Article 61U.K.General rules on avoidance of duplicative testing
1.In order to avoid duplicative testing, any persons intending to seek an authorisation for a plant protection product shall, before carrying out tests or studies, consult the information referred to in Article 57 to ascertain if and to whom an authorisation has already been granted for a plant protection product containing the same active substance, safener or synergist F1... . [F2A competent authority] shall on request from the prospective applicant provide him with the list of test and study reports prepared in accordance with Article 60 for that product.
The prospective applicant shall submit all data regarding the identity and impurities of the active substance he proposes to use. The enquiry shall be supported by evidence that the prospective applicant intends to apply for an authorisation.
2.[F3A competent authority], where satisfied that the prospective applicant intends to apply for an authorisation, or the renewal or review thereof, shall provide him with the name and address of the holder or holders of previous relevant authorisations and shall at the same time inform the holders of the authorisations of the name and address of the applicant.
3.The prospective applicant for the authorisation, or the renewal or review thereof, and the holder or holders of relevant authorisations shall take all reasonable steps to reach agreement on the sharing of any test and study reports protected under Article 59, in a fair, transparent and non-discriminatory way.
Textual Amendments
F1Words in Art. 61(1) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 7(4)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 61(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 7(4)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 61(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 7(4)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)