SCHEDULE 2AMENDMENTS TO RETAINED DIRECT EU LEGISLATION

Commission Delegated Regulation (EU) No 1062/2014214

1

Article 2 is amended as follows.

2

For point (a), substitute—

a

‘non-approval decision’ means a decision—

i

pursuant to Article 9(1)(b) of Regulation (EU) No 528/2012 not to approve a substance/product-type combination;

ii

made before exit day, pursuant to the third subparagraph of Article 89(1) of that Regulation as it had effect immediately before exit day, not to approve a substance/product-type combination;

iii

made after exit day, pursuant to Article 89(5) of that Regulation, not to approve a substance/product-type combination; or

iv

not to include it in Annex I or IA to Directive 98/8/EC.

3

In point (b)(i)—

a

in the second indent after the words “a Regulation” insert “, made before exit day,”;

b

after the second indent, insert—

  • a decision issued by the Secretary of State pursuant to Article 89(5) of Regulation (EU) No 528/2012 after exit day;

4

For point (d), substitute—

d

‘competent authority’ means the authority appointed in accordance with—

i

regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 201398;

ii

regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 201399;

5

After point (d), insert—

e

‘the consent requirement’ means the requirement for consent in accordance with Article 83B of Regulation (EU) No 528/2012.

f

‘appropriate fee’ means the fee payable for the activity concerned in—

i

regulations made under section 43 of the Health and Safety at Work etc. Act 1974100 where the competent authority is appointed in accordance with regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013; or

ii

regulations made under Article 40 of the Health and Safety at Work (Northern Ireland) Order 1978101 where the competent authority is appointed in accordance with regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013

g

‘Devolved Authority’ means—

i

the Scottish Ministers,

ii

the Welsh Ministers, or

iii

a Northern Ireland department.