The Plant Protection Products Regulations 1995

Regulation 26

SCHEDULE 3 TRANSITIONAL PROVISIONS

Application of these Regulations and of the 1986 Regulations to relevant plant protection products

1.  Notwithstanding regulation 3(1) and (2) and subject to the remaining provisions of this Schedule—

(a) these Regulations shall not apply; and

(b) the 1986 Regulations shall continue to apply,

to a relevant plant protection product.

Effect of Annex I decisions on the placing on the market and use of relevant plant protection products which are not approved pesticides

2.  Where in relation to a relevant plant protection product which is not an approved pesticide it is decided under Article 6(1)—

(a) that the relevant active substances of that product should be included in Annex I, or

(b) that any of the relevant active substances of that product should not be included in Annex I,the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2).

Effect of a refusal to include an active substance in Annex I on relevant plant protection products which are approved pesticides

3.  Where, in relation to a relevant plant protection product which is an approved pesticide, it has been decided under Article 6 that any of its relevant active substances should not be included in Annex I, the Ministers shall notify the pesticide approval holder of that decision and shall take the action described in paragraph 5(1) below.

Effect of a decision to include active substances in Annex I on relevant plant protection products which are approved pesticides

4.—(1) Where, in relation to any relevant plant protection product which is an approved pesticide, it has been decided under Article 6 that its relevant active substances should be included in Annex I, the Ministers shall notify the pesticide approval holder of that fact and the pesticide approval holder shall, as soon as reasonably practicable, and in any event not later than three months after that notification, or such longer period as the Ministers may determine and notify to the pesticide approval holder, make an application for an approval of the relevant plant protection product under regulation 5.

(2) After having submitted an applicaton under regulation 5, the pesticide approval holder may continue to place on the market and use the relevant plant protection product until such time as the Ministers notify him of their decision to grant or refuse an approval under that regulation.

(3) Where the pesticide approval holder fails to provide adequate information to enable the Ministers to consider the application, the Ministers shall notify him of that failure and the pesticide approval holder shall, within such reasonable period as may be specified in the notification, submit further information to the Ministers to enable them to consider the application.

Revocation of pesticide approval

5.—(1) The Ministers shall, at the same time as they notify a pesticide approval holder of a decision mentioned in paragraph 3 or 4(2) above, revoke the pesticide approval.

(2) The Ministers may, if any pesticide approval holder fails to comply with a notification given under paragraph 4(1) or (3) above, revoke the pesticide approval.

(3) Where the Ministers revoke a pesticide approval under sub-paragraph (1) or (2) above, they may revoke that approval—

(a) completely;

(b) in the manner specified in sub-paragraph (4) below; or

(c) in the manner specified in sub-paragraph (5) below.

(4) When revoking an approval in the manner mentioned in paragraph (b) of sub-paragraph (3) above, the Ministers shall—

(a) subject to sub-paragraph (b) below, revoke that approval in so far as it authorises the advertisement, sale, storage, supply and use of that product; and

(b) in the form of a provisional approval granted under regulation 5 of the 1986 Regulations for a period not exceeding two years commencing with the date of that revocation, authorise—

(i) the storage of that product by any person; and

(ii) the advertisement, sale, supply and use of that product by any person other than the pesticide approval holder or the pesticide approval holder’s employees or agents.

(5) When revoking an approval in the manner mentioned in paragraph (c) of sub-paragraph (3) above, the Ministers shall—

(a) subject to sub-paragraphs (b) and (c) below, revoke that approval in so far as it authorises the advertisement, sale, supply, storage and use of that product;

(b) in the form of a provisional approval granted under regulation 5 of the 1986 Regulations for a period not exceeding one year commencing with the date of that revocation, authorise the advertisement, sale, storage, supply and use of that product by any person; and

(c) in the form of a provisional approval granted under regulation 5 of the 1986 Regulations for a period, not exceeding two years following the end of the period of provisional approval granted under sub-paragraph (b) above, authorise—

(i) the storage of that product by any person; and

(ii) the advertisement, sale, supply and use of that product by any person other than the pesticide approval holder or the pesticide approval holder’s employees or agents.

Effect of revocation on the placing on the market and use of the product

6.—(1) Where the Ministers have revoked a pesticide approval in relation to any plant protection product under paragraph 5(1) or (2) above completely, the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2) forthwith.

(2) Where the Ministers have revoked a pesticide approval in relation to any plant protection product in the manner specified in paragraph 5(4) above, the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2) on the expiry of the period of the provisional approval granted under paragraph 5(4)(b)(ii) above.

(3) Where the Ministers have revoked a pesticide approval in relation to any plant protection product in the manner specified in paragraph 5(5) above, the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2) on the expiry of the period of the provisional approval granted under paragraph 5(5)(c)(ii) above.

Notifications

7.  Any notification given by the Ministers under this Schedule shall be in writing.

Interpretation

8.  For the purposes of this Schedule—

“approved pesticide” means a pesticide which is the subject of a pesticide approval;

“pesticide approval” means approval of a pesticide given under regulation 5 of the 1986 Regulations;

“pesticide approval holder” means any person who holds a current pesticide approval;

“relevant active substance” means an active substance which has the same chemical composition as an active ingredient(2) contained in a relevant plant protection product which is an approved pesticide;

“relevant plant protect product” means any plant protection product—

(a)

which falls within the scope of the 1986 Regulations(3); and

(b)

at least one of whose active ingredients is an old active substance; and

“advertisement”, “sale”, “storage”, “supply” and “use” have the same meanings as in the 1986 Regulations.

(1)

Article 6 makes provision for the adoption by the Commission or (in certain circumstances) by the Council of the European Communities of decisions that active substances should, or should not, be included in Annex I.

(2)

See regulation 2(1) of the 1986 Regulations.

(3)

See regulation 3 of the 1986 Reguations.