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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 for the Regulation (EC) No 1107/2009 of the European Parliament and of the Council, Article 34.
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1.Applicants shall be exempted from supplying the test and study reports referred to in Article 33(3) where the [F1competent authority examining the application] has the test and study reports concerned and the applicants demonstrate that they have been granted access in accordance with Article 59, 61 or 62 or that any data protection period has expired [F2, or where paragraph 3 applies].
2.However, applicants to whom paragraph 1 applies shall provide the following information:
(a)all necessary data for the identification of the plant protection product including its complete composition as well as a declaration that [F3, in respect of each constituent territory to which the application relates,] no unacceptable co-formulants are used;
(b)the information needed to identify the active substance, safener or synergist, where they have been approved [F4in respect of each constituent territory to which the application relates], and to establish whether the conditions for approval are met and comply with point (b) of Article 29(1), where appropriate;
(c)on the request of the [F5competent authority examining the application], the data needed to demonstrate that the plant protection product has comparable effects to the plant protection product for which they show access to the protected data.
[F63.This paragraph applies where another competent authority has the test and study reports concerned.
4.Where paragraph 3 applies—
(a)the competent authority examining the application must request those reports from the competent authority which has those reports, and
(b)the competent authority which has those reports must send them to the competent authority examining the application as soon as reasonably practicable.]
Textual Amendments
F1Words in Art. 34(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(10)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 34(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(10)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 34(2)(a) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(10)(b)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 34(2)(b) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(10)(b)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 34(2)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(10)(b)(iii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 34(3)(4) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(10)(c) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
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