Regulation (EC) No 396/2005 of the European Parliament and of the CouncilDangos y teitl llawn

Article 8 U.K. Evaluation of applications

1. A [F1 competent authority] to which an application complying with Article 7 is submitted pursuant to Article 6 shall immediately [F2 notify the other competent authorities] and draw up an evaluation report without undue delay.

[F3 1A. A competent authority notified in accordance with paragraph 1 may request from the notifying competent authority a copy of the application received, and where such a request is received the notifying competent authority must provide a copy as soon as reasonably practicable.]

[F4 2. Applications must be evaluated in accordance with—

(a) principles set by regulations made under paragraph 2A in relation to the constituent territory, or

(b) where there are no such regulations, the uniform principles for the evaluation and authorisation of plant protection products prescribed in accordance with Article 29(6) of Regulation (EC) No 1107/2009 in relation to the constituent territory.

2A. The appropriate authority may, by regulations, set evaluation principles for applications for MRLs.

2B. In paragraph 2A, “the appropriate authority” means—

(a) for regulations applying in relation to England, the Secretary of State;

(b) for regulations applying in relation to Wales, the Welsh Ministers;

(c) for regulations applying in relation to Scotland, the Scottish Ministers.

2C. But the appropriate authority is the Secretary of State if consent is given by—

(a) for regulations applying in relation to Wales, the Welsh Ministers;

(b) for regulations applying in relation to Scotland, the Scottish Ministers.

3. A competent authority may, by agreement, transfer the evaluation of an application to another competent authority, provided the relevant principles referred to in paragraph 2 are the same in relation to the constituent territory of each of those competent authorities.

3A. A transfer in accordance with paragraph 3 does not affect anything done by a competent authority prior to transfer.]

F5 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 8(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 8(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 8(1A) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 8(2)-(3A) substituted for Art. 8(2) (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(4)(c) (as amended by S.I. 2020/1376, regs. 1(4), 6(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 8(4) omitted (31.12.2020) by virtue of The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(4)(d); 2020 c. 1, Sch. 5 para. 1(1)