CHAPTER II

PROCEDURE FOR APPLICATIONS FOR MRLS
SECTION 1

Submission of applications for MRLs

Evaluation of applications
Article 8
1
A competent authority to which an application complying with Article 7 is submitted pursuant to Article 6 shall immediately notify the other competent authorities and draw up an evaluation report without undue delay.
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.
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.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
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)
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)
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)
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)