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Commission Delegated Regulation (EU) No 1062/2014 CHAPTER 4 — TRANSITIONAL MEASURES

Article 21–Article 22 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Transitional measures for substances referred to in Article 15

Article 21

1.   A Member State may continue to apply its current system or practice of making available on the market and using a biocidal product consisting of, containing or generating an existing active substance referred to in points (b) and (c) of Article 15. In such cases: (a) the biocidal product shall no longer be made available on the market with effect from 24 months after the date of entry into force of this Regulation; (b) the use of existing stocks of the biocidal product may continue until 30 months after the date of entry into force of this Regulation. 2.   A Member State may continue to apply its current system or practice of making available on the market and using a biocidal product consisting of, containing or generating an existing active substance referred to in point (a) of Article 15. In such cases: (a) The biocidal product shall no longer be made available on the market with effect from 24 months after of either of the following, whichever is the later: (i) the date of entry into force of this Regulation; (ii) the notification or publication of the decision or guidance referred to in point (a) of Article 15. (b) Use of existing stocks of the biocidal product may continue until 30 months after either of the following, whichever is the later: (i) the date of entry into force of this Regulation; (ii) the notification or publication of the decision or guidance referred to in point (a) of Article 15. 3.   A Member State may continue to apply its current system or practice of making available on the market or using a biocidal product consisting of, containing or generating an existing active substance for which the Agency has made a publication pursuant to Article 16(4) for the relevant product-type. In such cases: (a) The biocidal product shall no longer be made available on the market with effect from 12 months after the date when the Agency has made the electronic publication referred to in Article 19; and (b) Use of existing stocks of the biocidal product may continue until 18 months after the date of that publication.

Essential use

Article 22

1.   Without prejudice to Article 55(1) of Regulation (EU) No 528/2012, within 18 months of the date of a decision not to approve an existing active substance, where a Member State considers this existing active substance essential for one of the reasons referred to in points (b) or (c) of the first subparagraph of Article 5(2) of Regulation (EU) No 528/2012, that Member State may submit a reasoned application to the Commission for a derogation from the second subparagraph of Article 89(2) of that Regulation. 2.   The requesting Member State shall submit the reasoned application to the Agency through the Register. Where the application contains confidential information, the requesting Member State shall at the same time submit a non-confidential version. 3.   The Agency shall make the application or, where relevant, the non-confidential version, publicly available by electronic means. Member States or any other person may submit comments within 60 days of the publication. 4.   Taking account of the comments received, the Commission may grant a derogation from the second sub-paragraph of Article 89(2) of Regulation (EU) No 528/2012 allowing biocidal products consisting of, containing or generating the substance to be made available on the market of the requesting Member State and used in that Member State in accordance with national rules and subject to the conditions in paragraph 5 and any further conditions imposed by the Commission. 5.   The Member State to which the derogation is granted shall: (a) ensure that continued use is limited to such cases where and such time during which the conditions of paragraph 1 are fulfilled; (b) impose appropriate risk mitigation measures to ensure that exposure of humans, animals and the environment is minimised; (c) ensure that alternatives are being sought, or that an application for approval of the active substance is being prepared for submission in accordance with Article 7 of Regulation (EU) No 528/2012 in due time before the expiry of the derogation.

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