1.By way of derogation from Article 58(2), a treated article treated with or intentionally incorporating one or more biocidal products containing only active substances that are under examination for the relevant product-type in the work programme referred to in Article 89(1) on 1 September 2016 or for which an application for approval for the relevant product-type is submitted by that date, or containing only a combination of such substances and active substances included in the list drawn up in accordance with Article 9(2) for the relevant product-type and use or included in [F2the Simplified Active Substance List], may be placed on the market until one of the following dates:
(a)in the case of a decision adopted [F3by the Commission after 1 September 2016 but before IP completion day or issued by the Secretary of State after IP completion day] to reject the application for approval of, or not to approve, one of the active substances for the relevant use, the date falling 180 days after such a decision;
(b)in other cases, the date of approval for the relevant product-type and use of the last active substance to be approved and contained in the biocidal product.
F42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Substituted by Regulation (EU) No 334/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products, with regard to certain conditions for access to the market (Text with EEA relevance).
F2Words in Art. 94(1) 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. 135(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 94(1)(a) 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. 135(2)(b) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 37); 2020 c. 1, Sch. 5 para. 1(1)