The Biocidal Products (Amendment) Regulations (Northern Ireland) 2007

Contents

1Citation and commencement#

2Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

The Biocidal Products Regulations (Northern Ireland) 2001 shall be amended as follows.

3Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 2(1)—

(a)after the definition of “claim for benefit” there shall be inserted the following definition—“• “employment officer” means an officer of the Department, an officer of any other Department, or such other person as may be designated for the purposes of Article 10(1) of the Jobseekers (Northern Ireland) Order 1995 by an order made by the Department;”

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(e)after the definition of “subject matter” there shall be added –“• “the Testing Regulations” means the Goods Vehicles (Testing) Regulations (Northern Ireland) 2003.”

(f)in the definition of “first review regulation”, after “Commission Regulation (EC) 1896/2000” add “as from time to time amended”;

(g)for the definition of “new active substance” substitute —“• “new active substance” means an active substance which is not an existing active substance, but in regulations 13 and 14 shall not include any active substance that is deemed not to have been placed on the market in the European Community for biocidal purposes before 14th May 2000 by virtue of the second review regulation;”

(h)after the definition of “scientific research and development”, insert—“• “the second review regulation” means Commission Regulation (EC) No. 2032/2003 as from time to time amended;”

4Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 3—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(i)for sub-paragraph (a), substitute“a “the PPP Regulations” means the Plant Protection Products Regulations (Northern Ireland) 2005; and”

(ii)that child dies,

5Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

After regulation 3, insert—“3A 1 Subject to Schedule 12 and paragraphs (2) and (3) below, these Regulations shall not apply to a biocidal product which contains no active substances other than existing active substances.2 Paragraph (1) shall cease to apply on 14th May 2010.3 Notwithstanding paragraph (1) above but subject to regulation 3, regulations 29, 33, 39A and Schedule 11A shall apply to all biocidal products.”

6Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulations 4, 5, 6 & 7, for each reference to “new active substance” substitute a reference to “active substance”.

7Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 9—

(a)

(b)after paragraph (6), insert—“6A Where the applicant justifies the omission to the satisfaction of the Executive, the applicant may omit from a dossier submitted in accordance with paragraph (4)(a) information which—a is not necessary owing to the nature of—i the biocidal product, orii its proposed uses; orb it is not scientifically necessary or technically possible to supply”

8Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 10(7)(a)(ii), after “its proposed uses;” insert “or”.

9Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 13—

(a)

(b)for paragraph (2), substitute—“2 The Executive shall not register a biocidal product under paragraph (1) unless the Executive has made the determinations referred to in Schedule 3 and either—a in accordance with regulation 6(2), it has evaluated the new active substance contained in that biocidal product which is not included in Annex I or Annex IA; orb it is satisfied that an evaluation has been carried out by a competent authority of the new active substance contained in that biocidal product which is not included in Annex IA.”

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

10Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 14—

(a)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

11Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 15(6), in sub-paragraphs (a) and (b) after “regulation 9, 11, 13” insert “,15A”.

12Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

After regulation 15, insert—“15A 1 Where a person submits an application under this regulation to the Executive for the authorisation of an essential use biocidal product, the Executive may authorise the placing on the market of that product.2 In this regulation, an “essential use biocidal product” means a biocidal product containing an active substance listed in column 1 of the table in Schedule 5A for the use listed in column 2 of that table.3 The Executive shall grant an authorisation under paragraph (1) only if it is satisfied that the essential use biocidal product has no unacceptable effect on human or animal health or on the environment.4 An authorisation granted under paragraph (1) shall include the following conditions—a that the biocidal product is placed on the market only for the essential use set out in column 2 of the table in Schedule 5A;b all risk reduction measures that the Executive consider appropriate for that product are imposed;c that the label of the biocidal product shows that it is intended only for the essential use set out in column 2 of the table in Schedule 5A.5 An authorisation granted under paragraph (1) shall expire on the date specified in column 3 of the table in Schedule 5A.6 The Executive may extend an authorisation granted under paragraph (1) if the Commission makes a decision or adopts a regulation to that effect.”

13Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 16(9)(a), after “regulation 9, 11, 13” wherever it appears insert “, 15A”.

14Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 19—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)after paragraph (10), insert—“10A The Executive shall revoke an authorisation granted under regulation 15A where—a it considers that the biocidal product no longer satisfies the requirement referred to in regulation 15A(3);b it considers that any of the conditions set out in regulation 15A(4) and contained in the authorisation are not being complied with; orc a Commission decision requires the authorisation to be revoked.”

15Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 20—

(a)after paragraph (2) insert—“2A Where a modification of the conditions of use, proposed under paragraphs (1) or (2) above, would result in an extension of uses to which the biocidal product can be put, the Executive, in modifying the conditions of use, shall ensure that any requirements set out in Annex I or Annex IA relating to the active substance in the biocidal product remain satisfied.2B The Executive, in modifying the conditions of use subject to which an authorisation or a registration is granted under these Regulations, shall ensure that the requirements referred to in paragraphs 1(a)-(d) and 4(b) of Schedule 3 remain satisfied.”

(b)After paragraph (3), insert—“3A The Executive may review an authorisation of a biocidal product granted under regulation 15A at any time if there are indications that—a the biocidal product no longer satisfies the requirement referred to in regulation 15A(3); orb any of the conditions contained in the authorisation set out in regulation 15A(4) are not being complied with;”

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

16Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 32, for “regulations 9 to 15” substitute “regulations 9 to 15A”.

17Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 34—

(a)

(b)

18Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In regulation 36(1) in sub-paragraphs (d) to (g), for “regulations 9 to 15” wherever it appears substitute “regulations 9 to 15A”.

19Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

For regulation 37, substitute—“37 1 Every test carried out in support of an application under regulations 9 to 15A and 17 shall be conducted in accordance with such guidance as may be issued by the Executive.2 Before any tests referred to in paragraph (1) are carried out the applicant must carry out an evaluation into the adequacy of existing data and make a decision on the need to conduct tests, taking into account, among other things, the need to minimise testing on vertebrate animals.”

20Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In paragraph 13 of Schedule 4, for “the 1995 Regulations” substitute “the 2002 Regulations”.

21Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

After Schedule 5, add the Schedule set out in the Schedule to these Regulations.

22Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In paragraph 6 of Schedule 6—

(a)

(b)

23Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In paragraph 4 of Schedule 7, for “the 1995 Regulations” substitute “the 2002 Regulations”.

24Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In paragraph 3 of Schedule 11, after sub-paragraph (h) insert—“ha an application under regulation 15A for the authorisation of a biocidal product for an essential use;”

25Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In Schedule 11A—

(a)

(b)

26Amendment of the Biocidal Products Regulations (Northern Ireland) 2001#

In Schedule 12—

(a)after paragraph 2 insert—“2A In relation to those active substances to which the first sub-paragraph of Article 4.2 of the second review regulation refers, a decision referred to in paragraph 2(b) of this Schedule not to include those active substances in Annex I, IA or IB shall be deemed to have taken effect, and these Regulations shall apply to a biocidal product which contains any of those active substances.”

(b)for paragraph 4 substitute—“4 Where there is more than one unlisted active substance in a biocidal product, these Regulations shall not apply to that biocidal product until either—a a decision referred to in paragraph 2(a) to include the last of those unlisted active substances in Annex I, IA or IB takes effect, provided that such a decision has been made to include all other active substances in that biocidal product in either Annex I, IA or IB; orb a decision referred to in paragraph 2(b) not to include an unlisted active substance present in the biocidal product in Annex I, IA or IB takes effect.”

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)

(i)a parent with care cares for one child only, and

(ii)that child dies,

Schedule

Contains public sector information licensed under the Open Government Licence v3.0.