Commission Delegated Regulation (EU) 2019/227 of 28 November 2018 amending Delegated Regulation (EU) No 1062/2014 as regards certain active substances/product-type combinations for which the competent authority of the United Kingdom has been designated as the evaluating competent authority (Text with EEA relevance.)
Commission Delegated Regulation (EU) 2019/227of 28 November 2018amending Delegated Regulation (EU) No 1062/2014 as regards certain active substances/product-type combinations for which the competent authority of the United Kingdom has been designated as the evaluating competent authority(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard 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 productsOJ L 167, 27.6.2012, p. 1. and in particular the first subparagraph of Article 89(1) thereof,Whereas:(1)Commission Delegated Regulation (EU) No 1062/2014Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1). sets out in its Annex II a list of active substance/product-type combinations included in the programme of review of existing active substances contained in biocidal products ("review programme").(2)The competent authority of the United Kingdom of Great Britain and Northern Ireland ("the United Kingdom") is the evaluating competent authority for several active substance/product-type combinations listed in Annex II to Delegated Regulation (EU) No 1062/2014.(3)The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. As a result, the United Kingdom will withdraw from the Union on 30 March 2019 and the Union legislation will no longer apply to and in the United Kingdom. A withdrawal agreement is currently being negotiated between the European Union and the United Kingdom, which includes a "transition period". According to draft provisions of the Withdrawal Agreement as agreed between the EU and the United Kingdom at negotiator's level, during the transition period, a competent authority of the United Kingdom can not act as evaluating competent authority for any active substance/product-type combination included in the review programme. Moreover, there is no certainty whether the Withdrawal Agreement, once finalised, will be signed and ratified by both parties, and this before the 30 March 2019.(4)Therefore, as regards the active substances/product-type combinations included in the review programme for which the competent authority of the United Kingdom has been designated as the evaluating competent authority, it is necessary to designate a new evaluating competent authority from among the competent authorities of the remaining 27 Member States of the European Union, EEA countries, or Switzerland, with effect from 30 March 2019.(5)Notwithstanding the stage of evaluation of the application, the Member States whose competent authorities are designated to replace that of the United Kingdom should be allowed to request fees for the services provided, in accordance with Article 80 of Regulation (EU) No 528/2012.(6)Taking into account that the review programme has to be finalised by the target date indicated in Article 89(1) of Regulation (EU) No 528/2012, appropriate time limits should be established for finalising the evaluations of the reallocated applications for active substance/product-type combinations.(7)Delegated Regulation (EU) No 1062/2014 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: