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The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

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[F123.(1) Regulation 14 is amended as follows.U.K.

(2) In paragraph (1)—

(a)for “paragraphs (3) and (4)” substitute “paragraph (4)”;

(b)at the end insert “or the Review Regulation listed in paragraph (2A)”.

(3) In paragraph (2)—

(a)at the start, for “The decisions” substitute “In relation to the Biocides Regulation, the decisions”;

(b)above paragraph (a) insert—

(za)to prohibit or amend the terms and conditions under which a biocidal product may be made available on the market under Article 17A(2);;

(c)omit sub-paragraphs (f), (g), (k) and (l);

(d)before sub-paragraph (m) insert—

(la)to reject an application due to non-payment of fees under Article 54(3);

(lb)to establish technical equivalence under Article 54(4);

(lc)to reject an application for failure to provide additional information under Article 54(5);;

(e)after paragraph (n) insert—

(na)to give a prospective applicant data under Article 63(3);

(nb)to refuse a request under Article 63(3) where every effort has not been made to reach an agreement;;

(f)after paragraph (o) insert—

(oa)to allow a subsequent applicant to refer to data previously provided by P under Article 64(1);.

(4) After paragraph (2) insert—

(2A) In relation to the Review Regulation, the decision referred to in paragraph 9(1) is a decision to reject a notification made under Articles 14(2) or 16(5)..

(5) Omit paragraph (3).

(6) In paragraph (4)—

(a)in sub-paragraph (a)—

(i)for “(g)” substitute “(e)”;

(ii)after “(j)” insert “(la), (lc),”;

(b)in sub-paragraph (b) omit “and 2(l)”;

(c)in sub-paragraph (d) omit “, (k)”;

(d)after sub-paragraph (d) insert—

(e)in relation to paragraph (2)(za), the decision relates to a notification by P, or someone on behalf of P”;

(f)in relation to paragraph (2A), the decision relates to a notification by P, or by someone on behalf of P..

(7) In paragraph (7), for “Commission or another competent authority” substitute “Secretary of State or a Devolved Authority”.]

Textual Amendments

Commencement Information

I1Sch. 1 para. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

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