The Plant Protection Products (Fees) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe fees to be paid to the Ministry of Agriculture, Fisheries and Food in connection with services provided and approvals granted by the Ministry in pursuance of the Community obligations of the United Kingdom (as regards Great Britain) under Council Directive 91/414/EEC (OJ No. L230, 19.8.91, p.1 to be read with corrigenda published in OJ No. L170, 25.6.92, p.40) concerning the placing of plant protection products on the market (“the Directive”), as amended by Commission Directive 93/71/EEC (OJ No. L221, 31.8.93, p.27), Commission Directive 94/37/EEC (OJ No. L194, 29.7.94, p.65), and Commission Directive 94/79/EC (OJ No. L354, 31.12.94, p.16), and Council Directive 94/43/EEC (OJ No. L227, 1.9.94, p.31), and supplement the Plant Protection Products Regulations 1995 (S.I. 1995/887) (“the principal Regulations”), which implement the Directive in Great Britain (regulation 3 of these Regulations).

The principal services and approvals in connection with which fees are prescribed in these Regulations are—

(a) the preliminary examination and evaluation of an application made through the Ministry to the Commission of the European Communities under regulation 4(1) of the principal Regulations for the listing of an active substance in Annex I to the Directive, such listing being necessary to secure standard approval of any plant protection product containing that active substance under regulation 5 of the principal Regulations (items 1, 2 and 4 of the Schedule to these Regulations);

(b) the preliminary examination and evaluation of an application under regulation 7 of the principal Regulations for the issue by the Ministry of a provisional approval of a plant protection product containing an active substance not yet listed in Annex I to the Directive (items 1, 2 and 4 of the Schedule to these Regulations);

(c) the preliminary examination and evaluation of an application under regulation 5 of the principal Regulations for the issue by the Ministry of a standard approval of a plant protection product containing an active substance listed in Annex I to the Directive, and of an application under regulation 5(2) or (3) of the principal Regulations for the issue by the Ministry of a renewal of such a standard approval (items 3 and 12 of the Schedule to these Regulations);

(d) the preliminary examination and evaluation of an application under regulation 8 of the principal Regulations for the issue by the Ministry of an emergency approval of a plant protection product (item 8 of the Schedule to these Regulations);

(e) the preliminary examination and evaluation of an application under regulation 9 of the principal Regulations for the issue by the Ministry of an approval of a plant protection product for trial purposes (item 9 of the Schedule to these Regulations);

(f) the preliminary examination and evaluation of an application under regulation 10 of the principal Regulations for the extension by the Ministry of the use of a plant protection product already approved under regulation 5 of the principal Regulations (item 10 of the Schedule to these Regulations);

(g) the preliminary examination and evaluation of an application under regulation 11 of the principal Regulations for the issue by the Ministry of an approval of a plant protection product already approved in another EEA State (item 11 of the Schedule to these Regulations); and

(h) the preliminary examination and evaluation of an application under regulation 13(7) of the principal Regulations for the modification by the Ministry of any approval of a plant protection product granted under the principal Regulations or of an extension of use granted under regulation 10 of those Regulations (item 13 of the Schedule to these Regulations).

The fees are set out in the Schedule to these Regulations, which must be read with the Notes thereto (regulation 3(3)). Provision is made for the payment of a smaller fee, at the Ministry’s discretion (regulation 3(2)). The time at which the prescribed fees must be paid is governed by regulation 4.

A compliance cost assessment has been prepared in respect of both these Regulations and the principal Regulations. Copies of this assessment can be obtained from the Pesticides Safety Directorate of the Ministry of Agriculture, Fisheries and Food, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 2PX. A copy has been placed in the library of each House of Parliament.