The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020

Amendments relating to Regulation (EU) No 528/2012 (“the Biocides Regulation”)

30.  For paragraph 108 (amendment of Article 62 of the Biocides Regulation), substitute—

“108.   In Article 62(2)—

(a) in the first subparagraph, after point (b)—

(i) in the first place it occurs, for “Agency” substitute “competent authority”;

(ii) omit “Agency or to a”;

(iii) after “under this Regulation” insert “or Regulation (EU) No 528/2012 as it had effect immediately before IP completion day”;

(iv) for “The Agency shall” substitute “The competent authority must”;

(v) at the end, insert “and whether the competent authority has access to the tests or studies”;

(b) in the second subparagraph—

(i) omit “Agency or to a”;

(ii) after “under this Regulation” insert “or Regulation (EU) No 528/2012 as it had effect immediately before IP completion day”;

(iii) for “the Agency shall” substitute “and where the competent authority has access to the tests or studies the competent authority must”.”.