Regulation 2 Amendment of the Biocidal Products Regulations (Northern Ireland) 2001F1I1

after the definition of “feedingstuff”, insert—

• ““the fifth review regulation” means Commission Regulation (EC) No. 1451/2007^f2;”;

in the definition of “new active substance”, substitute “fifth” for “second”;

for the definition of “placing on the market” substitute—

• ““placing on the market” means—

  1. (a)

     any supply, whether in return for payment or not, within Northern Ireland; or

  2. (b)

     importation of a biocidal product into Northern Ireland; or

  3. (c)

     any subsequent storage other than storage followed by—

     1. (i)

        consignment from the customs territory of the European Community; or

     2. (ii)

        disposal,

  and “on the market” shall be construed accordingly;; and”; and

omit the definition of “the second review regulation”.

in paragraph (3) for “that that” substitute “that the”; and

in paragraph (7)(b), for “in paragraph 8 of Schedule 4 to the PPP Regulations” substitute “in paragraph 12 of Schedule 4 to the PPP Regulations”.

in paragraph (1), for “which contains no active substances other than existing active substances” substitute “where all the active substances in that product are existing active substances.”;

for paragraph (2) substitute—

“(2)

Subject to paragraph (4), paragraph (1) shall cease to apply on 14th May 2014”; and

after paragraph (3) insert—

“(4)

Where a decision under Article 16(2) to include an existing active substance in Annex I or IA sets a date for compliance with Article 16(3) which is later than 14th May 2014, paragraph (1) shall continue to apply in relation to biocidal products that include that active substance until the date set in that decision.”.

omit paragraph (g) and (k); and

after paragraph (r), insert—

“(s)

the Medical Devices Regulations 2002^f3;

(t)

the Plant Protection Products Regulations (Northern Ireland) 2005^f4.”.

in paragraph 1, for the definition of “COPR biocidal product”, substitute—

• ““COPR biocidal product” means any substance, preparation or organism prepared or used for any of the purposes listed in regulation 3(1) of COPR 1987, which is not a plant protection product and “plant protection product” has the same meaning as in regulation 2(1) of the Plant Protection Products Regulations (Northern Ireland) 2005”; and;

after paragraph 1, insert—

“1A.

This Schedule applies only in relation to a biocidal product where all the active substances in that product are existing active substances.”;

in paragraph 2A, for “the first sub-paragraph of Article 4.2 of the second review regulation” substitute “Article 4.1 of the fifth review regulation”;

in paragraph 5, for “not later than 3 months after that decision takes effect” substitute “not later than the date that decision takes effect”; and

in paragraph 8, for “not later than 3 months” substitute “not later than 2 months”.