The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013

Regulation 15

SCHEDULE 1 N.I. Transitional, transitory and savings provisions

1.  In this Schedule— N.I.

“COPR” means the Control of Pesticides Regulations (Northern Ireland) 1987 M1

“COPR biocidal product” means any substance, preparation or organism prepared or used for any of the purposes listed in regulation 3(1) of COPR, which is not a plant protection product;

“Plant protection product” has the same meaning in Article 2(1) of Regulation (EC) No 1107/2009 M2 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 94/414/EEC;

“Unlisted active substance” means an existing active substance which has not been subject to a decision to approve or not approve it in accordance with Article 9 of the Biocides Regulation.

Marginal Citations

M1 S.R. 1987 No.414

M2 OJ No. L309, 24.11.2009, p.1.

2.—(1) Following a decision that an unlisted active substance shall be approved in accordance with Article 9(1)(a) of the Biocides Regulation, COPR shall cease to apply to a COPR biocidal product containing that active substance on the dates determined in accordance with paragraphs 4 to 6. N.I.

(2) Where there is more than one unlisted active substance in a COPR biocidal product, the decision in sub-paragraph (1) shall be taken to mean the decision in relation to the last of the unlisted active substances in the COPR biocidal product.

3.  Following a decision that an unlisted active substance shall not be approved in accordance with Article 9(1)(b) of the Biocides Regulation, COPR shall cease to apply to a COPR biocidal product containing that active substance from the date or dates upon which the biocidal product may no longer be placed on the market or used pursuant to that decision. N.I.

4.—(1) Where— N.I.

(a) there is a decision referred to in paragraph 2; and

(b) no application is submitted in accordance with the Biocides Regulation for authorisation or mutual recognition in parallel in respect of the COPR biocidal product on or before the date of approval of the active substance,

COPR shall cease to apply to the COPR biocidal product in accordance with sub-paragraph (2).

(2) For the purposes of sub-paragraph (1), COPR shall cease to apply to the COPR biocidal product at the expiry of—

(a) 180 days from the date of approval, in relation to the placing on the market of the biocidal product; and

(b) 365 days from the date of approval, in relation to the disposal and use of existing stocks of the biocidal product.

5.—(1) Where— N.I.

(a) there is a decision referred to in paragraph 2; and

(b) an application is submitted in accordance with the Biocidal Regulation for authorisation or mutual recognition in parallel of the COPR biocidal product on or before the date of approval of the active substance,

COPR shall cease to apply to the COPR biocidal product in accordance with sub-paragraphs (2) to (4).

(2) Where a decision is taken to authorise the COPR biocidal product, COPR shall cease to apply to the biocidal product from the date of that decision.

(3) Where the application referred to in sub-paragraph (1)(b) is rejected, COPR shall cease to apply to the COPR biocidal product at the expiry of—

(a) 180 days from the date of the decision to reject the application, in relation to the placing on the market of the biocidal product; and

(b) 365 days from the date of the decision to reject the application, in relation to the disposal and use of existing stocks of the biocidal product.

(4) Where a decision is taken not to authorise the COPR biocidal product, COPR shall cease to apply to the COPR biocidal product at the expiry of—

(a) 180 days from the date of that decision in relation to the placing on the market of the biocidal product; and

(b) 365 days from the date of that decision in relation to the disposal and use of existing stocks of the biocidal product.

6.—(1) Following an application for authorisation under the Biocides Regulation on or before 1st September 2017 in respect of a COPR biocidal product which falls within Article 93(1) of the Biocides Regulation, COPR ceases to apply to that biocidal product in accordance with sub-paragraphs (2) to (5). N.I.

(2) Where a decision is taken to authorise the COPR biocidal product, COPR shall cease to apply to the biocidal product from the date of that decision.

(3) Where the application referred to in sub-paragraph (1) is rejected, COPR shall cease to apply to the COPR biocidal product from the date of rejection.

(4) Where a decision is taken not to authorise the COPR biocidal product, COPR shall cease to apply to the biocidal product at the expiry of—

(a) 180 days from the date of that decision in relation to the placing on the market of the biocidal product; and

(b) 365 days from the date of the decision or 1st September 2018 (whichever is the later) in relation to the disposal and use of existing stocks of the biocidal product.

