2.By way of derogation from Article 17(1), biocidal products referred to in paragraph 1 of this Article for which an application was submitted in accordance with paragraph 1 of this Article may continue to be made available on the market or used until the date of the decision granting the authorisation. In the case of a decision refusing to grant the authorisation, the biocidal product shall no longer be made available on the market 180 days after such a decision.
By way of derogation from Article 17(1), biocidal products referred to in paragraph 1 of this Article for which an application was not submitted in accordance with paragraph 1 of this Article may continue to be made available on the market or used until 180 days after 1 September 2017.
Disposal and use of existing stocks of biocidal products which are not authorised for the relevant use by the competent authority or the Commission may continue until 365 days after the date of the decision referred to in the first subparagraph or 12 months after the date referred to in the second subparagraph, whichever is the later.
1. WithoutBy prejudiceway of derogation from Article 17(1), a Member State may continue to Articleapply 89,its applicationscurrent forsystem authorisationor practice of making available on the market and using a biocidal productsproduct not covered by the scope of Directive 98/8/EC98/8/EC, andbut falling within the scope of this RegulationRegulation, and whichconsisting of, containing or generating only active substances that were available on the marketmarket, or used in biocidal products, on 1 September 20132013. The derogation shall beapply submitteduntil atone of the latestfollowing by 1 September 2017.dates:
(a)where applications for approval of all those active substances, which the biocidal product consists of, contains or generates, are submitted for the relevant product-type by 1 September 2016, the deadlines provided for in the second subparagraph of Article 89(2), in Article 89(3) and in Article 89(4); or
(b)where an application is not submitted in accordance with point (a) for one of the active substances, until 1 September 2017.