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Regulation (EC) No 396/2005 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (Text with EEA relevance)
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[F1Article 15U.K.Setting of new MRLs
1This Article applies where the competent authority decides to set a new MRL in accordance with Article 14(1B)(a).
2The competent authority—
(a)may set a temporary MRL in relation to its constituent territory—
(i)for an active substance which is not approved under Regulation (EC) No 1107/2009 in relation to that territory, or
(ii)in the circumstances described in Article 16(1);
(b)otherwise, must set an MRL in relation to its constituent territory.
3A temporary MRL set in accordance with paragraph 2(a)(i) expires after 12 months unless—
(a)deleted in accordance with Article 14(1B)(b), or
(b)extended in accordance with paragraphs 4 or 5.
4A competent authority may extend a temporary MRL set in accordance with paragraph 2(a)(i) by a further 12 months where confirmation is pending that any scientific studies necessary for supporting an application for setting an MRL have been undertaken.
5Where the confirmation described in paragraph 4 is received, a competent authority may extend the temporary MRL by a further 24 months provided that no unacceptable safety concerns for consumers have been identified.
6Where the competent authority extends the period of the temporary MRL in accordance with paragraph 4 or 5, the competent authority must update the MRLs register accordingly.
7Where the Secretary of State makes a decision under Article 14(5) to set a new MRL in accordance with Article 14(1B)(a), a reference to the competent authority in paragraphs 1 and 2 is to be read as a reference to the Secretary of State.
8The Secretary of State may extend a temporary MRL in accordance with paragraphs 4 or 5 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.
9Where the Secretary of State extends a temporary MRL in accordance with paragraph 8, a reference in paragraph 6 to the competent authority is to be read as a reference to the Secretary of State.]
Textual Amendments
F1Art. 15 substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(12) (as amended by S.I. 2020/1376, regs. 1(4), 6(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)
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