813.12OBPFederal Council OrdinanceAug 1, 2005Original source
A biocidal product that is the same as a biocidal product which has already been granted authorisation AN, AC, ALor recognition, or for which an application to this effect is pending, may be authorised as an identical biocidal product under a special procedure.
The FDHA may, in consultation with DETEC and the EAER, specify the details of the procedure referred to in paragraph 1; in so doing, it shall take into consideration any implementing act adopted by the European Commission in accordance with Article 17 paragraph 7 of Regulation (EU) No 528/20121.
If the applicant is not identical with the holder of the authorisation for the same biocidal product already authorised, or with the submitter of a pending application, then the applicant must submit a letter of access under the procedure referred to in paragraph 1.