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The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013
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Essential useE+W+S
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13.—[F1(1) In this regulation, “essential use active substance” means an active substance in respect of which the Secretary of State or a Devolved Authority has granted a derogation for essential use under Article 22 of the Review Regulation.]
(2) A person must not place on the market a biocidal product containing an essential use active substance without an authorisation under this regulation.
(3) Where a person submits an application under this regulation to the competent authority for the authorisation of a biocidal product, the competent authority may authorise the placing on the market of that product.
(4) The competent authority may only grant an authorisation under this regulation if it concludes that, taking into account all available information, it is reasonable to assume that continued use of that biocidal product does not have any unacceptable effect on human or animal health or on the environment.
(5) An authorisation granted under this regulation must—
(a)require that the biocidal product is placed on the market only for the essential use allowed for by the derogation;
(b)impose any risk reduction measures that the competent authority considers appropriate for that product; and
(c)be granted for a period of time not exceeding that permitted by the derogation granted by the [F2Secretary of State or Devolved Authority].
(6) The competent authority may extend an authorisation if the [F3Secretary of State or Devolved Authority issues a decision] to extend the derogation.
(7) An authorisation granted under this regulation may impose labelling requirements.
Textual Amendments
F1Reg. 13(1) 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. 1 para. 22(a) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 1 para. 16); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 13(5)(c) 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. 1 para. 22(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 13(6) 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. 1 para. 22(c); 2020 c. 1, Sch. 5 para. 1(1)
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