2010 No. 745
The Biocidal Products (Amendment) Regulations 2010
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 (“the 1972 Act”) in relation to biocides.
The Secretary of State makes these Regulations—
- a
in exercise of the powers conferred on him by section 2(2) of the 1972 Act; and sections 15(1), (2), and (8), and 82(3)(a) of, and paragraphs 1(1)(b) and (c) and (4), 4 (1), 13(1) and 15(1) of Schedule 3 to the Health and Safety at Work etc. Act 19743, (“the 1974 Act”), and
- b
for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Executive under section 11(3) of the 1974 Act.
Before submitting proposals for these Regulations to the Secretary of State, the Health and Safety Executive has consulted the bodies that appeared to it to be appropriate, as required by section 50(3) of the 1974 Act.
Citation and Commencement1
These Regulations may be cited as the Biocidal Products (Amendment) Regulations 2010 and come into force on 6th April 2010.
Amendment of the Biocidal Products Regulations 2001
2
The Biocidal Products Regulations 20014 are amended as follows.
3
1
In regulation 2(1)—
a
after the definition of “feedingstuff”, insert—
“the fifth review regulation” means Commission Regulation (EC) No 1451/2007;
b
in the definition of “new active substance”, substitute “fifth” for “second”;
c
for the definition of “placing on the market” substitute—
“placing on the market” means—
- a
any supply, whether in return for payment or not, within Great Britain; or
- b
importation of a biocidal product into Great Britain; or
- c
any subsequent storage other than storage followed by—
- i
consignment from the customs territory of the European Community or
- ii
disposal,
and “place on the market”, “placed on the market” and “on the market” shall be construed accordingly; and
d
omit the definition of “the second review regulation”.
2
In regulation 2(2)(a), omit “and the Minister of Agriculture, Fisheries and Food, acting jointly”.
4
In regulation 3—
a
for paragraph (3) substitute—
3
These Regulations shall not apply to a biocidal product which is a relevant plant protection product where and to the extent that the biocidal product is placed on the market or used for a purpose over which—
a
but for the provisions of Schedule 4 to the 2005 Regulations, control under the 2005 Regulations would otherwise be exercisable; or
b
but for the provisions of Schedule 4 to the 2005 (Scotland) Regulations, control under the 2005 (Scotland) Regulations would otherwise be exercisable.
b
in paragraph (8)(a), omit the word “and”;
c
after paragraph (8)(a), insert—
aa
“the 2005 (Scotland) Regulations” means the Plant Protection Products (Scotland) Regulations 20055; and
d
in paragraph (8)(b), for “in paragraph 8 of Schedule 4 to the 2005 Regulations” substitute “in paragraph 12 of Schedule 4 to the 2005 Regulations”.
5
In regulation 3A—
a
in paragraph (1), for “which contains no active substances other than existing active substances” substitute “where all the active substances in that product are existing active substances.”;
b
For paragraph (2) substitute—
2
subject to paragraph (4), paragraph (1) shall cease to apply on 14th May 2014
c
after paragraph (3) insert—
4
Where a decision under Article 16(2) to include an existing active substance in Annex I or IA sets a date for compliance with Article 16(3) which is later than 14th May 2014, paragraph 1 shall continue to apply in relation to biocidal products that include that active substance until the date set in that decision.
6
In regulation 23, for each reference to “2010”, wherever it appears, substitute “2014”.
7
In regulation 24, for each reference to “2010”, wherever it appears, substitute “2014”.
8
In Schedule 2—
a
Omit paragraph (g) and (j); and
b
after paragraph (u), insert—
v
the Medical Devices Regulations 20026;
w
the Plant Protection Products Regulations 2005; and
x
the Plant Protection Products (Scotland) Regulations 2005.
9
In Schedule 13—
a
in paragraph 1, for the definition of “COPR biocidal product”, substitute—
“COPR biocidal product” means any substance, preparation or organism prepared or used for any of the purposes listed in regulation 3(1) of COPR 1986, which is not a plant protection product;
“Plant protection product” has the same meaning as in Regulation 2(1) of the Plant Protection Products Regulations 2005
b
after paragraph 1, insert—
1A
This Schedule applies only in relation to a biocidal product where all the active substances in that product are existing active substances.
c
in paragraph 2A, for “the first sub-paragraph of Article 4.2 of the second review regulation” substitute “Article 4.1 of the fifth review regulation”;
d
in paragraph 5, for “not later than 3 months after that decision takes effect” substitute “not later than the date that decision takes effect”; and
e
in paragraph 8, for “not later than 3 months” substitute “not later than 2 months”.
Signed by authority of the Secretary of State for Communities and Local Government
(This note is not part of the Regulations)