Commentaries: Art. 26

The holder of an authorisation may apply for renewal.¹
The application for renewal must be submitted to the Notification Authority:
1. 550 days before the expiry of an authorisation ALor AnL;
2. 2 months before the expiry of a simplified authorisation;
3. ² 550 days before the expiry of a recognition;
4. 1 month before the expiry of an authorisation for exceptional situations.
For the renewal of an authorisation ALor AnL, the application must include the following:
1. all the data required in accordance with Annex 5 which the applicant has generated since the initial authorisation or, where appropriate, previous renewal;
2. the applicant’s assessment of whether the conclusions of the initial or, where appropriate, previous assessment remain valid and any supporting information.
The Notification Authority shall review the existing authorisation. In order to assess the risks of the biocidal product, it may ask the applicant to provide samples or additional information.
For authorisations ALor AnL, the Notification Authority, in consultation with the assessment authorities, shall decide within the set time limit (Art. 19 para. 1 let. k) whether a full evaluation is required in accordance with Article 31 paragraph 5 of Regulation (EU) No 528/2012³, and it shall issue a ruling within the set time limit (Art. 19 para. 1 let. l and m), taking into account, where applicable, a comparative assessment carried out in accordance with Article 11g .
It may extend the period of validity of an existing authorisation until the final decision on renewal has been taken.
For renewals, the maximum periods of validity specified in Article 8 paragraph 1 apply.
The Notification Authority may renew an authorisation ANor ACif the evaluation of an application is delayed under Article 22 paragraph 2.⁴
Authorisations AnLbased on an evaluation and recommendation of an EU or EFTA Member State cannot be renewed.
The FDHA may, in consultation with DETEC and the EAER, regulate the procedure for the renewal of recognitions; in doing so, it shall take account of delegated acts adopted by the European Commission in accordance with Article 40 of Regulation (EU) No 528/2012.⁵

Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). ↩
Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). The correction of 22 Oct. 2019 concerns the French text only (AS 2019 3221). ↩
See footnote to Art. 1b para. 3. ↩
Amended by No I of the O of 31 Jan. 2018, in force since 1 March 2018 (AS 2018 817). ↩
Inserted by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). ↩

Art. 26

Footnotes