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

Subsection 6 U.K. Derogations

Article 53 U.K. Emergency situations in plant protection

1. By way of derogation from Article 28, in special circumstances a [F1 competent authority] may authorise, for a period not exceeding 120 days, the placing on the market of plant protection products, for limited and controlled use [F2 in its constituent territory], where such a measure appears necessary because of a danger which cannot be contained by any other reasonable means.

The [F3 competent authority] concerned shall immediately inform the other [F4 competent authorities] of the measure taken, providing detailed information about the situation and any measures taken to ensure consumer safety.

F5 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F6 Paragraph 1] shall not apply to plant protection products containing or composed of genetically modified organisms unless such release has been accepted in accordance with [F7 section 111(1) of the Environmental Protection Act 1990].

Textual Amendments

F1 Words in Art. 53(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(31)(a)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 53(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(31)(a)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 53(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(31)(a)(ii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 53(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(31)(a)(ii)(bb) (with Sch. 1) (as amended by S.I. 2019/1410, regs. 1(2), 6(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 53(2)(3) 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(31)(b) (with Sch. 1) ; 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 53(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(31)(c)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 53(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(31)(c)(ii) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(k)); 2020 c. 1, Sch. 5 para. 1(1)

Article 54 U.K. Research and development

1. By way of derogation from Article 28, experiments or tests for research or development purposes involving the release into the environment of an unauthorised plant protection product or involving unauthorised use of a plant protection product may be carried out if the [F8 competent authority] in whose [F9 constituent] territory the experiment or test is to be carried out has assessed the available data and granted a permit for trial purposes. The permit may limit the quantities to be used and the areas to be treated and may impose further conditions to prevent any harmful effects on human or animal health or any unacceptable adverse effect on the environment, such as the need to prevent entry into the food chain of feed and food containing residues unless a relevant provision has already been established under Regulation (EC) No 396/2005 [F10 in relation to that constituent territory].

The [F8 competent authority] may authorise a programme of experiments or tests in advance or require a permit for each experiment or test.

2. An application shall be submitted to the [F11 competent authority] in whose [F12 constituent] territory the experiment or test is to be conducted, together with a dossier containing all the available data to permit an assessment of possible effects on human or animal health or the possible impact on the environment.

3. A permit for trial purposes shall not be granted for experiments or tests involving the release into the environment of a genetically modified organism unless such release has been accepted under [F13 section 111(1) of the Environmental Protection Act 1990].

4. Paragraph 2 shall not apply if the [F14 competent authority] has granted the person concerned the right to undertake certain experiments and tests and has determined the conditions under which the experiments and tests have to be undertaken.

F15 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in Art. 54(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 54(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 54(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 54(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 54(2) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 54(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(c) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(k)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 54(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(d) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 54(5) 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(32)(e) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)