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The Plant Protection Products (Fees) (Amendment) Regulations 2004

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Amendment of the Plant Protection Products (Fees) Regulations 2003

2.—(1) The Plant Protection Products (Fees) Regulations 2003(1) shall be amended in accordance with this regulation.

(2) For paragraph (2) of regulation 1 (title, commencement, extent and interpretation) there shall be substituted:

(2) In these Regulations—

“the 1991 Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the market(2) amended as set out in the definition of “the Directive” in the 2003 Regulations;

“the 2003 Regulations” means the Plant Protection Products Regulations 2003(3) or the Plant Protection Products (Scotland) Regulations 2003(4) as appropriate;

“data” means scientific evidence submitted in support of an application under the 2003 Regulations;

“relevant authority” means the authority in Great Britain to which an application is submitted;

“the Schedule” means the Schedule to these Regulations,

and any reference in the Schedule to an identified item or an identified note refers to the item or note so identified in the Schedule..

(3) In regulation 2 (fees), for:

(a)“the 1995 Regulations”, wherever the expression appears, there shall be substituted “the 2003 Regulations”;

(b)“Note F” in paragraph (2)(c) there shall be substituted “Note C”.

(4) After regulation 3 (transitional provisions) the following regulation shall be added:

3A.(1) Subject to paragraph (2), the amendments made by the Plant Protection Products (Fees) (Amendment) Regulations 2004 shall not apply in respect of any application made before the amendments come into force.

(2) The amount of any fee relating to any activity carried out after these Regulations are amended by the Plant Protection Products (Fees) (Amendment) Regulations 2004, in connection with any application made before the amendments come into force, is based on the fee specified in these Regulations as amended by those Regulations..

(5) For the Schedule there shall be substituted the Schedule to these Regulations.

(1)

S.I. 2003/660.

(2)

OJ No. L230, 19.8.91, p.1.

(3)

S.I. 2003/3241.

(4)

S.S.I. 2003/579.

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