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SCHEDULE 12Transitional Provisions

8.  Where—

(a)there is made a decision referred to in paragraph 2(a);

(b)by virtue of that paragraph these Regulations apply to a biocidal product containing the unlisted active substance in question; and

(c)the competent authority of a member State has authorised or registered that biocidal product for placing on the market and use,

the person responsible for first placing the biocidal product on the market in Northern Ireland may make an application under regulation 11 or 12, as the case may be, in respect of that biocidal product not later than 3 months after that authorisation or registration was granted, or such longer period as the Executive may determine.