Museum Exemption Certificate
Frequently Asked Questions
Q. What do you mean by ‘a competent person’?
A. For the purpose of complying with the exemption conditions, HSE expects
‘a competent person’ to be a person who has received appropriate
information, instruction and training and can demonstrate an adequate
understanding of the task to be undertaken.
Q. How long will the certificate be valid for?
A. The class exemption certificate will be valid for 10 years from the date it
was signed.
Q. Why does the certificate only last for 10 years?
A. It is normal Government policy to review Legislative requirements. HSE
will perform the review and there will only be action required by the museums
if the exemption conditions need amending. The museums will be consulted
in these circumstances.
Q. What if we need to send an asbestos-containing artefact out for
conservation?
A. The REACH prohibition does not apply in these circumstances as this
activity is not considered to be ‘placing on the market’, therefore no exemption
is required.
Q. What if the loan / transfer is intended for a non-museum recipient?
A. This is not covered by the class exemption. Applications for exemptions for
loans to non-museums must be submitted to HSE to consider on a case-bycase basis.
Q. What happens if a museum does not apply the conditions set out in the
exemption?
A. The conditions have been set to ensure a high level of protection of human
health and must be applied. If a museum does not apply the conditions set
out in the exemption then they will be in breach of the REACH Regulation.
Q. Condition 3b of the certificate requires a written record to be prepared.
How long does this record need to be retained for?
A. The written record is to be retained for the period of the loan.
Q. Does placing on the market mean selling?
A. Placing on the market means supplying or making available, whether in
return for payment or free of charge to a third party. Import shall be deemed
as placing on the market.
Q. Does this exemption apply to a museum that is operated by a single
person?
A. The class exemption applies to museums operated by an ‘organisation’
and museums operated by ‘individuals’. The transfer of an artefact is not to
the person/people who run the museum but to the museum itself.
Q. What if a museum only holds artefacts for archival purposes, but does not
make them publicly accessible?
A. Museums do not have to display every artefact in their possession.
However, if an organisation does not make any of the artefacts they hold
publicly accessible, then we do not believe that they could be realistically
classed as a museum.
Q. In the exemption certificate a museum is defined as an ‘organisation’ does
this imply that it is only a museum if it is run by more than one person?
A. Although the term ‘organisation’ can suggest the involvement of more than
one person, for the purpose of this class exemption ‘organisation’ includes
something that is organised by one person.