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

Amendments relating to the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

17.  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”.”.