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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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)