- Latest available (Revised)
- Original (As adopted by EU)
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
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Revised version PDFs
- Revised 14/12/20190.69 MB
- Revised 15/07/20190.69 MB
- Revised 10/11/20180.60 MB
- Revised 28/08/20170.56 MB
- Revised 30/06/20140.54 MB
- Revised 01/07/20130.55 MB
Legislation originating from the EU
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
This item of legislation originated from the EU
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
Changes over time for: Article 36
Changes to legislation:
There are currently no known outstanding effects by UK legislation for Regulation (EC) No 1107/2009 of the European Parliament and of the Council, Article 36.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Article 36U.K.Examination for authorisation
1.The [F1competent authority] examining the application shall make an independent, objective and transparent assessment in the light of current scientific and technical knowledge using guidance documents available at the time of application. [F2Where Article 35(2) applies in relation to an application, the competent authority examining the application must give the other competent authorities] the opportunity to submit comments to be considered in the assessment.
It shall apply the uniform principles for evaluation and authorisation of plant protection products, referred to in [F3Article 29(6)(a)], to establish, as far as possible, whether the plant protection product meets the requirements provided for in Article 29 F4... , where used in accordance with Article 55, and under realistic conditions of use.
[F5Where Article 35(2) applies in relation to an application, the competent authority examining the application must make available its assessment to the other competent authorities.]
2.[F6Where Article 35(2) applies in relation to an application, the competent authorities which received that application] shall grant or refuse authorisations accordingly on the basis of the conclusions of the assessment of the [F7competent authority] examining the application as provided for in Articles 31 and 32.
3.By way of derogation from paragraph 2 and subject to [F8retained EU] law, appropriate conditions may be imposed with respect to the requirements referred to in Article 31(3) and (4) and other risk mitigation measures deriving from specific conditions of use.
Where the concerns of a [F9competent authority] relating to human or animal health or the environment cannot be controlled by the establishment of the F10... risk mitigation measures referred to in the first subparagraph, [F11that competent authority] may refuse authorisation of the plant protection product in its [F12constituent] territory if, due to its specific environmental or agricultural circumstances, it has substantiated reasons to consider that the product in question still poses an unacceptable risk to human or animal health or the environment.
That [F13competent authority] shall immediately inform the applicant and the [F14other competent authorities] of its decision and provide a technical or scientific justification therefor.
F15...
Textual Amendments
F1Words in Art. 36(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(a)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 36(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(a)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 36(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(a)(ii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 36(1) 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(12)(a)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 36(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(a)(iii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 36(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(b)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 36(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(b)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 36(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(c)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 36(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(c)(ii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F10Word in Art. 36(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(12)(c)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 36(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(c)(ii)(cc) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F12Word in Art. 36(3) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(c)(ii)(dd) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 36(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(c)(iii)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 36(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(12)(c)(iii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 36(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(12)(c)(iv) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)
Options/Help
Print Options
PrintThe Whole Regulation
PrintThe Whole Chapter
PrintThe Whole Section
PrintThe Whole Sub-section
PrintThis Article only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the EU Official Journal
- lists of changes made by and/or affecting this legislation item
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as adopted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.