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

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

Subsection 6U.K.Derogations

Article 53U.K.Emergency situations in plant protection

1.By way of derogation from Article 28, in special circumstances a [F1competent authority] may authorise, for a period not exceeding 120 days, the placing on the market of plant protection products, for limited and controlled use [F2in its constituent territory], where such a measure appears necessary because of a danger which cannot be contained by any other reasonable means.

The [F3competent authority] concerned shall immediately inform the other [F4competent authorities] of the measure taken, providing detailed information about the situation and any measures taken to ensure consumer safety.

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4.[F6Paragraph 1] shall not apply to plant protection products containing or composed of genetically modified organisms unless such release has been accepted in accordance with [F7section 111(1) of the Environmental Protection Act 1990].

Textual Amendments

Article 54U.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 [F8competent authority] in whose [F9constituent] 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 [F10in relation to that constituent territory].

The [F8competent 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 [F11competent authority] in whose [F12constituent] 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 [F13section 111(1) of the Environmental Protection Act 1990].

4.Paragraph 2 shall not apply if the [F14competent 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.

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Textual Amendments