Environmental Protection PART 1 GENERAL Citation and commencement 1 1 These Regulations may be cited as the Chemicals (Health and Safety) Trade and Miscellaneous Amendments Regulations 2022. 2 These Regulations come into force on the 22nd day after the day on which they are made. Extent 2 1 This Part and Part 2 extend to England and Wales, Northern Ireland and Scotland. 2 An amendment made by Part 3 and Part 4 has the same extent as the provision amended. PART 2 TRADE Disclosure of chemical trade and safety information within UK 3 1 This regulation applies to information which relates to the trade in or safety of chemicals supplied by a relevant trading partner, or such person as a relevant trading partner may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of the EEA EFTA Agreement (including any annex to such agreement). 2 The Executive may disclose that information for a permitted purpose. 3 The following are the “permitted purposes” for the purpose of paragraph (2)— a to ensure health and safety; b to ensure protection of consumers; c to ensure protection of the environment. 4 A person who receives information as a result of paragraph (2) may— a use the information for a permitted purpose, or b further disclose that information with the consent of the Executive. 5 A person who receives the information following consent by the Executive under sub-paragraph 4(b) may use or disclose the information in accordance with paragraph (4). Disclosure of chemical trade and safety information to a relevant trading partner 4 1 This regulation applies to information held by the Executive which relates to the trade in or safety of chemicals. 2 The Executive may disclose information to a relevant trading partner, or such person as the relevant trading partner may specify by written notice to the Secretary of State, for the purpose of giving effect to a provision of the EEA EFTA Agreement (including any annex to such agreement). General provisions about disclosure of chemical trade and safety information 5 1 Nothing in regulation 3 or 4 limits the circumstances in which information may be disclosed under any other enactment or rule of law. 2 A disclosure under regulation 3 or 4 does not breach— a any obligation of confidence owed by the Executive, or b any other restriction on the disclosure of that information (however imposed). 3 Nothing in this regulation, or regulation 3 and 4, authorises a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, regulation 3 and 4 of these Regulations should be taken into account). Interpretation of regulations 3 to 5 6 In regulations 3 to 5— “ data protection legislation ” has the same meaning as in the Data Protection Act 2018 ; “ EEA EFTA Agreement ” means the Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland ; “ relevant trading partner ” means a Party, other than the United Kingdom, to the EEA EFTA Agreement; “ the Executive ” means the Health and Safety Executive . PART 3 AMENDMENTS TO RETAINED DIRECT EU LEGISLATION Regulation (EC) No 1272/2008 7 1 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures is amended as follows. 2 In Article 21(3), omit “in that Part”. 3 In Article 53— a in paragraph 1, i from “The Commission” to “amending” substitute “The Secretary of State may by regulations amend”; ii omit from “Where imperative” to “this paragraph”. b omit paragraph 2. 4 Omit Article 53a (Exercise of the delegation). 5 Omit Article 53b (Urgency procedure). 6 Omit Article 53c (Separate delegated acts for different delegated powers). Regulation (EU) No 649/2012 8 1 Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (recast) is amended as follows. 2 In Article 3(16), substitute— “ export ” means: the export of a chemical made in accordance with sections 33(4), 35 or 36 of the Taxation (Cross-border Trade) Act 2018 ; the removal of a chemical from Great Britain to Northern Ireland; or the export of a chemical where the chemicals are, immediately prior to export, in a temporary storage facility or subject to the control of any HMRC officer as described in paragraph 1(2) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018, but does not include chemicals which are under a transit procedure by which chargeable goods may be moved between places in Great Britain.. . Regulation (EU) No 528/2012 9 1 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products is amended as follows. 2 In Article 2(3), omit “or other Union legislation”. 3 In Article 64(2), omit “, as applicable” . Commission Delegated Regulation (EU) No 1062/2014 10 1 Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council is amended as follows. 2 In the heading of Article 5, for “category 6” substitute “category B” . 3 In Article 5(1), for “category 6” substitute “category B” . 4 In Article 6(7)(a), for “UK mandatory classification” substitute “GB mandatory classification” . 5 In Article 20, omit “the third subparagraph of”. 6 In Article 22— a in paragraph (1), for “point (a)(ii) of Article 89(7)” substitute “Article 89(8)” ; b in paragraph (3), omit “point (a)(ii) of” . Commission Implementing Regulation (EU) No 88/2014 11 1 Commission Implementing Regulation (EU) No 88/2014 of 31 January 2014 specifying a procedure for the amendment of Annex I to Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products is amended as follows. 2 In Article 1(a), for “category 1, 2, 3, 4, 5 or 6” substitute “category A or category B” . 3 In Article 3(2), for “category 6” substitute “category B” . 4 In Article 4, in both places it occurs— a for “category 1, 2, 3, 4 or 5” substitute “category A” ; b for “category 6” substitute “category B” . 5 In Annex I— a in Part A, including the heading, in both places it occurs for “category 1, 2, 3, 4 or 5” substitute “category A” ; b in Part B, including the heading, in both places it occurs for “category 6” substitute “category B” . PART 4 DOMESTIC LEGISLATION Plant Protection Product (Fees and Charges) Regulations 2011 12 1 The Plant Protection Product (Fees and Charges) Regulations 2011 are amended as follows. 2 In regulation 2, in both places it occurs, for “EU law” substitute “Northern Ireland by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement” . Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 13 1 The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 are amended as follows. 2 In regulation 4(1), in paragraph (b) of the definition of the PIC Regulation, for “EU law” substitute “Northern Ireland by virtue of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement” . 3 In paragraph 1 of Schedule 2, in the definition of “plant protection product”, for “exit day” substitute “IP completion day” . 4 In paragraph 11 of Schedule 2, for “exit day” substitute “IP completion day” . Health and Safety and Nuclear (Fees) Regulations 2021 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by authority of the Secretary of State for Work and Pensions Claire Coutinho Parliamentary Under Secretary of State Department for Work and Pensions