PART VIMISCELLANEOUS AND GENERAL
Appeals36
1
Subject to paragraph (3), a person may appeal to the appropriate person if that person is aggrieved by a decision of the Ministers—
a
not to grant his application for—
i
the authorisation, or the renewal of an authorisation, of a biocidal product under regulation 9 or 13,
ii
the authorisation of a biocidal product under regulation 17, or
iii
the registration, or the renewal of a registration, of a biocidal product under regulation 10 or 14;
b
to impose a condition or restriction when granting his application for—
i
an authorisation of a biocidal product under regulation 9, 13 or 17, or
ii
a registration of a biocidal product under regulation 10 or 14;
c
made pursuant to regulation 16(6), to prohibit him from conducting an experiment or test or to impose conditions regarding the conduct by him of an experiment or test;
d
made pursuant to regulation 20(1), to modify a condition of use subject to which an authorisation or registration has been granted to him under regulations 9 to 15 or 17;
e
not to modify a condition of use, subject to which an authorisation or registration has been granted to him under regulations 9 to 15 or 17, when requested by him to do so under regulation 20(2);
f
made pursuant to regulation 19, other than paragraph (12) of that regulation, to revoke an authorisation or a registration granted to him under regulations 9 to 15 or 17;
g
not to revoke an authorisation or registration granted to him under regulations 9 to 15 or 17, when requested by him to do so under regulation 19(12);
h
not to issue a frame-formulation, when requested by him to do so under regulation 18(1)(a);
i
made pursuant to regulation 25, not to give their consent to him referring to information; or
j
made pursuant to regulation 26(2)(b), not to keep confidential information submitted by him to the Ministers.
2
A person may appeal to the appropriate person if that person is aggrieved by a decision of the Ministers—
a
not to grant him a period of time longer than 3 months in which to make an application under regulation 9, 10, 11 or 12 pursuant to paragraphs 5 or 8 of Schedule 13;
b
not to grant him a certificate of exemption;
c
to impose a condition when granting him a certificate of exemption;
d
to revoke a certificate of exemption granted to him;
e
relating to the period of time for which a certificate of exemption is granted to him,
and in this paragraph, “certificate of exemption” means a certificate of exemption referred to in Schedule 13.
3
Paragraph (1) shall not apply where the decision of the Ministers in question is made to give effect to a Commission decision.
4
The provisions of Schedule 10 shall apply where an aggrieved person appeals to the appropriate person.
5
Where an appeal is brought under paragraphs (1)(d), (1)(f) or (2)(d), the decision in question shall be suspended pending the final determination of the appeal.
6
Where an appeal is brought under paragraph (1)(j), pending final determination of the appeal, the Ministers shall not disclose the information except—
a
to the Commission or a competent authority; and
b
to the extent necessary to enable the Ministers to deal with the application in question made under these Regulations.
7
A person who receives information by virtue of paragraph (6)(b) shall not use that information except for the purposes of the Ministers.