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Textual Amendments
F3Art. 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)
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
F4Art. 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)
1.The [F5competent authority] to which an application under Article 40 [F6as 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 [F7reference state], except where Article 36(3) applies.
[F81A.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 [F9paragraphs 1 and 1A, the competent authority] may authorise the plant protection product where:
(a)an authorisation under point (b) of Article 40(1) [F10as it had effect immediately before IP completion day] was applied for;
(b)it contains a candidate of substitution; [F11or]
(c)Article 30 has been applied; or
F12(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words 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)
F6Words 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)
F7Words 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)
F8Art. 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)
F9Words 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)
F10Words 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)
F11Word 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)
F12Art. 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)
1.The application shall be accompanied by the following:
(a)a copy of the authorisation granted by the reference [F13state] as well as a translation of the authorisation into [F14English 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 [F15state];
(c)a complete or summary dossier as required in Article 33(3) [F16as it had effect immediately before IP completion day, when requested by the competent authority];
(d)an assessment report of the reference [F17state] containing information on the evaluation and decision on the plant protection product.
2.The [F18competent authority] to which [F19the application] is submitted shall decide on the application within 120 days.
[F203.Where permitted by the competent authority, the applicant may submit an application in a language other than English.]
Textual Amendments
F13Word 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)
F14Words 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)
F15Word 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)
F16Words 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)
F17Word 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)
F18Words 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)
F19Words 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)
F20Art. 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)
Textual Amendments
F1Words in Ch. 3 Section 1 Subsection 3 heading inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(a) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Ch. 3 Section 1 Subsection 3A inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(21) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(f)); 2020 c. 1, Sch. 5 para. 1(1)