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”.