Commentaries: Art. 62

An application for authorisation ALor AnL, or for recognition of a biocidal product, which is pending at the time the Amendment of 20 June 2014 to this Ordinance comes into force shall be evaluated by the Notification Authority in accordance with existing legislation.
The risk assessment of the active substance in the biocidal product for which an application for authorisation is pending shall, however, be carried out:
1. in accordance with Articles 11–11f , if the active substance has not been approved by the European Commission or listed in Annex 2;
2. in accordance with Article 11g , if the active substance is a candidate for substitution on the basis of a decision adopted by the European Commission.
Where the risk assessment of the active substance under the new legislation identifies concerns arising from the provisions newly applicable with the entry into force of the Amendment of 20 June 2014 to this Ordinance, the applicant shall be given the opportunity to submit additional information to the Notification Authority.