Search Legislation

The Biocidal Products (Amendment) Regulations 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Biocidal Products (Amendment) Regulations 2003 (Schedules only)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Biocidal Products (Amendment) Regulations 2003. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Regulation 3

F1SCHEDULE 1U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 4

SCHEDULE 2U.K.

Regulation 39A

SCHEDULE 11AU.K.GENERAL INDUSTRY CHARGE

Interpretation

1.  In this Schedule—

“liability period” means the period between 1 April in any year and 31 March in the following year;

“review regulation” means any Commission regulation made pursuant to article 16(2).

Costs to be charged

2.  The Executive may, subject to and in accordance with the following paragraphs, make an annual charge in respect of any costs incurred by or on behalf of–

(a)the Ministers in Great Britain; and

(b)the Executive in Northern Ireland,

in relation to the carrying out of functions imposed under these Regulations or the Great Britain Regulations and in connection with the carrying out of obligations imposed on the United Kingdom by the Directive or by any review regulation.

3.  The Executive shall not charge for any costs under paragraph 2 in respect of which a fee is payable pursuant to regulation 39 and Schedule 11.

Liability to pay the charge

4.  In respect of a given liability period a charge shall be payable to the Executive by-

(a)a person who–

(i)has been granted an authorisation or registration for a biocidal product in accordance with the provisions of regulations 9 to 14 and such authorisation or registration has not expired or been revoked in accordance with the provisions of regulation 19, or

(ii)is responsible for first having placed on the market a biocidal product for which no authorisation or registration has been granted in accordance with the provisions of regulations 9 to 14 and that biocidal product is placed on the market during that liability period;

(b)a person who is named in a dossier submitted under article 11 of the Directive as the applicant in accordance with the data requirements of Annexes IIA and IVA, where–

(i)that person or the manufacturer of the active substance named in accordance with the data requirements of Annexes IIA and IVA has placed on the market during that liability period the active substance in question, or

(ii)the active substance is contained in a biocidal product which is currently authorised or registered during that liability period pursuant to regulations 9 to 14, and

a decision has been made, in accordance with the procedures in articles 27 and 28, that the active substance named in that dossier is included on Annex 1, 1A or 1B;

(c)a manufacturer who has notified an existing active substance to the Commission under article 4.1 of the first review regulation or under articles 4.1 and 8.1 of that regulation, or on whose behalf a notification has been made by a sole representative designated under article 2 of that regulation, where–

(i)the notification has been accepted by the Commission under article 4.2 of the first review regulation,

(ii)the notification has not been withdrawn, and

(iii)a decision has not been made, in accordance with the procedures in articles 27 and 28, to accept or refuse the inclusion of that active substance on Annex 1, 1A or 1B,

and where that manufacturer has placed on the market the active substance in question during that liability period; and

(d)a person who has made an application to the Executive under regulation 5 in respect of a new active substance, where–

(i)there is a provisional authorisation or registration pursuant to regulations 13 or 14, for placing on the market a biocidal product and use which contains that new active substance; and

(ii)a decision has not been made to accept or refuse the inclusion of that active substance on Annex 1, 1A or 1B.

5.  The Executive may exclude a person or manufacturer from the requirement to pay a charge where they decide it would not be fair to impose that charge.

6.  Where a person becomes liable to pay a charge, in accordance with paragraphs 4 and 5, at any time during the liability period, then he will be liable to pay a charge for the whole of that liability period.

Calculation of charge

7.  Upon the expiry of the liability period, the Executive shall calculate the number of persons liable to pay the charge under paragraphs 4 and 5 in accordance with the following paragraphs.

8.  Where a person falling within paragraph 4 (b), (c) or (d) has notified an existing active substance or made an application in respect of a new active substance jointly with one or more other persons then all those persons making that notification or application (“joint applicants”) shall be treated as one person for the purpose of calculating the charge.

9.  The joint applicants shall nominate one of their number to pay the charge and shall notify the Executive in writing of the name and address of the person nominated or, if a different person is at any time nominated, of the name and address of that person.

10.  Where the joint applicants fail to nominate a person to pay the charge then the Executive may require payment from any one of them.

11.  Where a person is liable to pay a charge under this Schedule–

(a)in respect of more than one biocidal product;

(b)in respect of more than one active substance;

(c)under more than one sub-paragraph of paragraph 4,

then for the purposes of calculating the charge and collecting payments he shall be treated as though he were one person except where he has been nominated by joint applicants to pay the charge on their behalf where he shall be treated as a separate person in respect of that payment.

12.  The Executive shall calculate the charge by dividing the costs incurred in accordance with paragraphs 2 and 3 during the liability period by the number of persons by whom the charge is payable under these Regulations and the Great Britain Regulations.

13.  A person who is otherwise liable to pay a charge, in accordance with paragraph 4, at the time of these Regulations coming into force but ceases to be liable within 3 months of that date shall be treated as if they were never liable to pay.

14.  No payment shall be required from a person liable to pay a charge in accordance with this Schedule where that person has made payment in respect of the same liability under the Great Britain Regulations.

Notification of liability to pay

15.  Subject to paragraph 17, a person who is liable to pay a charge in accordance with this Schedule shall notify in writing to the Executive, or to a person designated by them–

(a)the name of the person liable to pay the charge and the address to which communications should be sent;

(b)the name of the person to whom requests for payment of the charge should be sent; and

(c)the capacity in which they are liable to pay the charge under paragraph 4,

and shall indicate clearly that the notification is for the purposes of this paragraph.

16.  Where a person has been nominated by joint applicants to pay a charge on their behalf he shall be treated as a separate person in respect of a notification under paragraph 15.

17.  A person shall not be required to make a notification under paragraph 15 if–

(a)he has made an application for the authorisation or registration of a biocidal product under regulations 9 to 14 and that authorisation or registration has been granted; or

(b)a decision has been made, in accordance with the procedures in articles 27 and 28, to include the active substance in question on Annex 1, 1A or 1B.

18.  The notification in paragraph 15 shall be made–

(a)before the biocidal product or the active substance in question is placed on the market; or

(b)if the product or the active substance in question has already been placed on the market before 1st April 2003, within three months of that date.

19.  The Executive shall keep the information supplied pursuant to paragraph 15 on a register and if there is a change to any of the details required to be notified under paragraph 15, the person liable to pay the charge shall inform the Executive, or the body designated by them under paragraph 15, forthwith in writing of the relevant changes..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources