The Chemicals (Health and Safety) Trade and Miscellaneous Amendments Regulations 2022
Jurisdiction: United Kingdom
Commencement: 1st November 2022
- GB Retained: Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures;
- GB Retained: Regulation (EU) No 649/2012 concerning the export and import of hazardous chemicals;
- GB Retained: Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products;
- Biocidal Product and Chemicals (Appointed of Authorities and Enforcement) Regulations 2013; and
- The Health and Safety Nuclear (Fees) Regulations 2021.
- The GB Retained: Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures introduces a globally harmonised system for classification, labelling and packaging of hazardous chemicals. Following the UK’s departure from the EU, this Regulation has been incorporated directly (with amendments) into domestic law in Great Britain. This entry describes the GB version of CLP.
- The GB Retained: Regulation (EU) No 649/2012 concerning the export and import of hazardous chemicals concerns the export and import of certain hazardous chemicals and pesticides and requires exporters to provide notification to importing countries and in some cases to obtain explicit consent from the importing country prior to the export. This EU Regulation has been retained into UK law.
- The GB Retained: Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products details the rules for the authorisation of biocidal products placed on the market in Great Britain. Following the UK leaving the European Union (EU), this EU Regulation has been incorporated directly (with amendments) into domestic law in Great Britain (GB). This entry describes the GB version of the Biocides Regulation. There is a separate entry for the remaining EU version of the Regulation. (n.b. the EU version also applies in Northern Ireland).
- The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 appoint the competent national authorities and enforcement authorities in Great Britain in relation to biocidal products (‘Biocides Regulation’), and labelling and packaging of substances and mixtures (‘CLP Regulation’). They also appoint the competent national authorities and enforcement authorities in both Great Britain and Northern Ireland in relation to export and import of hazardous substances (‘PIC Regulation’).
- The Health and Safety and Nuclear (Fees) Regulations 2021 provide various set fees which the Health and Safety Executive can charge for regulatory functions, and also set out the power for the Executive to raise a “fee for intervention” where it finds an organisation in material breach of health and safety regulations.
Various duties apply.
The following provisions are omitted.
- Article 53a (Exercise of the delegation).
- Article 53b (Urgency procedure).
- Article 53c (Separate delegated acts for different delegated powers).
A minor technical change is made to replace a reference to the Commission with the Secretary of State. This allows the Secretary of State to adopt delegated acts.
Disclosure of information
The Health and Safety Executive (HSE) may disclose certain information concerning the trade in or safety of chemicals to ensure:
- health and safety;
- the protection of consumers; or
- the protection of the environment.
Information shall not be disclosed if it would contravene data protection.
Persons may use the disclosed information for a permitted purpose, in accordance with regulation 3.
There are no changes to duties for organisations.
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