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28. In Schedule 13—
(a)after paragraph 2 insert—
“2A In relation to those active substances to which the first sub-paragraph of Article 4.2 of the second review regulation(1) refers, a decision referred to in paragraph 2(b) of this Schedule not to include those active substances in Annex I, IA or IB shall be deemed to have taken effect, and these Regulations shall apply to a biocidal product which contains any of those active substances.”;
(b)for paragraph 4 substitute—
“4. Where there is more than one unlisted active substance in a biocidal product, these Regulations shall not apply to that biocidal product until either—
(a)a decision referred to in paragraph 2(a) to include the last of those unlisted active substances in Annex I, IA or IB takes effect, provided that such a decision has been made to include all other active substances in that biocidal product in either Annex I, IA or IB; or
(b)a decision referred to in paragraph 2(b) not to include an unlisted active substance present in the biocidal product in Annex I, IA or IB takes effect.”;
(c)in paragraph 14—
(i)in sub-paragraph (a), for “paragraph 10” substitute “paragraph 13” and omit “and” at the end; and
(ii)omit sub-paragraph (b); and
(d)in paragraph 15—
(i)after “other than regulation 29,” insert “33, 39A or Schedule 12A,”; and
(ii)omit sub-paragraph (c).
The first sub-paragraph of Article 4.2 of the second review regulation is substituted by Article 1.3 (b) of the third review regulation.
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