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The Plant Protection Products Amendment (Scotland) Regulations 2002

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Transitional arrangements for provisional approvals

3.—(1) The provisions at paragraph (2) below shall apply, notwithstanding the amendment made by these Regulations, to the Plant Protection Products Regulations 1995.

(2) In relation to the active substances acibenzolar-s-methyl and pymetrozine in Annex I–

(a)any approval issued pursuant to regulation 7(1) (provisional approvals) or extended pursuant to regulation 7(5) in respect of any plant protection product containing either of those active substances shall not cease to have effect by reason only of the inclusion of those active substances in Annex I;

(b)any such approval or extension which provides for its expiry at a date prior to 31st March 2003 shall not expire at the date provided for, but shall continue in force until the date ascertained in accordance with sub-paragraph (d) below on the same terms and conditions under which it was approved or extended (save as to date of expiry so provided);

(c)any such approval or extension which provides for its expiry at a date on or after 31st March 2003 shall cease to have effect on the date ascertained in accordance with sub-paragraph (d) below;

(d)any approval or extension to which sub-paragraph (b) or (c) above applies shall cease to have effect on the date on which a decision made on an application for approval under regulation 5(1) (standard approvals) has effect or 31st March 2003, whichever is earlier.

(3) In paragraph (2) above, “Annex I” means Annex I to Council Directive 1991/414/EC concerning the placing of plant protection products on the market, as amended(1).

(1)

O.J. No. L 230, 19.8.91, p.1 (as read with Corrigenda published in O.J. No. L 170, 25.6.92, p.40) as last amended by Commission Directive 2001/87/EC (O.J. No. L 276, 19.10.01, p.17). A full list of the instruments that amend Council Directive 91/414/EEC is contained in Schedule 4 to the Plant Protection Products Regulations 1995.

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