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9. In regulation 13—
(a)in paragraph (1), after “regulation 5” add “, or to a competent authority under Article 11”;
(b)for paragraph (2), substitute—
“(2) The Executive shall not authorise a biocidal product under paragraph (1) unless the Executive has made the determinations referred to in Schedule 3 and either—
(a)in accordance with regulation 6(2), it has evaluated the new active substance contained in that biocidal product which is not included in Annex I or Annex IA; or
(b)it is satisfied that an evaluation has been carried out by a competent authority of the new active substance contained in that biocidal product which is not included in Annex I or Annex IA.”; and
(c)in paragraph (4)—
(i)omit “and”, and
(ii)omit sub-paragraph (b).
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