(5) Where no application for authorisation of the COPR biocidal product has been made by 1st September 2017, COPR shall cease to apply to the biocidal product after—

(i) 28th February 2018 in relation to the making available of the biocidal product on the market; and

(ii) 1st September 2018 in relation to the disposal and use of existing stocks of the biocidal product.

7.  Despite the revocation of the Biocidal Products Regulations (Northern Ireland) 2001 by virtue of regulation 22(a) of these Regulations, paragraph 13 of Schedule 12 to the Biocidal Products Regulations (Northern Ireland) 2001 is preserved so that COPR shall continue not to apply to COPR biocidal products where, by virtue of that paragraph, it previously ceased to apply. N.I.

8.—(1) Where a certificate of exemption— N.I.

(a) was issued under paragraphs 6 to 12 of Schedule 12 to the Biocidal Products Regulations (Northern Ireland) 2001; and

(b) has not expired or been revoked prior to 1st September 2013,

that certificate is hereby revoked.

(2) Where a certificate is revoked pursuant to sub-paragraph (1), the competent authority may issue a new certificate of exemption which exempts any person or class of person or any biocidal product or class of biocidal product from Article 17(1) of the Biocides Regulation.

9.  A certificate of exemption granted pursuant to paragraph 8(2)— N.I.

(a) must be in writing;

(b) must be granted for a period of time not exceeding the time period allowed for the continuation of the current system or practice, including any phase out period, allowed for under Article 89 of the Biocides Regulation;

(c) may be granted subject to conditions; and

(d) may be revoked by certificate in writing at any time.

10.—(1) Despite the revocation of the Biocidal Products Regulations (Northern Ireland) 2001, the Biocidal Products (Amendment) Regulations (Northern Ireland) 2007 and the Biocidal Products (Amendment) Regulations (Northern Ireland) 2010 by virtue of regulation 22(a), (c) and (d) of these Regulations, the regulations listed in sub-paragraph (2) shall continue to apply for the purposes of evaluating applications for biocidal product authorisations pursuant to regulation 14(1) of these Regulations. N.I.

(2) The regulations referred to in sub-paragraph (1) are—

(a) Regulations 2, 3, 9, 10, 11, 12, 13, 14, 15, 17, 18, 25, 32, 34, 35 and 37 of, and Schedules 3, 4 and 5 to, the Biocidal Products Regulations (Northern Ireland) 2001;

(b) Regulations 2, 3, 4, 7, 8, 9, 10 and 19 of the Biocidal Products (Amendment) Regulations (Northern Ireland) 2007; and

(c) Regulations 2(2) and 2(3) of the Biocidal Products (Amendment) Regulations (Northern Ireland) 2010.

Regulation 18(2)

SCHEDULE 2 N.I. Defence Exemption Certificates

1.  The Secretary of State may decide that it is necessary in the interests of defence for a person to be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation. N.I.

2.  The Secretary of State may decide to apply the exemption— N.I.

(a) to a person, including the Secretary of State, or a category of persons;

(b) to one or more requirement or prohibition at the same time;

(c) prospectively;

(d) for a limited or unlimited period;

(e) generally or to a particular case;

(f) subject to such limitations and conditions as the Secretary of State sees fit.

3.  A decision by the Secretary of State to apply the exemption must be evidenced in writing by a certificate. N.I.

4.  A certificate— N.I.

(a) must contain sufficient particulars of the persons to whom, and the matters to which, it relates; and

(b) may be varied or revoked in writing.

5.  The Secretary of State may provide to a person who has the benefit of a certificate— N.I.

(a) the certificate;

(b) a copy of it; or

(c) a copy of a relevant extract of the certificate.

6.  A person who claims the benefit of a certificate must produce to the person listed in paragraph 7, when reasonably requested to do so— N.I.

(a) the certificate;

(b) a copy of it made by the Secretary of State; or

(c) a copy made by the Secretary of State of a relevant extract of the certificate.

7.  The persons referred to in paragraph 6 are— N.I.

(a) an enforcing authority;

(b) a competent authority;

(c) the equivalent of an enforcing authority of another Member State;

(d) the European Chemicals Agency.

8.  Unless the contrary is proved— N.I.

(a) a certificate;

(b) a copy of it made by the Secretary of State; or

(c) a copy made by the Secretary of State of a relevant extract of the certificate,

is conclusive evidence of the matters to which it relates.

9.  A person who fails to comply with paragraph 6 shall not be exempt from compliance with a requirement or prohibition in the Biocides Regulation or the CLP Regulation in the interests of defence. N.I.

Regulation 23

SCHEDULE 3 N.I. Amendments to the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009

PART 1 N.I. References to Regulation (EU) No 649/2012

1.  In paragraph (ii) of the Preamble, for “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, of which Annexes I and V are as amended from time to time”, substitute “ Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals, of which Annexes I, II, V and VI are as amended from time to time ”. N.I.

2.  In regulation 3(3)(c), for “Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals, of which Annexes I and V are as amended from time to time”, substitute “ Regulation (EU) No. 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals, of which Annexes I, II, V and VI are as amended from time to time ”. N.I.

PART 2 N.I. Advertisements for dangerous preparations and penalties

3.  After regulation 5 insert— N.I.

“Advertisements for dangerous preparations

5A.— (1) Subject to paragraph (2), a person who supplies a dangerous preparation shall not advertise that preparation, or arrange for the production of any such advertisement, unless mention is made in the advertisement of the type of hazard indicated on the label.

(2) Paragraph (1) shall apply only in respect of a dangerous preparation where the advertisement enables a person, otherwise than in the course of a business, to conclude a contract to purchase the dangerous preparation before that person has seen the label relating to the dangerous preparation.

(3) In this regulation, “supply” has the same meaning as it has in section 46 of the Consumer Protection Act 1987.”.

4.  After regulation 14(1) insert— N.I.

“(1A) The maximum penalty for an offence under this regulation is—

(a) on summary conviction, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and

(b) on conviction on indictment, imprisonment for a term not exceeding two years, or a fine or both.”.

Regulation 25

SCHEDULE 4 N.I. Consequential Amendments

PART 1 N.I. ENACTMENTS

Wildlife (Northern Ireland) Order 1985 N.I.

1.  In Article 15B of the Wildlife (Northern Ireland) Order 1985 M3 , in subsection (3), for paragraph (c) substitute—

“(c) Regulation (EU) No 528/2012 of the European Parliament and of the Council M4 ; or”.

Marginal Citations

M3 1985 No. 171 (N.I. 2); Article 15B inserted by Wildlife and Natural Environment Act (NI) 2011, 2011 c.15

M4 OJ No L167, 27.06.12, p.1.

PART 2 N.I. SUBORDINATE LEGISLATION

Control of Pesticides Regulations (Northern Ireland) 1987 N.I.

2.  In the Control of Pesticides Regulations (Northern Ireland) 1987 M5 , omit regulation 3(2)(j).

Marginal Citations

M5 SR 1987 No. 414, as amended by SR 2001 No. 422

African Swine Fever Order (Northern Ireland) 2003 N.I.

3.  In Article 12(2) of the African Swine Fever Order (Northern Ireland) 2003 M6 , for “the Biocidal Products Regulations (Northern Ireland) 2001” substitute “ 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 ”.

Marginal Citations

M6 2003 No. 494

Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008 N.I.

4.—(1) The Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 2008 M7 is amended as follows.

(2) In Article 4(2)(b), for “the Biocidal Products Regulations 2001” substitute “ 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 ”.

(3) In Article 7(1)(c), for “the Biocidal Products Regulations 2001” substitute “ 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 ”.

Marginal Citations

M7 2008 No. 272

Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 N.I.

5.—(1) The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009 M8 are amended as follows.

(2) In Schedule 2, for paragraph 6(d) substitute—

“(d) biocidal products as defined in Article 3(1)(a) 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”.

(3) In Schedule 3, paragraph 8, for “the Biocidal Products Regulations (Northern Ireland) 2001”, substitute “ 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 ”.

Marginal Citations

M8 SR 2009 No. 252

Regulation 3

SCHEDULE 5 N.I. Premises and Activities Within The Territorial Sea

1.—(1) In this Schedule— N.I.

