Commentaries: Art. 1b

Where it is empowered to do so under this Ordinance, the Federal Department of Home Affairs (FDHA), in consultation with the Federal Department of the Environment, Transport, Energy and Communications (DETEC) and the Federal Department of Economic Affairs, Education and Research (EAER), shall make changes to provisions of this Ordinance concerning the authorisation and placing on the market of biocidal products in order to take scientific and technical progress into account.
Where procedural aspects for the authorisation or placing on the market of biocidal products are not specified in this Ordinance, the details shall be regulated by the FDHA, if it is empowered to do so, in consultation with DETEC and the EAER.
With regard to changes as specified in paragraphs 1 and 2, the FDHA shall take into consideration delegated acts or implementing acts adopted by the European Commission in accordance with Regulation (EU) No 528/2012¹.²
Adjustments to technical details of minor importance in this Ordinance shall be made by the Federal Office of Public Health (FOPH), if it is empowered to do so, in consultation with the Federal Office for the Environment (FOEN) and the State Secretariat for Economic Affairs (SECO).
Where this Ordinance regulates matters which are the subject of an international treaty, responsibilities shall be governed, not by this Ordinance, but by the treaty, insofar as responsibilities are regulated by the latter.
The Notification Authority shall publicise on its website³the responsibilities arising from the international treaty.⁴

Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products, OJ L 167 of 27 June 2012, p. 1; last amended by Regulation (EU) No 334/2014, OJ L 103 of 5 April 2014, p. 22. ↩
Amended by Annex No 1 of the O of 11 March 2022, in force since 1 May 2022 (AS 2022 220). ↩
www.anmeldestelle.admin.ch > Topics > Chemicals Legislation and Guidelines > Chemicals Legislation > Ordinance on Biocidal Products (OBP) > MRA Switzerland-EU ↩
Amended by No I of the O of 5 June 2015, in force since 1 July 2015 (AS 2015 1985). ↩

Art. 1b

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