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

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AppealE+W+S

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14.—(1) Subject to [F1paragraph (4)], a person (“P”) may appeal to the appropriate person if P is aggrieved by a decision of the competent authority under any article of the Biocides Regulation listed in paragraph (2) [F2or the Review Regulation listed in paragraph (2A)].

(2) [F3In relation to the Biocides Regulation, the decisions] referred to in paragraph (1) are—

[F4(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);]

(a)to stipulate conditions in an authorisation under Article 22(1);

(b)to issue a prohibition or restriction under Article 23(3);

(c)not to grant an authorisation under Article 26(3);

(d)not to grant an authorisation under Article 30;

(e)not to renew an authorisation under Article 31;

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)to cancel or amend an authorisation under Article 48;

(i)not to cancel an authorisation under Article 49;

(j)not to amend an authorisation under Article 50;

F7(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(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);]

(m)not to issue or not to extend a provisional authorisation under Article 55(2);

(n)to prohibit, or impose conditions on, a test or experiment under Article 56(3);

[F10(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;]

(o)not to allow P to refer to data provided by a previous applicant under Article 64(1);

[F11(oa)to allow a subsequent applicant to refer to data previously provided by P under Article 64(1);]

(p)to refuse access to information under Article 66(2); or

(q)to refuse a request under Article 66(4) that information not be made available.

[F12(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).]

F13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) P may only appeal a decision under paragraph (1) where—

(a)in relation to paragraph 2(a) to [F14(e)], (j), [F15(la), (lc),] (m) and (o), the decision relates to an application by P, or by someone on behalf of P;

(b)in relation to paragraph 2(h) F16..., the decision relates to an authorisation or permit held by P;

(c)in relation to paragraph 2(n), the decision relates to a notification to the competent authority by P, or by someone on behalf of P; and

(d)in relation to paragraph 2(i)F17... and (q), the decision relates to a request made by P, or by someone on behalf of P;

[F18(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.]

(5) The provisions of Schedule 1 apply where P appeals to the appropriate person.

(6) Where an appeal is brought in respect of a decision under paragraph (2)(h), the decision in question shall be suspended pending the final determination of the appeal.

(7) Where an appeal is brought under paragraph (2)(q), pending final determination of the appeal, the competent authority shall not disclose the information except to the [F19Secretary of State or a Devolved Authority], or otherwise to the extent necessary to enable the appeal to be dealt with.

(8) In this Regulation, subject to paragraph (9),“the appropriate person” means—

(a)in the case of a decision by the competent authority in England, the Secretary of State;

(b)in the case of a decision by the competent authority in Scotland, the Secretary of State and the Scottish Ministers acting jointly; and

(c)in the case of a decision by the competent authority in Wales, the Secretary of State and the Welsh Ministers acting jointly.

(9) In relation to matters outside the competence of a devolved administration, the “appropriate person” means the Secretary of State.

Textual Amendments

F1Words in reg. 14(1) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 23(2)(a) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in reg. 14(1) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 23(2)(b) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in reg. 14(2) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 23(3)(a) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F4Reg. 14(2)(za) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 23(3)(b) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F5Reg. 14(2)(f) omitted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 23(3)(c) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)

F6Reg. 14(2)(g) omitted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 23(3)(c) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)