Citation, commencement and interpretation

1.—(1) These Regulations, which extend to the United Kingdom, may be cited as the Export and Import of Dangerous Chemicals Regulations 2008 and shall come into force on 3rd September 2008.

(2) In these Regulations–

“the 1974 Act” means the Health and Safety at Work etc. Act 1974(12);

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978(13);

“the Great Britain Executive” means the Health and Safety Executive established under section 10 of the 1974 Act;

“the Northern Ireland Executive” means the Health and Safety Executive for Northern Ireland established under Article 12 of the 1978 Order; and

“the Regulation” means Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, of which Annexes I and V are as amended from time to time.

Appointment of designated national authorities

2.  The Great Britain Executive and the Northern Ireland Executive shall be the designated national authorities–

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

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

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 (8), it shall be the duty of the Great Britain Executive and the Northern Ireland Executive to make adequate arrangements for the enforcement of the Regulation and of these Regulations, and accordingly references to the enforcing authority in the provisions applied for those purposes by paragraphs (3) and (6) shall be construed as references to the Great Britain Executive and the Northern Ireland Executive.

(2) Subject to paragraphs (8) and (9), 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 the Regulation and these Regulations were health and safety regulations for the purposes of that Act, and any function of the Great Britain Executive under any provision of the 1974 Act 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) Subject to paragraphs (8) and (9), the provisions of the 1978 Order specified in paragraph (6) shall apply for the purposes of the enforcement in Northern Ireland of the Regulation and these Regulations as if the Regulation and these Regulations were health and safety regulations for the purposes of that Order, and any function of the Northern Ireland Executive under any provision of the 1978 Order shall be exercisable as if the Regulation and these Regulations were health and safety regulations for the purposes of that Order.

(6) The provisions of the 1978 Order referred to in paragraph (5) are–

(a) Articles 21 and 22 (appointment and powers of inspectors);

(b) Articles 27A to 30 (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) Articles 31 to 39 (provisions as to offences).

(7) For the purposes of paragraph (5)—

(a) Article 27A of the 1978 Order shall have effect as if in paragraph (1) of that Article, after the word “substance”, there were inserted the words “or any article bound for export or any substance bound for export”; and

(b) Article 29A of the 1978 Order shall have effect as if in paragraph (1) of that Article, after the word “imports”, there were inserted the words “or exports”.

(8) 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(14).

(9) A failure to discharge a duty placed–

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

(b) by these Regulations on the Great Britain Executive or the Northern Ireland Executive,

shall not be an offence under section 33(1)(c) of the 1974 Act or under Article 31(1)(c) of the 1978 Order.

Revocation and amendments

5.—(1) The Export and Import of Dangerous Chemicals Regulations 2005(15), the Export of Dangerous Chemicals Regulations (Northern Ireland) 1992(16) and the Export of Dangerous Chemicals (Amendment) Regulations (Northern Ireland) 1999(17) are revoked.

(2) In the Notification of New Substances Regulations 1993(18) in sub-paragraph (i) of regulation 3(2) for “Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.

(3) In the Notification of New Substances Regulations (Northern Ireland) 1994(19) in regulation 3(2)(h) for “Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.

(4) In the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(20) in sub-paragraph (c) of regulation 3(4) for “Regulation (EC) No. 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.

(5) In the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(21), in sub-paragraph (c) of regulation 3(4) for “Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances” substitute “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, Annexes I and V of which are as amended from time to time”.