# The Detergents (Amendment) (EU Exit) Regulations 2019, Regulation 13

Extent: E+W+S+N.I.

(1) Article 10 is amended as follows.
(2) In paragraph 1, for “Member States' competent authorities”, substitute “ The competent authority ”.
(3) In paragraph 2, for the words from “the Member States'” to “necessary measures.”, substitute “the competent authority must make a decision as to whether or not the test concerned produced a false positive result. The competent authority must:
— make a decision within 90 days of it becoming aware of a concern that the relevant test may have produced a false positive result;
— take appropriate expert advice and take that advice into account when coming to a decision;
— after taking a decision, promptly communicate it to the manufacturer concerned together with an explanation of the appeal process set out below.”.
(4) After paragraph 2, insert—
“
3 If the competent authority decides that a test produced false positive results:
— those results must be disregarded for the purpose of ensuring compliance with the provisions of this Regulation;
— the manufacturer may, within 14 days of having that decision communicated to it by the competent authority, appeal to the court against the decision.
4 On appeal, the court may:
— allow the appeal and rule that the tests did not produce false positive results, or
— dismiss the appeal.
(Article 18A makes further provision concerning appeals).”.

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Source: https://www.legislation.gov.uk/uksi/2019/672/regulation/13 (the official version)
Page: https://openlegislation.uk/detergents-amendment-eu-exit-regulations-2019/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.