Paragraph 214 I1

Article 2 is amended as follows.

For point (a), substitute—

“(a)

‘non-approval decision’ means a decision—

(i)

pursuant to Article 9(1)(b) of Regulation (EU) No 528/2012 not to approve a substance/product-type combination;

(ii)

made before F1IP completion day, pursuant to the third subparagraph of Article 89(1) of that Regulation as it had effect immediately before IP completion day, not to approve a substance/product-type combination;

(iii)

made after IP completion day, pursuant to Article 89(5) of that Regulation, not to approve a substance/product-type combination; or

(iv)

not to include it in Annex I or IA to Directive 98/8/EC.”

In point (b)(i)—

For point (d), substitute—

“(d)

“competent authority” means the authority appointed in accordance with regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013;”.

After point (d) insert—

“(e)

“the consent requirement” means the requirement for consent in accordance with Article 83B of Regulation (EU) No 528/2012;

(f)

“appropriate fee” means the fee payable for the activity concerned in regulations made under section 43 of the Health and Safety at Work etc. Act 1974 where the competent authority is appointed in accordance with regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013;

(g)

“Devolved Authority” means—

(i)

the Scottish Ministers, or

(ii)

the Welsh Ministers.”.