Home → Updates → Legal → The Biocidal Products (Health and Safety) (Amendment) Regulations 2022
The Biocidal Products (Health and Safety) (Amendment) Regulations 2022
Jurisdiction: Great Britain
Commencement: 31st December 2022
Amends: GB Retained: Regulation (EU) 528/2012 concerning the making available on the market and use of biocidal products
Mini Summary
Duties
Various duties apply.
Amendment
Article 26 (Applicable procedure) and Article 29 (Submission and validation of applications) are amended.
The competent authority* must inform applicants** of any fees payable by 31st December 2027.
*The competent authority is:
- for England, the Secretary of State;
- for Scotland, the Scottish Ministers; and
- for Wales, the Welsh Ministers.
**Applicants refers to applicants of any application:
- made under Article 95B;
- made under Article 95D;
- made under Article 95E with regard to relevant category B products**;
- made under Article 95F;
- made under Article 95FA; and
- made under Article 95H.
**Relevant category B products are any product containing an active substance listed in the Simplified Active Substance List.
Authorisation and evaluation of applications
The competent authority must decide whether to authorise applications that were validated in accordance with Article 19 by 31st December 2027. This applies only to applications that were validated before 31st December 2026.
The competent authority must authorise any application by 31st December 2027 if:
- the application was accepted before 2nd October 2027; and
- the competent authority is satisfied the application meets the conditions set out in Article 25.
N.B. The deadline may be extended if the competent authority requires additional information on an application.
An application must be rejected if the applicant fails to submit the required information.
Minor technical changes are made to Article 89. The deadline by which the competent authority must authorise applications concerning biocidal products is extended to:
- 29th April 2028 for Article 26(2A);
- 31st December 2027 for Article 26(3A) or Article 30(1A);
- 1st March 2029 for Article 29(1A); or
- 31st December 2027 for Regulation (EU) 414/2013 specifying a procedure for the authorisation of same biocidal products in accordance with Regulation (EU) 528/2012.
Transitional measures for applications
- made to the competent authority before IP completion day;
- made under Article 4a of Regulation (EU) 414/2013; and
- for which an authorisation decision was not made before IP completion day.
Applicants must resubmit the application and any supporting data to the competent authority by 31st January 2023.
The competent authority must reject any application which does not meet the requirements set out in Article 95FA.
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