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SCHEDULE 4TRANSITIONAL PROVISIONS

Effect of a decision to include active substances in Annex I on relevant plant protection products which are approved pesticides

7.—(1) Where, in relation to any relevant plant protection product which is an approved pesticide, it has been decided under Article 6 that its relevant active substances should be included in Annex I, the Department shall notify the pesticide approval holder of that fact and the pesticide approval holder shall, within such period as the Department shall notify to the pesticide approval holder, provide information to the Department to show:

(a)that the relevant active substances contained in the plant protection product comply with the conditions for Annex I inclusion; and

(b)that he has access to a dossier satisfying the requirements of Annex II.

(2) After having submitted to the Department the information required under paragraph (1), the pesticide approval holder may continue to place on the market and use the relevant plant protection product until such time as the Department notifies him of its decision that it is or is not satisfied that the information provided shows that the relevant active substances comply with the conditions of Annex I inclusion and that the approval holder has access to a dossier satisfying the requirements of Annex II.

(3) Where the pesticide approval holder fails to provide adequate information to enable the Department to reach a decision, the Department shall notify him of that failure and the pesticide approval holder shall, within such reasonable period as may be specified in the notification, submit further information to the Department to enable it to reach a decision.

(4) Where the Department decides that the information provided under paragraph (1) fails to show that the relevant active substances comply with the conditions for Annex I inclusion or that the approval holder has access to a dossier satisfying the requirements of Annex II it shall take the action described in paragraph 9(1).