Regulation (EC) No 1107/2009 of the European Parliament and of the CouncilShow full title

[F1 Article 20 U.K. Renewal decision

1. Within six months of the relevant conclusion date, a competent authority for a constituent territory to which the application relates must decide to either—

(a) renew the approval of the active substance, subject to conditions or restrictions, as referred to in Article 6(1), where appropriate; or

(b) refuse to renew approval of the active substance.

2. In making a decision under paragraph 1, the competent authority must have regard to—

(a) the conclusion of the assessing competent authority and the opinion of the Agency, if any, referred to in Article 37(4) of Regulation (EC) No 1272/2008;

(b) any comments received by the assessing competent authority in relation to the application, including any environmental monitoring information submitted by an appropriate agency;

(c) where the competent authority considers it appropriate to obtain it, any independent scientific advice obtained;

(d) where the conditions laid down in Article 7(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council are relevant, the precautionary principle;

(e) any other matters which the competent authority considers relevant to the competent authority's decision.

3. Where the reasons for not renewing the approval of an active substance—

(a) relate to immediate concerns for the protection of human or animal health or the environment, plant protection products containing that active substance must be withdrawn from the market immediately;

(b) do not fall within point (a), the competent authority must set a grace period in respect of existing stocks of the plant protection products containing that active substance.

4. The grace period—

(a) for the sale and distribution of the plant protection products must take into account the normal period of use of those plant protection products but must not exceed six months;

(b) for the disposal, storage, and use of the plant protection products must be consecutive to the period described in point (a) and must not exceed one year.

5. As soon as reasonably practicable after making a decision under paragraph 1, the competent authority must—

(a) notify the applicant and the other competent authorities in writing of the decision under paragraph 1, the reasons for that decision and the details of any grace period set in accordance with paragraphs 3 and 4, and

(b) update the approvals register accordingly.

6. The Secretary of State may make a decision under paragraph 1 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.

7. Where the Secretary of State makes a decision in accordance with paragraph 6, a reference in paragraphs 2, 3 and 5 to the competent authority is to be read as a reference to the Secretary of State.

8. In paragraph 1, the “relevant conclusion date” means—

(a) where the competent authority is the assessing competent authority, the date on which the competent authority adopts a conclusion under Article 13(1) of Commission Implementing Regulation (EU) No 844/2012;

(b) otherwise, the date on which the competent authority receives the conclusion of the assessing competent authority in accordance with Article 13(1) of Commission Implementing Regulation (EU) No 844/2012.

9. In paragraph 2(b), “appropriate agency” has the meaning given by Article 13(7).]

Textual Amendments

F1 Arts. 19, 20, 20A, 21 substituted for Arts. 19-21 (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 4(27) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(4)(d)); 2020 c. 1, Sch. 5 para. 1(1)