The Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide the charging regime in relation to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (“the Biocides Regulation”; OJ No L167, 27.06.12, p.1).

The Biocides Regulation replaces Directive 98/8/EC (OJ No. L123, 24.4.98, p.1) of the European Parliament and the Council of 16th February 1998, which laid down harmonised rules for the placing on the market of biocidal products. The Biocides Regulation lays down revised harmonised rules for the approval of active substances and the making available on the market of biocidal products.

Regulation 4 makes provision for the functions of the Member State referred to in Article 80(2) to be performed by the Executive.

Regulation 5 and Schedule 1 enables the Executive to charge fees, at a daily rate, for work carried out within the scope of the Biocides Regulation and within Regulation 12 of the Biocidal Products (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013, relating to applications for the authorisation and mutual recognition of biocidal products, the approval of active substances and permits and notification under specific conditions.

Regulations 6 and 7 provide for an annual charge to be paid to the Executive by persons placing biocidal products on the market in respect of costs incurred by or on behalf of the Executive and the competent authorities in Great Britain, associated with any work carried out within the scope of the Biocides Regulation that cannot be attributed to an individual application.

Regulation 8 requires anyone liable to pay the annual charge to notify the Executive, or a person designated by the Executive, of information specified in that regulation, subject to exceptions set out in that regulation.

Regulation 9 revokes regulations 39 and 39A of, and Schedules 11 and 11A to, the Biocidal Products Regulations (Northern Ireland) 2001 (and associated amending provisions in the Biocidal Products (Amendment) Regulations 2003), subject to savings provisions which: (i) enable fees to be charged in respect of the evaluation of biocidal product authorisation applications submitted before 1st September 2013, and (ii) allow the annual charge to be recovered in respect of the period from 1st April 2013 to 31st August 2013.

In Great Britain the corresponding legislation is the Biocidal Products (Fees and Charges) Regulations 2013 (S.I. 2013/1507). The Great Britain Health and Safety Executive has prepared a full impact assessment of the effect that the Regulations will have on costs to business and the voluntary sector. A copy of that assessment is available from the Health and Safety Executive for Northern Ireland, 83 Ladas Drive, Belfast, BT6 9FR. A copy of the impact assessment has been placed in the library of the Northern Ireland Assembly and is annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.