Article 28U.K.Authorisation for placing on the market and use
1.A plant protection product shall not be placed on the market or used [F1in a constituent territory] unless it has been authorised [F2by the relevant competent authority] in accordance with this Regulation.
2.By way of derogation from paragraph 1, no authorisation shall be required in the following cases:
(a)use of products containing exclusively one or more basic substances;
(b)placing on the market and use of plant protection products for research or development purposes in accordance with Article 54;
(c)production, storage or movement of a plant protection product intended for use in [F3the constituent territory of another competent authority], provided that the product is authorised [F4by that other competent authority for that constituent territory];
(d)production, storage or movement of a plant protection product intended for use [F5outside Great Britain] provided that [F6there are inspection requirements in place] to ensure that the plant protection product is exported from [F7the United Kingdom or, where the product is intended for use in Northern Ireland, is transported to Northern Ireland];
(e)placing on the market and use of plant protection products for which a parallel trade permit [F8is in force] in accordance with [F9Article 52A and, for these purposes, a plant protection product subject to a grace period granted in accordance with Article 46 (as applied by Article 52A) is to be treated as though it were a product for which a parallel trade permit is in force].
Textual Amendments
F1Words in Art. 28(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 28(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 28(2)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 28(2)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(aa) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(cc) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 28(2)(e) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(iii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 28(2)(e) substituted (31.12.2023) by The Plant Protection Products (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1321), regs. 1(2), 4(2) (with reg. 5)