Regulation Concerning The Notification Of Biocidal Products Under The Chemicals Act

Original Language Title: Verordnung über die Meldung von Biozid-Produkten nach dem Chemikaliengesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/chembiozidmeldev_2011/BJNR108500011.html

Regulation concerning the notification of biocidal products under the chemicals Act (biocidal reporting regulation ChemBiozidMeldeV) ChemBiozidMeldeV Ausfertigung date: 14.06.2011 full quotation: "biocidal Registration Decree of June 14, 2011 (BGBl. I p. 1085)" enters the V for more information on the stand number with expiration of the day override, which is mentioned in § 28 paragraph 11, sentence 1 of the chemicals Act, see the menu notes *) the obligations arising under the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 establishing an information procedure in the field of standards and technical requirements and the requirements for the services of the information society (OJ L 204 of the 21.7.1998, p. 37), most recently by Directive 2006/96/EC (OJ L 363 of 20.12.2006, p. 81) is has been modified to comply.
Footnote (+++ text detection from: 18.6.2011 +++) (+++ official note of the standard authority on EC law: implementation of EGRL of 98 at the 34 (CELEX Nr: 31998 L 0034) +++) input formula on the basis of § 28 paragraph 11, as well as article 14, paragraph 1 number 3 1(a) and paragraph 3 of the chemicals Act, of which article 28 paragraph 11 by article 4 paragraph 3 of the law of August 11, 2010 (BGBl. I p. 1163) has been modified , ordered the Federal Government after consultation with the interested parties: article 1 scope this Regulation applies to biocidal products within the meaning of § 3 b paragraph 1 No. 1 of the chemicals Act, containing only active substances that were already before 14 May 2000 for purposes other than scientific or process-orientated research and development in transport and that are not yet listed in annex I or annex IA of to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of Biocidal products (OJ L 123 of the 24.4.1998, p.1, L 150 of the 8.6.2002, p. 71), most recently by the guidelines 2011/10/EU, 2011/11/EU, 2011/12/EU and 2011/13/EC (OJ L 34 of 09.02.2011, p. 41, 45, 49 and 52) is has been modified.

§ 2 duty (1) biocidal products are allowed for the creation of the registration number pursuant to section 1 only in the traffic, if a registration number on the biocidal product concerned is applied. The registration number is make manufacturers, importers or by using own trade name according to the procedure of § 3 paragraph 1 at the admission Board pursuant to section 12j, paragraph 1 of the chemicals Act to apply for. Sentence 1 applies to biocidal products, for which already a registration number under the biocide notification regulation by May 24, 2005 (Federal Law Gazette I p. 1410) was granted, with the proviso that this registration number is.
(2) for biocidal products placed until June 17, 2011, in the transport, the registration number is until August 1, 2011, according to the procedure of § 3 paragraph 1 at the DMV to apply for. For biocidal products pursuant to sentence 1 you have in paragraph 1 sentence 2 named persons to ensure that the registration code is applied until November 1, 2011. Sentence 1 does not apply to biocidal products, for which a registration number was already granted under the biocide notification regulation by May 24, 2005.

Section 3 procedure for granting the registration number (1) is the biocidal product for which a registration number is required, to report the DMV electronically, using the electronic form provided on the website of the admission Board. The issuing of a registration number is requested at the same time with the message. The following information shall be communicated to the admissions: 1. trade name of the biocidal product, 2. name and address of the applicant according to § 2 (1) sentence 2, 3 product referred to in annex V of to Directive 98/8/EC, for which the biocidal product is offered, and 4 designation of biocidal agents contained in the biocidal product, specifying, if any, a) CAS number corresponding to the entry in annex II of to Regulation (EC) No. 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in article 16. paragraph 2 of Directive 98/8/EC of the European Parliament and of the Council on the placing on the market of biocidal products (OJ L 325 of December 11, 2007, p. 3), by Regulation (EC) no 298 / 2010 (OJ L 90 of the 10.4.2010, p. 4) is has been changed, and b) EC number corresponding to the entry in annex II to the regulation referred to in letter a.
(2) the Admissions Office checks whether the biocidal agents indicated in the request referred to in paragraph 1 in annex II of to Regulation (EC) No. 1451/2007 are available. If the specified biocidal active substances in annex II, it checks to see whether the biocidal product for which a registration number is requested, belongs to a product type, which is specified in annex II, for the substance or the substances. The Admissions Office is also examining whether one of these ingredients for the product type in question a decision of the Commission concerning the non-inclusion in annex I or annex IA of to Directive 98/8/EC in accordance with article 4 (2) of Regulation (EC) No. 1451/2007 was made for. Within 30 calendar days after receipt of the request the DMV tells the result of its examination the applicant and issued a registration number to the application of the biocidal product in question, provided that the entry in annex II of to Regulation (EC) no 1451/2007 and no recording decision pursuant to sentence 3.

§ 4 the DMV provides electronic directory on its Internet site land authorities responsible for monitoring an electronic directory of biocidal products available for a registration number has been granted. The directory must be updated at least once in the quarter. The directory contains in particular the information according to § 3, paragraph 1, sentence 3, the respective registry number, and, if necessary, the date referred to in article 4 (2) of Regulation (EC) no 1451/2007 and the type of the product concerned by the non-inclusion decision.

§ 5 number 5 is letter c of the chemicals Act offences any person in the sense of § 26 paragraph 1, who intentionally or negligently brings 1. contrary to article 2, paragraph 1, sentence 1, also in conjunction with sentence 3, a biocidal product on the market or 2. contrary to article 2, paragraph 2, sentence 2 does not ensure that a registration number is applied in a timely manner.

Article 6 entry into force, expiry this regulation enter into force on the day after the announcement. It occurs at the end of the day override, which is mentioned in § 28 paragraph 11, sentence 1 of the chemicals Act.

Concluding formula the Federal Council has approved.