“activity” includes a diving project and standing a vessel by;

“designated area” means any area designated by Order under section 1(7) of the Continental Shelf Act 1964 M9 and “within a designated area” includes over and under it;

“diving project” has the meaning assigned to it by regulation 2(1) of the Diving at Work Regulations (Northern Ireland) 2005 M10 save that it includes an activity in which a person takes part as a diver wearing an atmospheric pressure suit and without breathing in air or other gas at a pressure greater than atmospheric pressure;

“gas importation and storage zone” has the meaning assigned to it by section 1(5) of the Energy Act 2008 M11 ;

“offshore installation” shall be construed in accordance with paragraph 2(2) and (3);

“supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation;

“vessel” includes a hovercraft and any floating structure which is capable of being navigated.

(2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.

(3) Any reference in this Schedule to premises and activities includes a reference to any person, article or substance on those premises or engaged in, or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.

Marginal Citations

M9 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), section 37 and Schedule 3, paragraph 1

M10 S.R. 2005 No. 45, as amended by S.R. 2007 No. 247

M11 2008 c.32; section 1(5) is prospectively amended by the Marine and Coastal Access Act 2009 (c.23), Schedule 4 Part 1, paragraph 5(1) and (2). Section 1(5) of the Energy Act 2008 would continue to define the term “gas importation and storage zone” after the amendment

Offshore installations N.I.

2.—(1) This paragraph shall apply to a designated area or a gas importation and storage zone to and in relation to—

(a) any offshore installation and any activity on it;

(b) any activity in connection with, or any activity immediately preparatory to an activity in connection with, an offshore installation, whether carried on from the installation itself, in or from a vessel or in any manner, other than an activity falling within sub-paragraph (4);

(c) a diving project involving—

(i) the survey and preparation of the sea bed for an offshore installation;

(ii) the survey and restoration of the sea bed consequent on the removal of an offshore installation.

(2) Subject to sub-paragraph (3), in this paragraph, “offshore installation” means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—

(a) for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;

(b) for undertaking activities falling within paragraph 6(2);

(c) for the conveyance of things by means of a pipe;

(d) for undertaking activities that involve mechanically entering the pressure containment boundary of a well; or

(e) primarily for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of heads (a) to (d),

together with any supplementary unit which is ordinarily connected to it, and all the connections.

(3) Any reference in sub-paragraph (2) to a structure or supplementary unit does not include—

(a) a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;

(b) a well;

(c) a mobile structure which has been taken out of use and is not yet being moved with a view to its being used for any of the purposes specified in sub-paragraph (2);

(d) any part of a pipeline; and

(e) a structure falling within paragraph 8(c).

(4) Subject to sub-paragraph (5), the following activities fall within this paragraph—

(a) transporting, towing or navigating an installation;

(b) any of the following activities carried on in or from a vessel—

(i) giving assistance in the event of an emergency;

(ii) training in relation to the giving of assistance in the event of an emergency;

(iii) testing equipment for use in giving assistance in the event of an emergency.

(iv) putting or maintaining a vessel on stand-by ready for an activity referred to in any of sub-heads (i) to (iii).

(5) Sub-paragraph (4)(b) does not apply in respect of a vessel in or from which an activity is carried on in connection with, or any activity that is immediately preparatory to an activity in connection with, an offshore installation other than an activity falling within sub-paragraph 4(b).

Wells N.I.

3.—(1) Subject to sub-paragraph (2), this paragraph applies to and in relation to—

(a) a well and any activity in connection with it; and

(b) an activity which is immediately preparatory to any activity in head (a).

(2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.

Pipelines N.I.

4.—(1) This paragraph applies to and in relation to—

(a) any pipeline;

(b) any pipeline works;

(c) the following activities in connection with pipeline works—

(i) the loading, unloading, fuelling or provisioning of a vessel;

(ii) the loading, unloading, fuelling, repair and maintenance of an aircraft on a vessel,

being in either case a vessel which is engaged in pipeline works; or

(iii) the moving, supporting, laying or retrieving of anchors attached to a pipe-laying vessel including the supervision of those activities and giving of instruction in connection with them.

