These Regulations were created to recover costs from industry for work carried out under the directly acting EU legislation concerning the placing on the market and use of biocidal products. Previously, the Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2013 were created to recover costs from industry for work carried out under the directly acting EU Regulation No. 528/2012 concerning the placing on the market and use of biocidal products. HSE undertook this work on behalf of HSENI and the arrangements are similar to those that applied under previous legislation.
Prior to HSE consulting on the equivalent Great Britain fees and charges regulations in 2013, it agreed with HM Treasury that it would carry out a post implementation review of the Regulations, following which it was decided to withdraw the requirement for businesses to pay the annual charge element of the fees and charges regime, which is £630 per business at 2013 prices. Now, an Agency Agreement currently exists between HSENI and HSE which allows appropriate functions in relation to biocides to be performed by HSE on behalf of HSENI. The agreement also requires HSENI to ensure that the costs incurred by HSE in performing these functions are paid in full. In practice, HSE deals directly with the companies involved to recoup the costs incurred.
