Regulation (EC) No 1107/2009 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC

Article 44U.K.Withdrawal or amendment of an authorisation

1.[F1A 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 [F2competent authority] shall review an authorisation where it concludes that the [F3environmental objectives of a river basin district] may not be achieved.

2.Where a [F4competent 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 [F5competent 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 [F6competent authority] withdraws or amends an authorisation in accordance with paragraph 3, it shall immediately inform the holder of the authorisation [F7and the other competent authorities]. The other [F8competent authorities may] withdraw or amend the authorisation accordingly taking into account [F9conditions in its constituent territory] and risk mitigation measures except for cases where the second [F10or third] subparagraphs of Article 36(3) have been applied. Article 46 shall apply where appropriate.

[F115.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.]

Textual Amendments