CHAPTER IIU.K.PROCEDURE FOR APPLICATIONS FOR MRLS

SECTION 3U.K.Setting, modifying or deletion of MRLs

Article 14U.K.Decisions on applications [F1or opinions] concerning MRLs

[F21.Within 3 months of completing the evaluation of an application under Article 8 or producing or receiving a reasoned opinion under Article 12, a competent authority must decide to take one of the actions set out in paragraph 1B(a) to (c).

1A.Within 3 months of receiving an evaluation report under Article 9(1)(a), a competent authority may decide to—

(a)take the action outlined in paragraph 1B(a) or (b), or

(b)take no action.

1B.The actions are—

(a)set a new MRL in relation to its constituent territory,

(b)modify or delete an existing MRL, or

(c)reject the application, or take no further action in respect of the reasoned opinion.

1C.A new MRL set under paragraph 1B(a) applies from a date set by the competent authority.

1D.The modification or deletion of an MRL under paragraph 1B(b) applies from a date set by the competent authority in accordance with paragraph 1E.

1E.The date described in paragraph 1D must be at least 6 months after the day on which the decision under paragraph 1 or 1A is made, except where the competent authority considers that an earlier date is necessary to avoid endangering human or animal health.]

2.[F3In making a decision under paragraphs 1 or 1A, the competent authority must take account of—]

(a)the scientific and technical knowledge available;

(b)the possible presence of pesticide residues arising from sources other than current plant protection uses of active substances, and their known cumulative and synergistic effects, when the methods to assess such effects are available;

(c)the results of an assessment of any potential risks to consumers with a high intake and high vulnerability and, where appropriate, to animals;

(d)the results of any evaluations and decisions to modify the uses of plant protection products;

(e)a CXL or a GAP implemented in [F4another] country for the legal use of an active substance in that country;

(f)other legitimate factors relevant to the matter under consideration.

3.The [F5competent authority] may request at any time that supplementary information be provided by the applicant or [F6, where the Secretary of State provided the reasoned opinion to the competent authority in accordance with Article 12(6)(b), the Secretary of State]. The [F5competent authority] shall make available any supplementary information received to the [F7other competent authorities].

[F84.As soon as reasonably practicable after making a decision under paragraph 1 or 1A, the competent authority must—

(a)notify the other competent authorities and any applicant in writing of the decision and the reasons for it, and

(b)update the MRLs register accordingly.

5.The Secretary of State may make a decision under paragraph 1 or 1A instead of a competent authority—

(a)in relation to Wales, with the consent of the Welsh Ministers;

(b)in relation to Scotland, with the consent of the Scottish Ministers.

6.Where the Secretary of State makes a decision in accordance with paragraph 5, a reference in paragraphs 1C to 4 to the competent authority is to be read as a reference to the Secretary of State.]

Textual Amendments