The Biocidal Products Regulations 2001

Emergency authorisation

15.—(1) Where a person submits an application to the Ministers for the authorisation of an unauthorised biocidal product under this regulation, the Ministers may authorise, for a period not exceeding 120 days, the placing on the market of an unauthorised biocidal product for a limited and controlled use if such authorisation appears necessary because of an unforeseen danger which cannot be contained by any other means.

(2) The Ministers shall immediately inform the Commission and the member States of an authorisation granted in accordance with paragraph (1) and the justification for it.

(3) An authorisation granted under paragraph (1) shall specify such conditions and restrictions relating to the placing on the market and the use of the biocidal product in question as the Ministers consider appropriate.

(4) If there is a Commission decision that—

(a) the period in respect of which an authorisation granted pursuant to paragraph (1) may be extended; or

(b) such an authorisation may be renewed,

the Ministers may extend that period or renew that authorisation.

(5) Where the Ministers extend the period of, or renew, an authorisation under paragraph (4), they shall at the same time specify any conditions referred to in the Commission decision subject to which the period may be extended or the authorisation may be renewed, as the case may be.

(6) In this regulation, “unauthorised biocidal product” means a biocidal product which—

(a) has not been authorised in accordance with regulation 9, 11, 13 or 17 or registered in accordance with regulation 10, 12 or 14; or

(b) has been authorised in accordance with regulation 9, 11, 13 or 17 or registered in accordance with regulation 10, 12 or 14, but which, by virtue of the conditions or restrictions to which the authorisation, or, as the case may be, the registration, is subject, cannot be used to deal with an unforeseen danger referred to in paragraph (1).