The Plant Protection Products (Scotland) Regulations 2005

Approvals for research and development

9.—(1) No person shall carry out any experiment or test for research or development purposes involving the release into the environment of a plant protection product which has not been approved under regulation 5, 7, 8 or 11 unless an approval for trial purposes has been granted by the Scottish Ministers under this regulation in respect of that product.

(2) Subject to paragraph (3) below, any person who wishes to obtain an approval under this regulation shall submit an application to the Scottish Ministers before the commencement of the experiment or test, together with a dossier containing all the available information, so as to permit an assessment to be made of possible effects on human or animal health or the possible impact on the environment.

(3) Paragraph (2) above shall not apply if the Scottish Ministers have granted the applicant the right to undertake certain experiments and tests and have determined the conditions under which the experiments and tests have to be undertaken.

(4) An approval granted under this regulation shall specify the requirements and conditions relating to the release into the environment of the product, which shall include a specification of the controlled conditions for carrying out the test, the quantities and area or location in respect of which the approval shall apply and any conditions imposed under paragraph (5) below.

(5) If the proposed experiments or tests referred to in paragraph (1) above are liable to have harmful effects on human or animal health or to have an unacceptably adverse influence on the environment, the Scottish Ministers may either prohibit them or permit them subject to such conditions as they consider necessary to prevent those consequences.

(6) This regulation shall not apply to experiments or tests covered by Part B of Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms(1) as amended(2).

(7) Any person who contravenes or causes or permits any person to contravene–

(a) paragraph (1) above; or

(b) any requirement or condition of an approval granted under this regulation,

shall be guilty of an offence.

(1)

O.J. No. L 106, 17.4.01, p.1.

(2)

Last amended by Regulation (EC) No. 1830/2003 of the European Parliament and Council (O.J. No. L 268, 18.10.03, p.24).