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- Original (As adopted by EU)
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
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1.The authorisation shall define plants or plant products and non-agricultural areas (for example railways, public areas, storage rooms) on which and the purposes for which the plant protection product may be used.
2.The authorisation shall set out the requirements relating to the placing on the market and use of the plant protection product. Those requirements shall as a minimum include the conditions of use necessary to comply with the conditions and requirements provided for in the [F1approval of] the active substances, safeners and synergists [F2in the constituent territory of authorisation].
The authorisation shall include a classification of the plant protection product for the purpose of [F3Regulation (EC) No 1272/2008 of the European Parliament and of the Council]. [F4A competent authority] may provide that authorisation holders shall classify or update the label without undue delay following any change to the classification and labelling of the plant protection product in accordance with [F5Regulation (EC) No 1272/2008 of the European Parliament and of the Council]. In such cases, they shall immediately inform the competent authority thereof.
3.The requirements referred to in paragraph 2 shall also include where applicable:
(a)the maximum dose per hectare in each application;
(b)the period between the last application and harvest;
(c)the maximum number of applications per year.
4.The requirements referred to in paragraph 2 may include the following:
(a)a restriction with respect to the distribution and use of the plant protection product in order to protect the health of the distributors, users, bystanders, residents, consumers or workers concerned or the environment, taking into consideration requirements imposed by other [F6retained EU law]; such restriction shall be indicated on the label;
(b)the obligation before the product is used to inform any neighbours who could be exposed to the spray drift and who have requested to be informed;
(c)indications for proper use according to the principles of Integrated Pest Management referred to in Article 14 of and Annex III to Directive 2009/128/EC;
(d)designation of categories of users, such as professional and non-professional;
(e)the approved label;
(f)the interval between applications;
(g)the period between the last application and consumption of the plant product where applicable;
(h)the re-entry interval;
(i)the packaging size and material.
[F75.For the purposes of paragraph 4(c), Directive 2009/128/EC is to be read as if—
(a)Article 3(10)(b) were omitted;
(b)in Article 14—
(i)obligations on Member States were obligations on the competent authorities;
(ii)paragraph 3 were omitted.]
Textual Amendments
F1Words in Art. 31(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(5)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 31(2) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(5)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 31(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(5)(b)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 31(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(5)(b)(ii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 31(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(5)(b)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 31(4)(a) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(6) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 31(5) inserted by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(7) (with Sch 1) (as substituted by S.I. 2019/1410, regs. 1(2), 6(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
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