The Biocidal Products (Health and Safety) (Amendment) Regulations 2022

Amendment of Commission Implementing Regulation (EU) No 414/2013

4.—(1) Commission Implementing Regulation (EU) No 414/2013 specifying a procedure for the authorisation of same biocidal products in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council is amended as follows.

(2) In Article 5—

(a) renumber the existing paragraph as paragraph 1;

(b) at the beginning of that paragraph insert “Subject to paragraph 2,”;

(c) after that paragraph insert—

“2.   By way of derogation from Article 30 of Regulation No 528/2012, where an application for authorisation of a same product is validated in accordance with Article 3 before 1st November 2027, or, where applicable, the subsequent date of adoption of the corresponding decision concerning the related reference product is before 1st November 2027, the competent authority must decide whether to grant or refuse the authorisation in accordance with Article 19 of that Regulation before 31st December 2027.”.

(3) In Article 6a—

(a) at the beginning of paragraph 1 insert “Subject to paragraph 1A,”;

(b) after paragraph 1, insert—

“1A.   By way of derogation from Article 26(3) and (4) of Regulation No 528/2012, where an application for authorisation of a same product is accepted in accordance with Article 4a(2) before 1st November 2027, or, where applicable, the subsequent date of adoption of the corresponding decision concerning the related reference product is before 1st November 2027, the competent authority must decide whether to grant or refuse the authorisation in accordance with Article 25 of that Regulation before 31st December 2027.”.