CHAPTER XVIIFINAL PROVISIONS
F1Article 95FTransitional measures for applications for same biocidal product authorisations
(1.
This Article applies where—
(a)
an application was made to the United Kingdom competent authority before IP completion day under Articles 3 or 4 of Commission Implementing Regulation (EU) No 414/2013 of 6 May 2013 specifying a procedure for the authorisation of same biocidal products in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council, and
(b)
a decision was not made before IP completion day.
(2.
The application is to be treated as having been made under Articles 3 or 4 (as appropriate) of Regulation (EU) No 414/2013 and the time limits under those Articles are apply from—
(a)
the date on which the applicant resubmits the application and any supporting data to the competent authority, or
(b)
where the applicant relies on a letter of access, whichever is the later of the following—
(i)
the applicant resubmits the application, or
(ii)
the data owner resubmits the data.
(3.
Where the applicant does not meet the requirements of this Article, the application must be rejected by the competent authority and Article 89(11) applies as if the application had been submitted in accordance with Article 89(9).
(4.
For the purposes of this Article, data submitted by the applicant or the data owner must include relevant data for the reference product.
(5.
The resubmission of any application and data referred to in paragraph 2 must be completed in accordance with Article 71 of this Regulation and within 180 days of IP completion day.