SCHEDULE 1Amendment of Schedule 1 to the 2019 Regulations

Amendments relating to the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 201317

For paragraph 23 substitute—

23

1

Regulation 14 is amended as follows.

2

In paragraph (1)—

a

for “paragraphs (3) and (4)” substitute “paragraph (4)”;

b

at the end insert “or the Review Regulation listed in paragraph (2A)”.

3

In paragraph (2)—

a

at the start, for “The decisions” substitute “In relation to the Biocides Regulation, the decisions”;

b

above paragraph (a) insert—

za

to prohibit or amend the terms and conditions under which a biocidal product may be made available on the market under Article 17A(2);

c

omit sub-paragraphs (f), (g), (k) and (l);

d

before sub-paragraph (m) insert—

la

to reject an application due to non-payment of fees under Article 54(3);

lb

to establish technical equivalence under Article 54(4);

lc

to reject an application for failure to provide additional information under Article 54(5);

e

after paragraph (n) insert—

na

to give a prospective applicant data under Article 63(3);

nb

to refuse a request under Article 63(3) where every effort has not been made to reach an agreement;

f

after paragraph (o) insert—

oa

to allow a subsequent applicant to refer to data previously provided by P under Article 64(1);

4

After paragraph (2) insert—

2A

In relation to the Review Regulation, the decision referred to in paragraph 9(1) is a decision to reject a notification made under Articles 14(2) or 16(5).

5

Omit paragraph (3).

6

In paragraph (4)—

a

in sub-paragraph (a)—

i

for “(g)” substitute “(e)”;

ii

after “(j)” insert “(la), (lc),”;

b

in sub-paragraph (b) omit “and 2(l)”;

c

in sub-paragraph (d) omit “, (k)”;

d

after sub-paragraph (d) insert—

e

in relation to paragraph (2)(za), the decision relates to a notification by P, or someone on behalf of P”;

f

in relation to paragraph (2A), the decision relates to a notification by P, or by someone on behalf of P.

7

In paragraph (7), for “Commission or another competent authority” substitute “Secretary of State or a Devolved Authority”.