement, extent and application
1. —(1) These Regulations may be cited as the REACH (Amendment) Regulations 2023.
(2) These Regulations come into force twenty-one days after the day on which they are made.
(3) These Regulations extend to the United Kingdom and apply in relation to England, Wales and Scotland.
Amendment of the REACH Regulation
2. The REACH Regulation( 5 ) is amended in accordance with regulations 3 and 4.
Amendment of Article 41
3. —(1) Article 41 is amended as follows.
(2) In paragraph 5—
(a) for the first two subparagraphs substitute—
“ The registration dossiers selected by the Agency for compliance checking must include—
(a) until 27 October 2027, not less than 20% of the registration dossiers received by the Agency for substances referred to in Article 127P(4B)(a);
(b) until 27 October 2030, not less than 20% of the registration dossiers received by the Agency for substances referred to in Article 127P(4B)(b);
(c) until 27 October 2035, not less than 20% of the registration dossiers received by the Agency for substances referred to in Article 127P(4B)(c). ” ;
(b) at the end, insert as a new subparagraph—
“ In this paragraph, references to registration dossiers do not include the dossiers referred to in Article 127B(9). ” .
Amendment of Article 127P
4. —(1) Article 127P is amended as follows.
(2) In paragraph (4B)—
(a) in the words before subparagraph (a), after “ending” insert “with” ;
(b) in subparagraph (a)—
(i) in the words before point (i), for “two years after the end of the 300 day post-IP completion period” substitute “27 October 2026” ;
(ii) in point (i), at the end insert “or added to the candidate list referred to in Article 59(1) on or before 31 December 2023” ;
(c) in subparagraph (b)—
(i) in the words before point (i), for “four years after the end of the 300 day post-IP completion period” substitute “27 October 2028” ;
(ii) in point (i), for “before the end of the period referred to in subparagraph (a)” substitute “during the period beginning with 1 January 2024 and ending with 27 October 2026” ;
(d) in subparagraph (c), for “six years after the end of the 300 day post-IP completion period” substitute “27 October 2030” .
Rebecca Pow
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
28th June 2023
EUR 2006/1907, amended by S.I. 2021/904 .
Paragraph 7 of Schedule 21 to the 2021 Act provides that “ the Agency ” has the same meaning as in the REACH Regulation (see Article 2A of that Regulation).
“Relevant devolved authority” is defined in paragraph 7 of Schedule 21 to the 2021 Act.
“REACH Regulation” is defined in paragraph 7 of Schedule 21 to the 2021 Act.