Regulation (EC) No 1107/2009 of the European Parliament and of the CouncilShow full title

Subsection 3 U.K. [F1 Ongoing applications for] mutual recognition of authorisations

F2 Article 40 U.K. Mutual recognition

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Textual Amendments

F2 Art. 40 omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F3 Article 40A U.K. Application and interpretation

1. This Subsection applies where—

(a) before IP completion day the holder of an authorisation of a plant protection product granted by a member State or EEA state in accordance with Article 29 as it had effect immediately before IP completion day had applied for—

(i) authorisation of the same product in the United Kingdom in accordance with Article 40 as it had effect immediately before IP completion day, or

(ii) authorisation of the same product for minor uses in accordance with Articles 40 and 51(7) as those Articles had effect immediately before IP completion day, and

(b) immediately before IP completion day that application had not been determined.

2. In this Subsection—

(a) a reference to an Article as it had effect immediately before IP completion day in relation to an EEA state is a reference to that Article as adapted by the EEA Agreement as it had effect immediately before IP completion day;

(b) “reference state” means the member State or EEA state referred to in paragraph 1(a).]

Textual Amendments

F3 Art. 40A inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(c) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Article 41 U.K. Authorisation

1. The [F4 competent authority] to which an application under Article 40 [F5 as it had effect immediately before IP completion day] is submitted shall, having examined the application and the accompanying documents referred to in Article 42(1), as appropriate with regard to the circumstances in its territory, authorise the plant protection product concerned under the same conditions as the [F6 reference state], except where Article 36(3) applies.

[F7 1A. But where the application was for authorisation of minor uses in accordance with Article 51(7) as it had effect immediately before IP completion day, the competent authority must authorise such uses, except where—

(a) Article 36(3) applies, or

(b) the competent authority considers that those uses are not minor.]

2. By way of derogation from [F8 paragraphs 1 and 1A, the competent authority] may authorise the plant protection product where:

(a) an authorisation under point (b) of Article 40(1) [F9 as it had effect immediately before IP completion day] was applied for;

(b) it contains a candidate of substitution; [F10 or]

(c) Article 30 has been applied; or

F11 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in Art. 41(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 41(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(i)(bb) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 41(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(i)(cc) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 41(1A) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(ii) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 41(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(iii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 41(2)(a) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(iii)(bb) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in Art. 41(2) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(iii)(cc) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 41(2)(c) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(d)(iii)(dd) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

Article 42 U.K. Procedure

1. The application shall be accompanied by the following:

(a) a copy of the authorisation granted by the reference [F12 state] as well as a translation of the authorisation into [F13 English or another language permitted by the competent authority];

(b) a formal statement that the plant protection product is identical to that authorised by the reference [F14 state];

(c) a complete or summary dossier as required in Article 33(3) [F15 as it had effect immediately before IP completion day, when requested by the competent authority];

(d) an assessment report of the reference [F16 state] containing information on the evaluation and decision on the plant protection product.

2. The [F17 competent authority] to which [F18 the application] is submitted shall decide on the application within 120 days.

[F19 3. Where permitted by the competent authority, the applicant may submit an application in a language other than English.]

Textual Amendments

F12 Word in Art. 42(1)(a) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(18)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 42(1)(a) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(18)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in Art. 42(1)(b) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(18)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 42(1)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(18)(c) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in Art. 42(1)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(18)(d) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 42(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(19)(a) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 42(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(19)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F19 Art. 42(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(20) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)