The Biocidal Products (Amendment) Regulations (Northern Ireland) 2010

Amendment of the Biocidal Products Regulations (Northern Ireland) 2001

2.—(1) The Biocidal Products Regulations (Northern Ireland) 2001(1) shall be amended in accordance with the following paragraphs.

(2) In regulation 2(1)—

(a) after the definition of “feedingstuff”, insert—

““the fifth review regulation” means Commission Regulation (EC) No. 1451/2007(2);”;

(b) in the definition of “new active substance”, substitute “fifth” for “second”;

(c) for the definition of “placing on the market” substitute—

““placing on the market” means—

(a)

any supply, whether in return for payment or not, within Northern Ireland; or

(b)

importation of a biocidal product into Northern Ireland; or

(c)

any subsequent storage other than storage followed by—

(i)

consignment from the customs territory of the European Community; or

(ii)

disposal,

and “on the market” shall be construed accordingly;; and”; and

(d) omit the definition of “the second review regulation”.

(3) In regulation 3—

(a) in paragraph (3) for “that that” substitute “that the”; and

(b) in paragraph (7)(b), for “in paragraph 8 of Schedule 4 to the PPP Regulations” substitute “in paragraph 12 of Schedule 4 to the PPP Regulations”.

(4) In regulation 3A—

(a) in paragraph (1), for “which contains no active substances other than existing active substances” substitute “where all the active substances in that product are existing active substances.”;

(b) for paragraph (2) substitute—

“(2) Subject to paragraph (4), paragraph (1) shall cease to apply on 14th May 2014”; and

(c) after paragraph (3) insert—

“(4) Where a decision under Article 16(2) to include an existing active substance in Annex I or IA sets a date for compliance with Article 16(3) which is later than 14th May 2014, paragraph (1) shall continue to apply in relation to biocidal products that include that active substance until the date set in that decision.”.

(5) In regulation 23, for each reference to “2010”, wherever it appears, substitute “2014”.

(6) In regulation 24, for each reference to “2010”, wherever it appears, substitute “2014”.

(7) In Schedule 2—

(a) omit paragraph (g) and (k); and

(b) after paragraph (r), insert—

“(s) the Medical Devices Regulations 2002(3);

(t) the Plant Protection Products Regulations (Northern Ireland) 2005(4).”.

(8) In Schedule 12—

(a) in paragraph 1, for the definition of “COPR biocidal product”, substitute—

““COPR biocidal product” means any substance, preparation or organism prepared or used for any of the purposes listed in regulation 3(1) of COPR 1987, which is not a plant protection product and “plant protection product” has the same meaning as in regulation 2(1) of the Plant Protection Products Regulations (Northern Ireland) 2005”; and;

(b) after paragraph 1, insert—

“1A.   This Schedule applies only in relation to a biocidal product where all the active substances in that product are existing active substances.”;

(c) in paragraph 2A, for “the first sub-paragraph of Article 4.2 of the second review regulation” substitute “Article 4.1 of the fifth review regulation”;

(d) in paragraph 5, for “not later than 3 months after that decision takes effect” substitute “not later than the date that decision takes effect”; and

(e) in paragraph 8, for “not later than 3 months” substitute “not later than 2 months”.

(1)

S.R. 2001 No. 422, as amended by S.R. 2002 No. 302, S.I. 2003/429, S.I. 2005/2451, S.R. 2007 No. 190 and S.R. 2009 No. 238

(2)

O.J. No. L325/3, 11.12.2007, p.1

(3)

S.I. 2002/618

(4)

S.R. 2005 No. 526, as amended by S.R. 2006 No. 278, S.R. 2007 No. 251, S.R. 2008 No. 85 and amended and revoked in part by S.R. 2008 No. 499