By way of derogation from Article 17(1), [F2the] current system or practice of making available on the market and using a biocidal product not covered by the scope of Directive 98/8/EC, but falling within the scope of this Regulation, and consisting of, containing or generating only active substances that were available on the market, or used in biocidal products, on 1 September 2013 [F3, shall continue to apply—]F4...
where applications for approval of all those active substances, which the biocidal product consists of, contains or generates, [F5were] submitted for the relevant product-type by 1 September 2016, the deadlines provided for in the second subparagraph [F6Article 89(7), in Article 89(8) to (10) and in Article 89(11); or]
where an application [F7was] not submitted in accordance with point (a) for one of the active substances, until 1 September 2017.]
Textual Amendments
F1Substituted by Regulation (EU) No 334/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products, with regard to certain conditions for access to the market (Text with EEA relevance).
F2Word in Art. 93 substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 134(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 93 inserted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 134(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 93 omitted (31.12.2020) by virtue of The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 134(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Art. 93(a) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 134(3)(a); 2020 c. 1, Sch. 5 para. 1(1)