CHAPTER II

PROCEDURE FOR APPLICATIONS FOR MRLS
SECTION 3

Setting, modifying or deletion of MRLs

Setting of new MRLs
Article 15
1
This Article applies where the competent authority decides to set a new MRL in accordance with Article 14(1B)(a).
2
The 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.
3
A 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.
4
A 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.
5
Where 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.
6
Where 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.
7
Where 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.
8
The 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.
9
Where 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.
Art. 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)