CHAPTER XVIIFINAL PROVISIONS
F1Article 95DTransitional measure for national authorisation applications
(1.
This Article applies where—
(a)
an application was made before IP completion day to the United Kingdom competent authority under Articles 29 or 31 of Regulation (EU) No 528/2012, and
(b)
a decision was not made before IP completion day.
(2.
The application is to be treated as having been made under this Regulation and the time limits under Articles 29, 30 and 31 as appropriate apply from—
(a)
the date on which the applicant resubmits the application and any supporting data to the competent authority, or
(b)
where the applicant relies on a letter of access, whichever is the later of the following—
(i)
the applicant resubmits the application, or
(ii)
the data owner resubmits the data.
(3.
Where the applicant or authorisation holder does not meet the requirements of this Article, the application must be rejected by the competent authority and Article 89(11) applies as if the application had been submitted in accordance with Article 89(9).
(4.
Anything done before IP completion day by the United Kingdom competent authority as the receiving competent authority is taken as having been done by the competent authority under this Regulation.
(5.
The resubmission of any application and data referred to in paragraph 2 must be completed in accordance with Article 71 of this Regulation and within 90 days of IP completion day.