The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1647 |
| Year | 2020 |
2020 No. 1647
Exiting The European Union
Environmental Protection
The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020
Made 17th December 2020
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraphs 1(1) and 8F(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.
PART 1
Introduction
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020.
(2) This Part, and Part 5, come into force immediately before IP completion day.
(3) Parts 2, 3 and 4, and Schedules 1 and 2, come into force on IP completion day.
(4) Parts 2 and 3, and Schedules 1 and 2, extend to England and Wales and Scotland.
(5) Part 4 extends to Northern Ireland.
PART 2
Retention of legislative functions: restriction of hazardous substances in electrical and electronic equipment
Interpretation
2. In this Part and in Schedule 1—
“the 2012 Regulations” means the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 20122;
“EEE” has the meaning given in regulation 4 of the 2012 Regulations, and a reference to a numbered category of EEE is a reference to the category of EEE so numbered in Schedule 1 to the 2012 Regulations;
“exemption” means an exemption, for a specified application of a specified material or component of EEE, from the restriction in regulation 3(1) of the 2012 Regulations on the use of certain hazardous substances in EEE;
“expiry date”, in relation to an exemption in Table 1 in Schedule A2 to the 2012 Regulations3, means the date specified in the sixth column of that table as the date on which, subject to regulation 5(8), the exemption expires;
“GB REACH” means Regulation (EC) No 1907/2006of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)4;
“homogeneous material” has the meaning given in regulation 3(3) of the 2012 Regulations;
“restricted substance” means a substance listed in Schedule A1 to the 2012 Regulations5;
“the list of restricted substances” means the list of substances set out in Schedule A1 to the 2012 Regulations;
“waste” means any substance or object which the holder discards or intends or is required to discard.
Power to amend list of restricted substances and maximum concentration values
3.—(1) The Secretary of State may, by regulations, make provision for or in connection with—
(a)
(a) amending the list of restricted substances;
(b)
(b) prescribing maximum concentration values by weight of restricted substances in homogeneous materials which may be contained in EEE placed on the market.
(2) Regulations under paragraph (1) may only be made—
(a)
(a) for the purpose of contributing to achievement of the objective of the protection of human health and the environment, including the environmentally sound recovery and disposal of waste EEE, and taking account of the precautionary principle; and
(b)
(b) following a review of the list of substances.
(3) When carrying out a review of the list of substances or making regulations under paragraph (1), the Secretary of State must—
(a)
(a) take into account other relevant legislation relating to chemicals, including among other things Annexes 14 and 17 to GB REACH, and use publicly available knowledge obtained from the application of such legislation;
(b)
(b) take into account whether a substance, including substances of very small size or with a very small internal or surface structure, or a group of similar substances—
(i) could have a negative impact during EEE waste management operations, including on the possibilities for preparing for the reuse of waste EEE or for recycling of materials from waste EEE;
(ii) could give rise, given its uses, to uncontrolled or diffuse release into the environment of the substance, or could give rise to hazardous residues, or transformation or degradation of products through the preparation for reuse, recycling or other treatment of materials from waste EEE under current operational conditions;
(iii) could lead to unacceptable exposure of workers involved in the waste EEE collection or treatment processes;
(iv) could be replaced by substitutes or alternative technologies which have less negative impacts.
Power to prescribe detailed rules for complying with maximum concentration values
4. The Secretary of State may, by regulations, make provision for or in connection with prescribing detailed rules for complying with maximum concentration values.
Power to grant, extend or revoke exemptions
5.—(1) The Secretary of State may, by regulations, amend Schedule A2 to the 2012 Regulations to make provision for or in connection with granting, renewing or revoking an exemption.
(2) Regulations under paragraph (1) may only be made if they are for the purposes of—
(a)
(a) adapting Schedule A2 to take into account scientific or technical progress; and
(b)
(b) contributing to achievement of the objective of the protection of human health and the environment, including the environmentally sound recovery and disposal of waste EEE.
(3) The Secretary of State must, when making regulations under paragraph (1)—
(a)
(a) when determining whether to grant or renew an exemption, take into account the availability of substitute materials or components and the socioeconomic impact of substitution;
(b)
(b) when determining the duration of an exemption, take into account any potential adverse impacts on innovation;
(c)
(c) where relevant, take into account the overall environmental, social and economic impacts of an exemption over the whole duration of the exemption.
(4) The regulations may not make any provision which the Secretary of State considers would weaken the environmental or health protection afforded by GB REACH.
(5) The regulations may not grant or renew an exemption unless the Secretary of State considers that—
(a)
(a) the elimination or substitution of the material or component, via design changes or use of materials or components which do not include any restricted substances, is scientifically or technically impracticable;
(b)
(b) the reliability of substitute materials or components is not ensured; or
(c)
(c) the total negative environmental, health and consumer safety impacts caused by substitution of another material or component is likely to outweigh the total environmental, health and consumer safety benefits of the substitution.
(6) Subject to paragraph (9), regulations which grant or renew an exemption must specify its expiry date.
(7) The expiry date must be not more than—
(a)
(a) 5 years from the date on which the exemption or renewal comes into force, for an exemption relating to EEE in category 1 to 7, 10 or 11;
(b)
(b) 7 years from the date on which the exemption or renewal comes into force, for an exemption relating to EEE in category 8 or 9.
(8) The expiry date for an exemption is subject to—
(a)
(a) any regulations which may be made by the Secretary of State to revoke the exemption from an earlier date, or to renew the exemption; and
(b)
(b) the exemption continuing into force after its expiry date under regulation 6(4) or 7(4), or the expiry date not applying by virtue of regulation 10(3), where the circumstances specified in those paragraphs apply.
(9) Regulations need not specify an expiry date for an exemption if the exemption is for spare parts for EEE manufactured before a date specified in the regulations.
(10) The Secretary of State must make regulations to revoke an exemption if the Secretary of State considers that—
(a)
(a) the exemption weakens the environmental or health protection afforded by GB REACH; or
(b)
(b) the relevant condition in paragraph (5) is no longer fulfilled in relation to the exemption.
Applications for granting, renewing or revoking an exemption
6.—(1) Subject to paragraph (5), a person specified in paragraph 1 of Schedule 1 may make an application to the Secretary of State for the granting, renewal or revocation of an exemption.
(2) An application—
(a)
(a) must be made in such form and manner as the Secretary of State may specify;
(b)
(b) must include the information set out in paragraph 2 of Schedule 1; and
(c)
(c) if the application is for the renewal of an exemption, must be made no later than 18 months before the exemption expires.
(3) Where the Secretary of State receives an application in accordance with paragraphs (1) and (2), the Secretary of State must—
(a)
(a) within one month, provide to the applicant—
(i) an acknowledgement of receipt of the application; and
(ii) an estimate of the time within which the Secretary of State will determine the application and, if applicable, the time within which the Secretary of State will make regulations to implement the determination;
(b)
(b) publish a summary of the application;
(c)
(c) consider, in particular, the matters referred to in paragraphs (2) to (5) of regulation 5;
(d)
(d) consult such persons as the Secretary of State considers appropriate about the application; and
(e)
(e) publish a summary of the responses to the consultation.
(4) If an application is...
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