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The Export and Import of Dangerous Chemicals Regulations 2005

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The Export and Import of Dangerous Chemicals Regulations 2005 List of acts
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CONTENTS

STATUTORY INSTRUMENTS

2005 No. 928

HEALTH AND SAFETY

The Export and Import of Dangerous Chemicals Regulations 2005
 Made 23rd March 2005   
Laid before Parliament 1st April 2005   
Coming into force 22nd April 2005

 

The Secretary of State, being the Minister designated for the purposes of section 2(2) of the European Communities Act 1972[1] in relation to the control of the import and export of goods[2], the notification and control of substances[3], the regulation and control of classification, packaging and labelling of dangerous substances and preparations[4], and measures relating to consumer protection[5], in exercise of the powers conferred on him by that section[6] hereby makes the following Regulations:

Citation, Commencement and interpretation

1. - (1) These Regulations, which extend to Great Britain, may be cited as the Export and Import of Dangerous Chemicals Regulations 2005 and shall come into force on 22nd April 2005.

(2) In these Regulations -

"the 1974 Act" means the Health and Safety at Work etc. Act 1974[7];

"the Commission" means the Health and Safety Commission established under section 10 of the 1974 Act;

"the Executive" means the Health and Safety Executive established under section 10 of the 1974 Act; and

"the Regulation" means Regulation (EC) No. 304/2003 of the European Parliament and of the Council of 28th January 2003 concerning the export and import of dangerous chemicals[8], as amended by Commission Regulation (EC) No. 1213/2003 of 7th July 2003[9] and Commission Regulation (EC) No. 775/2004 of 26th April 2004[10]

Appointment of designated authorities

2. The Commission shall be the designated national authority -

(a) to act for the performance of the administrative functions required by the Regulation, in accordance with Article 4 thereof; and

(b) that shall have the responsibility of controlling the import and export of chemicals listed in Annex I of the Regulation, in accordance with Article 17 thereof.

False or misleading information

3. An exporter or importer shall not provide information pursuant to the requirements of any Article of the Regulation knowing it to be false or misleading in a material particular, or being reckless as to whether it is false or misleading in a material particular.

Enforcement and offences

4.  - (1) Subject to paragraph (5), it shall be the duty of the Executive to make adequate arrangements for the enforcement of the Regulation and of these Regulations, and accordingly a reference to the enforcing authority in the provisions applied for those purposes by paragraph (3) shall be construed as a reference to the Executive.

(2) Subject to paragraphs (5) and (6), the provisions of the 1974 Act specified in paragraph (3) shall apply for the purposes of the enforcement in Great Britain of the Regulation and these Regulations as if they were health and safety regulations for the purposes of that Act, and any function of the Commission under any provision of the 1974 Act which is exercisable in relation to any function of the Executive under or in respect of health and safety regulations (including their enforcement) shall be exercisable as if the Regulation and these Regulations were health and safety regulations for the purposes of that Act.

(3) The provisions of the 1974 Act referred to in paragraph (2) are -

(a) sections 19 and 20 (appointment and powers of inspectors);

(b) sections 25A to 28 (Customs power to detain imports, power to indemnify inspectors, power to obtain information, information provided by Customs, and restrictions on disclosure of information); and

(c) sections 33 to 42 (provisions as to offences).

(4) For the purposes of paragraph (2) -

(a) section 25A of the 1974 Act shall have effect as if in subsection (1) of that section, after the word "substance", there were inserted the words "or any article bound for export or any substance bound for export"; and

(b) section 27A of the 1974 Act shall have effect as if in subsection (1) of that section, after the word "imports", there were inserted the words "or exports".

(5) Contravention of Article 14(2) of the Regulation, which prohibits the export of chemicals and articles the use of which is prohibited in the Community for the protection of human health or the environment, as listed in Annex V of the Regulation, shall be subject to enforcement under the Customs and Excise Management Act 1979[11], and not as a contravention of a health and safety regulation.

(6) A failure to discharge a duty placed -

(a) by the Regulation on a designated national authority; or

(b) by these Regulations on the Executive,

shall not be an offence under section 33(1)(c) of the 1974 Act.

Revocation and Amendments

5. - (1) The Export of Dangerous Chemicals Regulations 1992[12] are revoked.

(2) In the Notification of New Substances Regulations 1993[13] in sub-paragraph (i) of regulation 3(2) for the reference "Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances" substitute the reference "Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals".

(3) In the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002[14] in sub-paragraph (c) of regulation 3(4) for the reference "Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances" substitute the reference "Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals".

 
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