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1.The authorisation holder, official or scientific bodies involved in agricultural activities, professional agricultural organisations or professional users may ask for the authorisation of a plant protection product already authorised [F3by a competent authority] to be extended to minor uses not yet covered by that authorisation.
2.[F4The competent authority] shall extend the authorisation provided that:
(a)the intended use is minor in nature;
(b)the conditions referred to in points (b), (d) and (e) of Article 4(3) and Article 29(1)(i) are satisfied;
(c)the extension is in the public interest; and
(d)the documentation and information to support the extension of use has been submitted by the persons or bodies referred to in paragraph 1, especially data on the magnitude of residues and where necessary on the risk assessment to the operator, worker and bystander.
3.[F5A competent authority] may take measures to facilitate or encourage the submission of applications to extend the authorisation of already authorised plant protection products to minor uses.
4.The extension may take the form of an amendment to the existing authorisation or may be a separate authorisation F6...
5.When [F7the competent authority grants] an extension of authorisation for a minor use, [F8the competent authority] shall inform if necessary the authorisation holder and request him to change the labelling accordingly.
Where the authorisation holder declines, the [F9competent authority] shall ensure that users are fully and specifically informed as to instructions for use, by means of an official publication or an official website.
The official publication or where applicable the label shall include a reference to the liability of the person using the plant protection product with respect to failures concerning the efficacy or to phytotoxicity of the product for which the minor use was granted. The minor use extension shall be separately identified in the label.
6.Extensions on the basis of this Article shall be separately identified and separate reference shall be made to liability restrictions.
7.The applicants referred to in paragraph 1 may also apply for authorisation of a plant protection product for minor uses in accordance with [F10Article 42A, except where one or more of the conditions in Article 42A(4) are met]. [F11The competent authority which receives such an application] shall authorise such uses in accordance with the provisions of [F12Article 42B] provided that those uses are also considered minor [F13by that competent authority].
8.[F14Each competent authority] shall establish and regularly update a list of minor uses.
9.By 14 December 2011, the Commission shall present a report to the European Parliament and the Council on the establishment of a European fund for minor uses, accompanied, if appropriate, by a legislative proposal.
10.Unless otherwise specified, all provisions relating to authorisations under this Regulation shall apply.
Textual Amendments
F3Words in Art. 51(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(a) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 51(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 51(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(c) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 51(4) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(d) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 51(5) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(e)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 51(5) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(e)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 51(5) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(e)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 51(7) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(f)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 51(7) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(f)(ii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 51(7) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(f)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 51(7) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(f)(ii)(cc) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 51(8) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(29)(g) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Words in Ch. 3 Section 1 Subsection 3 heading inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(a) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Ch. 3 Section 1 Subsection 3A inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(21) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(f)); 2020 c. 1, Sch. 5 para. 1(1)