in force 2014-04-25 MODIFIED+1,183 −693§
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: 2017-03-01 · dates removed: 2013-09-01
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
The provision changes the derogation reference from Article 58 generally to Article 58(2) specifically, and it replaces the earlier single-paragraph test based on treated articles being available on the market on 1 September 2013 with a new test based on active substances being under examination or subject to a pending approval application by 1 September 2016.
Paragraph 1 now sets out two dated outcomes, split into points (a) and (b), covering a rejection or non-approval decision taken after 1 September 2016 and the approval of the last relevant active substance, replacing the earlier single rule tied to a 1 September 2016 application deadline and a decision on approval.
The former paragraph 2, which barred placing on the market 180 days after a non-approval decision or from 1 September 2016, whichever was later, is replaced by a new paragraph 2 allowing treated articles with other active substances to be placed on the market until 1 March 2017.
Cited: Art. 94, v1 · Art. 94, v2
text before / after
texts differ too much for an inline diff; shown separately
before (02012R0528-20130923)
Article 94 Transitional measures concerning treated articles 1. By way of derogation from Article 58 and without prejudice to Article 89, treated articles that were available on the market on 1 September 2013 may, until the date of a decision concerning the approval for the relevant product-type of the active substance(s) contained in the biocidal products with which the treated articles were treated or which they incorporate, continue to be placed on the market if the application for the approval of the active substance(s) for the relevant product-type is submitted at the latest by 1 September 2016. 2. In the case of a decision not to approve an active substance for the relevant product-type, treated articles which were treated with, or which incorporate, biocidal product(s) containing that active substance shall no longer be placed on the market 180 days after such a decision or as of 1 September 2016, whichever is the later, unless an application for the approval has been submitted in accordance with paragraph 1.
after (02012R0528-20140425)
Article 94 Transitional measures concerning treated articles 1. By way of derogation from Article 58(2), a treated article treated with or intentionally incorporating one or more biocidal products containing only active substances that are under examination for the relevant product-type in the work programme referred to in Article 89(1) on 1 September 2016 or for which an application for approval for the relevant product-type is submitted by that date, or containing only a combination of such substances and active substances included in the list drawn up in accordance with Article 9(2) for the relevant product-type and use or included in Annex I, may be placed on the market until one of the following dates: (a) in the case of a decision adopted after 1 September 2016 to reject the application for approval of, or not to approve, one of the active substances for the relevant use, the date falling 180 days after such a decision; (b) in other cases, the date of approval for the relevant product-type and use of the last active substance to be approved and contained in the biocidal product. 2. By way of further derogation from Article 58(2), a treated article treated with or intentionally incorporating one or more biocidal products containing any active substances other than those referred to in paragraph 1 of this Article or those included in the list drawn up in accordance with Article 9(2) for the relevant product-type and use or included in Annex I, may be placed on the market until 1 March 2017.