Table showing implementation of Directive 2009/107/EC amending the Biocidal Products Directive 98/8/EC by the Biocidal Products (Amendment) Regulations 2010

Article Objective Implementing regulation
Article 1(1) Amends Article 12 of Directive 98/8/EC dealing with the data protection provisions for information submitted under the Directive for the inclusion of active substances on Annex I of the Directive and for the authorisation or registration of biocidal products containing active substances listed on Annex I. In particular it extends by up to four years the cut-off date for data protection in line with the extended derogations for active substances and biocidal products that are subject to the transitional measures in Article 16 of the Directive. Provision is also made for the further extension of this period by up to two years in line with any decision made under comitology procedures to extend the transitional deadline in Article 16 5(c), 6, 7
Article 1(2) Amends Article 16 of Directive 98/8/EC that provides for a review programme to evaluate all active substances already on the market when the Directive came into force ('existing active substances') to determine whether they satisfy its requirements and can be included on its Annex I, and allows biocidal products already on the market when the Directive came into force to remain on the market under national authorisations provided their active substance(s) have been duly notified to the European Commission as existing active substances. The amendment extends the date the derogation shall cease to apply by four years to 14th May 2014 to allow the review programme to be completed. Provision is also made for the derogation to be further extended if required, by up to two years by comitology decision 5(b) and (c)
Updated 2021-06-08