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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There are currently no known outstanding effects by UK legislation for Regulation (EC) No 1107/2009 of the European Parliament and of the Council, Article 50.
1.A comparative assessment shall be performed by [F1a competent authority] when evaluating an application for authorisation for a plant protection product containing an active substance approved as a candidate for substitution [F2in relation to its constituent territory]. [F3A competent authority] shall not authorise or shall restrict the use of a plant protection product containing a candidate for substitution for use on a particular crop where the comparative assessment weighing up the risks and benefits, as set out in Annex IV, demonstrates that:
(a)for the uses specified in the application an authorised plant protection product, or a non-chemical control or prevention method, already exists which is significantly safer for human or animal health or the environment;
(b)the substitution by plant protection products or non-chemical control or prevention methods referred to in point (a) does not present significant economic or practical disadvantages;
(c)the chemical diversity of the active substances, where relevant, or methods and practices of crop management and pest prevention are adequate to minimise the occurrence of resistance in the target organism; and
(d)the consequences on minor use authorisations are taken into account.
2.By way of derogation from Article 36(2) [F4a competent authority] may in exceptional cases also apply the provisions of paragraph 1 of this Article when evaluating an application for authorisation of a plant protection product not containing a candidate for substitution or a low-risk active substance, if a non-chemical control or prevention method exists for the same use and it is in general use in [F5Great Britain].
3.By way of derogation from paragraph 1, a plant protection product containing a candidate for substitution shall be authorised without comparative assessment in cases where it is necessary to acquire experience first through using that product in practice.
Such authorisations shall be granted once for a period not exceeding five years.
4.For plant protection products containing a candidate for substitution [F6a competent authority] shall perform the comparative assessment provided for in paragraph 1 regularly and at the latest at renewal or amendment of the authorisation.
Based on the results of that comparative assessment, [F7the competent authority] shall maintain, withdraw or amend the authorisation.
5.Where a [F8competent authority] decides to withdraw or amend an authorisation pursuant to paragraph 4, that withdrawal or amendment shall take effect 3 years after the decision of the [F8competent authority] or at the end of the approval period of the candidate for substitution [F9in relation to its constituent territory] where that period ends earlier.
6.Unless otherwise specified, all provisions relating to authorisations under this Regulation shall apply.
Textual Amendments
F1Words in Art. 50(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(a)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 50(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(a)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 50(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 50(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(b)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 50(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(b)(ii) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 50(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(c)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 50(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(c)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 50(5) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(d)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 50(5) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(d)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
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