1.By way of derogation from Article 28, in special circumstances a [F3competent authority] may authorise, for a period not exceeding 120 days, the placing on the market of plant protection products, for limited and controlled use [F4in its constituent territory], where such a measure appears necessary because of a danger which cannot be contained by any other reasonable means.
The [F5competent authority] concerned shall immediately inform the other [F6competent authorities] of the measure taken, providing detailed information about the situation and any measures taken to ensure consumer safety.
F72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.[F8Paragraph 1] shall not apply to plant protection products containing or composed of genetically modified organisms unless such release has been accepted in accordance with [F9section 111(1) of the Environmental Protection Act 1990].
Textual Amendments
F3Words 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)
F4Words 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)
F5Words 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)
F6Words 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)
F7Art. 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)
F8Words 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)
F9Words 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)
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 [F10competent authority] in whose [F11constituent] 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 [F12in relation to that constituent territory].
The [F10competent 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 [F13competent authority] in whose [F14constituent] 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 [F15section 111(1) of the Environmental Protection Act 1990].
4.Paragraph 2 shall not apply if the [F16competent 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.
F175.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Words 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)
F11Words 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)
F12Words 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)
F13Words 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)
F14Words 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)
F15Words 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)
F16Words 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)
F17Art. 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)
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)