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Directive 98/8/EC of the European Parliament and of the Council (repealed)Show full title

Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (repealed)

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Changes over time for: Article 7

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Version Superseded: 01/09/2013

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

Article 7U.K.Cancellation or modification of an authorisation

1.An authorisation shall be cancelled if:

(a)the active substance is no longer included in Annex I or IA as required by Article 5(l)(a);

(b)the conditions within the meaning of Article 5(1) for obtaining the authorisation are no longer satisfied;

(c)it is discovered that false or misleading particulars were supplied concerning the facts on the basis of which the authorisation was granted.

2.An authorisation may also be cancelled if the authorisation holder so requests and states the reasons for the cancellation.

3.When a Member State intends to cancel an authorisation, it shall inform and hear the authorisation holder. When cancelling the authorisation, the Member State may grant a period of grace for the disposal or for the storage, marketing and use of existing stocks, of a length in accordance with the reason for the cancellation without prejudice to any period provided for by decision taken pursuant to Directive 76/769/EEC or in connection with paragraph l(a).

4.Where a Member State considers it necessary, on the basis of developments in scientific and technical knowledge and to protect health and the environment, it shall modify the conditions of use of an authorisation and, in particular, the manner of use or the amounts used.

5.An authorisation may also be modified if the authorisation holder requests it and states the reasons for the modification.

6.Where a proposed modification concerns an extension of uses, a Member State shall extend the authorisation subject to the particular conditions placed on the active substance listed in Annex I or IA.

7.Where a proposed modification of an authorisation involves changes to the particular conditions placed on the active substance listed in Annex I or IA, such changes can be made only after evaluation of the active substance, with regard to the proposed changes, in accordance with the procedures laid down in Article 11.

8.Modifications shall be granted only if it is established that the conditions within the meaning of Article 5 remain satisfied.

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