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

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC

Subsection 3U.K. [F1Ongoing applications for] mutual recognition of authorisations

F2Article 40U.K.Mutual recognition

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Textual Amendments

[F3Article 40AU.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

Article 41U.K.Authorisation

1.The [F4competent authority] to which an application under Article 40 [F5as 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 [F6reference state], except where Article 36(3) applies.

[F71A.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 [F8paragraphs 1 and 1A, the competent authority] may authorise the plant protection product where:

(a)an authorisation under point (b) of Article 40(1) [F9as it had effect immediately before IP completion day] was applied for;

(b)it contains a candidate of substitution; [F10or]

(c)Article 30 has been applied; or

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

Textual Amendments

Article 42U.K.Procedure

1.The application shall be accompanied by the following:

(a)a copy of the authorisation granted by the reference [F12state] as well as a translation of the authorisation into [F13English 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 [F14state];

(c)a complete or summary dossier as required in Article 33(3) [F15as it had effect immediately before IP completion day, when requested by the competent authority];

(d)an assessment report of the reference [F16state] containing information on the evaluation and decision on the plant protection product.

2.The [F17competent authority] to which [F18the application] is submitted shall decide on the application within 120 days.

[F193.Where permitted by the competent authority, the applicant may submit an application in a language other than English.]

Textual Amendments