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The Biocidal Products (Amendment) Regulations (Northern Ireland) 2007

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Amendment of the Biocidal Products Regulations (Northern Ireland) 2001

3.  In regulation 2(1)—

(a)for the definition of “the 1995 Regulations” substitute—

“the 2002 Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002(1);;

(b)in the definition of “approved supply list”, for “the 1995 Regulations” substitute “the 2002 Regulations”;

(c)in the definition of “classified”, for “regulation 5 of the 1995 Regulations” substitute “regulation 4 of the 2002 Regulations”;

(d)in the definition of “the Directive”, after “16th February 1998” insert “as from time to time amended,”;

(e)for the definition of “existing active substance”, substitute—

“existing active substance” means an active substance on the market in the European Community before 14th May 2000 as an active substance of a biocidal product for a purpose other than process-orientated research and development or scientific research or development(2);;

(f)in the definition of “first review regulation”, after “Commission Regulation (EC) 1896/2000” add “as from time to time amended”;

(g)for the definition of “new active substance” substitute —

“new active substance” means an active substance which is not an existing active substance, but in regulations 13 and 14 shall not include any active substance that is deemed not to have been placed on the market in the European Community for biocidal purposes before 14th May 2000 by virtue of the second review regulation;; and

(h)after the definition of “scientific research and development”, insert—

“the second review regulation” means Commission Regulation (EC) No. 2032/2003 as from time to time amended;.

(1)

S.R. 2002 No. 301, amended by SR. 2005 No. 463

(2)

References to an existing active substance in these Regulations are affected by the provisions of Article 4.3 of the second review regulation, as amended by the Commission Regulation (EC) no. 1048/2005 (OJ No. L178, 9.7.2005, p.1.) (“the third review regulation”), which states that “from the date of entry into force of this Regulation, any active substance not listed in Annex I or Annex VII shall be deemed not to have been placed on the market for biocidal purposes before 14 May 2000”

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