CHAPTER XVII

FINAL PROVISIONS

Transitional measures concerning applications for biocidal product authorisations submitted under Directive 98/8/EC
Article 91
Applications for biocidal product authorisations submitted for the purposes of Directive 98/8/EC for which the evaluation had not been completed by 1 September 2013 shall be evaluated by the competent authority in accordance with that Directive.
Notwithstanding the first paragraph, the following shall apply:
- where the risk assessment of the active substance indicates that one or more of the criteria listed under Article 5(1) is met, the biocidal product shall be authorised in accordance with Article 19,
- where the risk assessment of the active substance indicates that one or more of the criteria listed under Article 10 is met, the biocidal product shall be authorised in accordance with Article 23.
Where the evaluation identifies concerns arising from the application of provisions of this Regulation which were not included in Directive 98/8/EC, the applicant shall be given the opportunity to provide additional information.
Word in Art. 91 substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 132(a); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 91 substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 132(b); 2020 c. 1, Sch. 5 para. 1(1)