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

Article 50 U.K. Comparative assessment of plant protection products containing candidates for substitution

1. A comparative assessment shall be performed by [F1 a competent authority] when evaluating an application for authorisation for a plant protection product containing an active substance approved as a candidate for substitution [F2 in relation to its constituent territory]. [F3 A competent authority] shall not authorise or shall restrict the use of a plant protection product containing a candidate for substitution for use on a particular crop where the comparative assessment weighing up the risks and benefits, as set out in Annex IV, demonstrates that:

(a) for the uses specified in the application an authorised plant protection product, or a non-chemical control or prevention method, already exists which is significantly safer for human or animal health or the environment;

(b) the substitution by plant protection products or non-chemical control or prevention methods referred to in point (a) does not present significant economic or practical disadvantages;

(c) the chemical diversity of the active substances, where relevant, or methods and practices of crop management and pest prevention are adequate to minimise the occurrence of resistance in the target organism; and

(d) the consequences on minor use authorisations are taken into account.

2. By way of derogation from Article 36(2) [F4 a competent authority] may in exceptional cases also apply the provisions of paragraph 1 of this Article when evaluating an application for authorisation of a plant protection product not containing a candidate for substitution or a low-risk active substance, if a non-chemical control or prevention method exists for the same use and it is in general use in [F5 Great Britain].

3. By way of derogation from paragraph 1, a plant protection product containing a candidate for substitution shall be authorised without comparative assessment in cases where it is necessary to acquire experience first through using that product in practice.

Such authorisations shall be granted once for a period not exceeding five years.

4. For plant protection products containing a candidate for substitution [F6 a competent authority] shall perform the comparative assessment provided for in paragraph 1 regularly and at the latest at renewal or amendment of the authorisation.

Based on the results of that comparative assessment, [F7 the competent authority] shall maintain, withdraw or amend the authorisation.

5. Where a [F8 competent authority] decides to withdraw or amend an authorisation pursuant to paragraph 4, that withdrawal or amendment shall take effect 3 years after the decision of the [F8 competent authority] or at the end of the approval period of the candidate for substitution [F9 in relation to its constituent territory] where that period ends earlier.

6. Unless otherwise specified, all provisions relating to authorisations under this Regulation shall apply.

Textual Amendments

F1 Words in Art. 50(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(a)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 50(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(a)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 50(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 50(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(b)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 50(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(b)(ii) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 50(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(c)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 50(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(c)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 50(5) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(d)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 50(5) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(28)(d)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)