{
  "url": "https://openlegislation.uk/draft-chemicals-health-and-safety-amendment-consequential-and-transitional-provision-regulations-2026/schedule/paragraph-4",
  "json_url": "https://openlegislation.uk/draft-chemicals-health-and-safety-amendment-consequential-and-transitional-provision-regulations-2026/schedule/paragraph-4.json",
  "legislation": "ukdsi/2026/9780348279672",
  "legislation_title": "The Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-chemicals-health-and-safety-amendment-consequential-and-transitional-provision-regulations-2026",
  "path": "schedule/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": null,
  "text": "(1) GB BPR is amended as follows.\n(2) In Article 14 (evaluation of applications for renewal), for paragraph 5 substitute—\n“5. Where, for reasons beyond the control of the applicant, the approval of the active substance is likely to expire before a decision has been taken on its renewal the Secretary of State shall issue a decision postponing the expiry date of approval for a period sufficient to enable the competent authority to examine the application.\nBy way of derogation from the preceding provisions of this paragraph and from Articles 4(1), 10(4) and 12(3), where—\n(a) the expiry date of the approval of any active substance falls on or after 23 June 2026 but no later than 30 July 2031; and\n(b) an application for renewal of that approval, made in accordance with Article 13, has been received,\nthe expiry date of that approval will automatically be 31 July 2031 without the need for a decision; but if before 31 July 2031 the Secretary of State issues a decision on that approval, the expiry date shall instead be that specified in that decision.”.\n(3) In Article 55 (derogation from requirements), for paragraph 1 substitute—\n“1. By way of derogation from Articles 17 and 19, the competent authority may permit, for a period not exceeding 180 days, the making available on the market or use of a biocidal product that does not fulfil the conditions for authorisation laid down in this Regulation, for a limited and controlled use under the supervision of the competent authority, if such a measure is necessary because of a danger to public health, animal health or the environment that cannot be contained by other means. On receipt of a reasoned request from the competent authority, the Secretary of State or a Devolved Authority shall issue a decision, with or without conditions, on whether the action taken may be extended—\n(a) in any case, for a period not exceeding 550 days; or\n(b) where the continued need for use of the biocidal product is not likely to be temporary, until the biocidal product is authorised,\nif they have competence to exercise the derogation within the meaning in paragraphs 4 to 7.\n1A. A decision under paragraph 1(b) extending the action taken until the biocidal product is authorised may specify deadlines by which applications to approve the active substances that the biocidal product contains, consists of or generates, or to authorise the biocidal product, must be submitted.\n1B. The competent authority may cancel the derogation at any time if—\n(a) no applications to approve the active substances that the biocidal product contains, consists of or generates, or to authorise the biocidal product, are received by any deadline specified under paragraph 1A for such an application;\n(b) any application received is rejected by the competent authority;\n(c) a non-approval decision is taken on any active substance that the biocidal product contains, consists of or generates;\n(d) a decision is taken not to authorise the biocidal product;\n(e) the criteria for exercising the derogation are no longer met;\n(f) there is any other reason which appears to the competent authority to make cancellation necessary or appropriate.\n1C. If a derogation is cancelled in accordance with paragraph 1B, the competent authority may grant a period of grace not exceeding—\n(a) 180 days for making the biocidal product available on the market; and\n(b) an additional 180 days for the use of existing stocks of the biocidal product.\n1D. Where a decision was issued by the Secretary of State or a Devolved Authority under paragraph 1 before 23 June 2026 extending the action taken for a period extending beyond that date, the Secretary of State or Devolved Authority may further extend the action taken in accordance with paragraph 1(b) and with paragraph 1A, provided that—\n(a) the original period of extension has not yet expired; and\n(b) the criteria for exercising the derogation and any conditions for its validity continue to be fulfilled.”.\n(4) In Article 60 (data protection periods), for paragraph 2 substitute—\n“2. The protection period for data submitted with a view to the approval of an existing active substance shall end 10 years from the first day of the month following the date of adoption of a decision in accordance with Article 9(1), Article 28(1) or Article 89(5), or where relevant with Article 9(1), Article 28(1), Article 89(1) or Article 90(2) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products as it had effect immediately before IP completion day, on the approval of the relevant active substance for the particular product-type.\nThe protection period for data submitted with a view to the approval of a new active substance shall end 15 years from the first day of the month following the date of adoption of a decision in accordance with Article 9(1) or Article 28(1), or where relevant with Article 9(1), Article 28(1) or Article 90(2) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products as it had effect immediately before IP completion day, on the approval of the relevant active substance for the particular product-type.\nThe protection period for new data submitted with a view to the renewal or review of the approval of an active substance shall end five years from the first day of the month following the date of the adoption of a decision in accordance with Article 14(4) or Article 15(3) concerning the renewal or the review.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "“Active substance” is defined in subparagraph c of paragraph 1 of Article 3 of GB BPR."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "“Making available on the market” is defined in subparagraph I of paragraph 1 of Article 23 of GB BPR."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "“Use” is defined in subparagraph k of paragraph 1 of Article 3 of GB BPR."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "“Biocidal product” is defined in subparagraph a of paragraph 1 of Article 3 of GB BPR."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "“Devolved Authority” is defined in paragraph aj of paragraph 1 of Article 3 of GB BPR."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L No. 167, 27.6.2012, pp. 1–123."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348279672/schedule/paragraph/4",
    "retrieved_at": "2026-10-30T14:37:50.002912+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}