CHAPTER III

PLANT PROTECTION PRODUCTS
SECTION 1

Authorisation
Subsection 4

Renewal, withdrawal and amendment

Withdrawal or amendment of an authorisation
Article 44
1
A competent authority may review an authorisation at any time where there are indications that a requirement referred to in Article 29 is no longer satisfied.
A competent authority shall review an authorisation where it concludes that the environmental objectives of a river basin district may not be achieved.
2
Where a competent authority intends to withdraw or amend an authorisation, it shall inform the authorisation holder and give him the possibility to submit comments or further information.
3
The competent authority shall withdraw or amend the authorisation, as appropriate, where:
a
the requirements referred to in Article 29 are not or are no longer satisfied;
b
false or misleading information was supplied concerning the facts on the basis of which the authorisation was granted;
c
a condition included in the authorisation has not been met;
d
on the basis of developments in scientific and technical knowledge, the manner of use and amounts used can be modified; or
e
the authorisation holder fails to comply with the obligations resulting from this Regulation.
4
Where a competent authority withdraws or amends an authorisation in accordance with paragraph 3, it shall immediately inform the holder of the authorisation and the other competent authorities. The other competent authorities may withdraw or amend the authorisation accordingly taking into account conditions in its constituent territory and risk mitigation measures except for cases where the second or third subparagraphs of Article 36(3) have been applied. Article 46 shall apply where appropriate.
5
In paragraph 1, “environmental objectives”—
a
in relation to the Northumbria River Basin District, means the objectives referred to in the WFD Regulations as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003;
b
in relation to the Solway Tweed River Basin District, means the objectives as defined in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;
c
in relation to any other river basin district, within the meaning of the WFD Regulations, has the same meaning as in those regulations;
d
in relation to a river basin district in Scotland, means the objectives set under section 9(1)(a)(i) of the Water Environment and Water Services (Scotland) Act 2003.
6
In paragraph 4, the “conditions” in the constituent territory of a competent authority include—
a
any data requirements specified in regulations made under Article 8(4)(a) or (b) in relation to that constituent territory;
b
any uniform principles prescribed by regulations made under Article 29(6)(a) in relation to that constituent territory;
c
any guidance issued under Article 77 in relation to that constituent territory.
7
In this Article—
a
“
river basin district
” means any of the following—
i)
the Northumbria River Basin District;
ii)
the Solway Tweed River Basin District;
iii)
a river basin district within the meaning of the WFD Regulations;
iv)
in relation to Scotland, an area designated as a river basin district by order under section 4(1) of the Water Environment and Water Services (Scotland) Act 2003;
b
“
the WFD Regulations
” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.
Words in Art. 44(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(c)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(c)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(a)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Ch. 3 Section 1 Subsection 3 heading inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(a) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Ch. 3 Section 1 Subsection 3A inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(21) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(f)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 44(5)-(7) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(d) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(g)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(a)(ii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(c)(ii)(cc) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(c)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 44(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(23)(c)(ii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)