Regulation (EC) No 1107/2009 of the European Parliament and of the CouncilShow full title

[F1 Article 35 U.K. Competent authority examining the application

1. For the purposes of this Subsection “the competent authority examining the application” is the competent authority which receives the application under Article 33.

2. But a competent authority may examine an application on behalf of one or more of the other competent authorities (and consequently for the purposes of this Subsection is “the competent authority examining the application”) where—

(a) each competent authority receives the same application;

(b) each competent authority agrees which competent authority is to examine the application;

(c) each active substance, safener or synergist in the plant protection product to which the application relates—

(i) is approved in relation to the constituent territory of each competent authority, and the conditions of each approval are compatible with the proposed authorisation, and

(ii) has an equivalent technical specification in relation to each constituent territory, where necessary as determined in accordance with Article 38;

(d) any co-formulant in the plant protection product to which the application relates is not included on the unacceptable co-formulants register in relation to the constituent territory of each competent authority; and

(e) any data requirements specified in regulations made under Article 8(4)(a) and (b), any uniform principles for evaluation and authorisation of plant protection products prescribed in regulations made under Article 29(6)(a) and any guidance relating to those requirements or principles are the same in relation to the constituent territory of each competent authority.

3. Where paragraph 2 applies in relation to an application—

(a) the competent authority examining the application must inform the applicant that it is to examine the application;

(b) the other competent authorities must —

(i) not proceed to determine the application pending assessment by the competent authority examining the application;

(ii) at the request of the competent authority examining the application, cooperate to ensure a fair division of the workload.]

Textual Amendments

F1 Art. 35 substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(11) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)