in force 2014-04-25 MODIFIED+640 −1,104§
Amended by Regulation (EU) No 334/2014 32014R0334
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2016-09-01
The provision no longer requires applications for authorisation of these biocidal products to be submitted by 1 September 2017, and instead permits a Member State to continue applying its existing system or practice of making the product available on the market and using it, where the product consists of, contains or generates only active substances that were available or used on 1 September 2013.
The end point for this permission is now tied to whether applications for approval of all the relevant active substances are submitted by 1 September 2016, in which case the deadlines in Article 89 apply, or, if such an application is not submitted for one of the substances, to 1 September 2017, replacing the former structure that turned on submission of a product authorisation application, the outcome of that application, and separate rules for existing stocks.
Cited: Art. 93, v1 · Art. 93, v2
text before / after
texts differ too much for an inline diff; shown separately
before (02012R0528-20130923)
Article 93 Transitional measures concerning biocidal products not covered by the scope of Directive 98/8/EC 1. Without prejudice to Article 89, applications for authorisation of biocidal products not covered by the scope of Directive 98/8/EC and falling within the scope of this Regulation and which were available on the market on 1 September 2013 shall be submitted at the latest by 1 September 2017. 2. By way of derogation from Article 17(1), biocidal products referred to in paragraph 1 of this Article for which an application was submitted in accordance with paragraph 1 of this Article may continue to be made available on the market or used until the date of the decision granting the authorisation. In the case of a decision refusing to grant the authorisation, the biocidal product shall no longer be made available on the market 180 days after such a decision. By way of derogation from Article 17(1), biocidal products referred to in paragraph 1 of this Article for which an application was not submitted in accordance with paragraph 1 of this Article may continue to be made available on the market or used until 180 days after 1 September 2017. Disposal and use of existing stocks of biocidal products which are not authorised for the relevant use by the competent authority or the Commission may continue until 365 days after the date of the decision referred to in the first subparagraph or 12 months after the date referred to in the second subparagraph, whichever is the later.
after (02012R0528-20140425)
Article 93 Transitional measures concerning biocidal products not covered by the scope of Directive 98/8/EC By way of derogation from Article 17(1), a Member State may continue to apply its 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. The derogation shall apply until one of the following dates: (a) where applications for approval of all those active substances, which the biocidal product consists of, contains or generates, are submitted for the relevant product-type by 1 September 2016, the deadlines provided for in the second subparagraph of Article 89(2), in Article 89(3) and in Article 89(4); or (b) where an application is not submitted in accordance with point (a) for one of the active substances, until 1 September 2017.