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The Plant Protection Products Regulations 2003

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This is the original version (as it was originally made).

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 Secretary of State shall notify the pesticide approval holder of that fact and the pesticide approval holder shall, within such period as the Secretary of State may determine and notify to the pesticide approval holder, provide information to the Secretary of State to show:

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

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

(2) After having submitted to the Secretary of State the information required under paragraph (1) above, the pesticide approval holder may continue to place on the market and use the relevant plant protection product until such time as the Secretary of State notifies him of her decision that she 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 Secretary of State to reach a decision, the Secretary of State 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 Secretary of State to enable her to reach a decision.

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

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