(2) In this paragraph—

“pipeline” means a pipe or system of pipes for the conveyance of any thing, together with—

(a)

any apparatus for inducing or facilitating the flow of any thing through, or through part of, the pipe or system;

(b)

any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;

(c)

valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;

(d)

apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in heads (a) to (c);

(e)

apparatus for the transmission of information for the operation of the pipe or system;

(f)

apparatus for the cathodic protection of the pipe or system; and

(g)

a structure used or to be used solely for the support of a part of the pipe or system;

but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;

“pipeline works” means—

(a)

assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it;

(b)

inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline;

(c)

changing the position of or dismantling or removing a pipeline or length of pipeline;

(d)

opening the bed of the sea for the purposes of the works mentioned in heads (a) to (c), and tunnelling or boring for those purposes;

(e)

any activities incidental to the activities described in heads (a) to (d);

(f)

a diving project in connection with any of the works mentioned in heads (a) to (e) or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.

Mines N.I.

5.—(1) This paragraph applies to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.

(2) In this paragraph “mine” has the same meaning as in the Mines Act (Northern Ireland) 1969 M12 .

Marginal Citations

M12 1969 c. 6 (N.I.)

Gas Importation and Storage N.I.

6.—(1) Subject to sub-paragraph (3), this paragraph applies within a gas importation and storage zone to and in relation to any activities connected with or immediately preparatory to the activities set out in sub-paragraph (2).

(2) The activities are—

(a) the unloading of gas to an installation or pipeline;

(b) the storage of gas, whether temporary or permanent, in or under the shore or bed of any water;

(c) the conversion of any natural feature for the purpose of storing gas, whether temporarily or permanently;

(d) the recovery of gas stored;

(e) exploration with a view to, or in connection with, the carrying on of activities within heads (a) to (d).

(3) Sub-paragraph (1) does not apply to an activity falling within sub-paragraph (2) if the provisions of this Schedule apply to or in relation to that activity by virtue of paragraph 2(1).

(4) In this paragraph—

“gas” means any substance which is gaseous at a temperature of 15�C and a pressure of 101.325 kPa (1013.25 mb); and

“installation” includes any floating structure or device maintained on a station by whatever means.

(5) For the purposes of sub-paragraphs (2) and (4), references to gas include any substance which consists wholly or mainly of gas.

Production of Energy from Water or Wind N.I.

7.—(1) This paragraph applies within a renewable energy zone to and in relation to any energy structure or activities connected with or preparatory to—

(a) the exploitation of those areas for the production of energy from water or wind,

(b) the exploration of such areas with a view to, or in connection with, the production of energy from water or wind, or

(c) the operation of a cable for transmitting electricity from an energy structure.

(2) In this paragraph—

“energy structure” means a fixed or floating structure or machine, other than a vessel, which is, or is to be, or has been, used for producing energy from water or wind; and

“renewable energy zone” has the meaning given by section 84(4) of the Energy Act 2004 M13 and “within a renewable energy zone” includes over and under it.

Marginal Citations

M13 2004 c.20; section 84(4) is prospectively amended by the Marine and Coastal Access Act 2009 (c. 23), Schedule 4, Part 1, paragraph 4. Section 84(4) of the Energy Act 2004 would continue to define the term “renewable energy zone” after the amendment.

Underground Coal Gasification N.I.

8.   This paragraph applies within a designated area to and in relation to—

(a) underground coal gasification and any activity in connection with it;

(b) any activity which is immediately preparatory to any activity in sub-paragraph (a); and

(c) any fixed or floating structure which is, or is to be, or has been, used in connection with the carrying on of activities within sub-paragraphs (a) and (b).

Other activities N.I.

9.—(1) Subject to sub-paragraph (2), this paragraph applies to and in relation to—

(a) the construction, reconstruction, alteration, repair, maintenance, cleaning, use, operation, demolition and dismantling of any building, or other structure, not being in any case a vessel, or any preparation for any such activity;

(b) the transfer of people or goods between a vessel or aircraft and a structure (including a building) mentioned in head (a);

(c) the loading, unloading, fuelling or provisioning of a vessel;

(d) a diving project;

(e) the laying, installation, inspection, maintenance, operation, recovery or repair of a cable;

(f) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel;

(g) the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(3)(c) applies;

(h) the transfer of people or goods between a vessel or aircraft and a structure mentioned in head (g).

(2) This paragraph does not apply—

(a) to a case where paragraph 2, 3, 4, 5, 6, 7 or 8 applies; or

(b) to vessels which are registered outside the United Kingdom and are on passage through the territorial sea.