The Plant Protection Products (Fees and Charges) Regulations 2011

Title and commencement U.K.

1.—(1) These Regulations may be cited as the Plant Protection Products (Fees and Charges) Regulations 2011 and, subject to paragraph (2), come into force on 24th September 2011.

(2) Regulations 3(2) and 6 come into force on 26^th November 2011.

Interpretation U.K.

2.—(1) In these Regulations—

“authorisation holder” means the holder of a valid authorisation or permit for a plant protection product—

(a)

issued in accordance with Regulation 1107/2009, or

(b)

deemed to be issued in accordance with that Regulation,

unless there is a nominated sales representative for that plant protection product, in which case it means that person;

[F1 “Great Britain competent authorities” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;]

F2 ...

“import tolerance” has [F3 , in relation to Great Britain,] the same meaning as in the MRL Regulation;

“liability period” means the period between 1 April in any year and 31 March in the following year;

[F4 “MRL compliance” means, in relation to products placed on the market in Great Britain, compliance with the requirements of Article 18 of the MRL Regulation;]

[F5 “the MRL Regulation” means—

(a)

in relation to Great Britain, Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC;

(b)

in relation to Northern Ireland, Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC as it has effect in EU law]

[F6 “MRL supplementary information requirement” means information requested by a Great Britain competent authority in accordance with Article 14(3) of the MRL Regulation;]

“nominated sales representative” means any person who has agreed in writing with the holder of a valid authorisation or permit for a plant protection product, issued in accordance with Regulation 1107/2009 or deemed to be issued in accordance with that Regulation, to be a sales representative for the authorised or permitted plant protection product and to pay the charge under these Regulations;

[F7 “Northern Ireland competent authority” means the Department of Agriculture, Environment and Rural Affairs;]

[F8 “Regulation 1107/2009” means—

(a)

in relation to Great Britain, 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, as last amended by Regulation (EU) 2019/1009 of the European Parliament and of the Council;

(b)

in relation to Northern Ireland, 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, as last amended by Regulation (EU) 2019/1009 of the European Parliament and of the Council as it has effect in EU law;]

[F9 “standalone MRL application” means an application to a Great Britain competent authority which is only for the setting, modification or deletion of a maximum residue level of an active substance;]

[F10 “United Kingdom competent authorities” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.]

(2) Expressions used in both these Regulations and Regulation 1107/2009, other than “authorisation holder”, have the same meaning in these Regulations as they have in Regulation 1107/2009.

Textual Amendments

F1 Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 8(2A) (as inserted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(2))

F2 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 1 para. 8(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 8(2B) (as inserted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(2))

F4 Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 8(3) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(3)

F5 Words in reg. 2(1) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 8(3A) (as inserted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(4))

F6 Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/720, reg. 1(2), Sch. 1 para. 8(4) (as amended by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(5)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 8(4A) (as inserted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(6))

F8 Words in reg. 2(1) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 8(4B) (as inserted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(6))

F9 Words in reg. 2(1) inserted (31.12.2020) by S.I. 2019/720, reg. 1(2), Sch. 1 para. 8(5) (as amended by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 5(7)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 2(1) substituted (1.3.2019) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(3), 7(2) (with reg. 8)

[F11 Functions in Article 74(1) of Regulation 1107/2009: Northern Ireland] U.K.

3.—(1) The functions F12 ... referred to in Article 74(1) of Regulation 1107/2009 are to be performed by the [F13 Northern Ireland competent authority].

F14 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Reg. 3 heading substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 9(a) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 6)

F12 Words in reg. 3(1) omitted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 9(b)(i) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 6)

F13 Words in reg. 3(1) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 9(b)(ii) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 6)

F14 Reg. 3(2) omitted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 9(c) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 6)

Fees U.K.

4.—(1) A United Kingdom competent authority may charge fees for work carried out within the scope of Regulation 1107/2009 which relates to evaluating applications made to it for the—

(a) authorisation of plant protection products;

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) official recognition of a test facility or organisation,

and such fees are payable in accordance with [F16 paragraphs 1 and 3 respectively of] Schedule 1.

[F17 (1A) A Great Britain competent authority may charge fees for work carried out within the scope of Regulation 1107/2009 which relates to evaluating applications made to it for the approval of active substances, safeners, synergists or basic substances, and such fees are payable in accordance with paragraph 2 of Schedule 1.

(1B) The Northern Ireland competent authority may charge fees for work carried out within the scope of Regulation 1107/2009 which relates to evaluating parallel trade applications made to it and such fees are payable in accordance with paragraph 1A of Schedule 1.]

(2) A [F18 Great Britain] competent authority may charge fees for applications for import tolerances [F19 and standalone MRL applications] under Article 7 of the MRL Regulation and such fees are payable in accordance with Schedule 2.

[F20 (2A) A Great Britain competent authority may charge fees for the evaluation of supplementary information provided in accordance with Article 14(3) of the MRL Regulation and such fees are payable in accordance with Schedule 3.]

(3) The fees in these Regulations apply in relation to any activity carried out after they come into force, provided no invoice has been issued under the Plant Protection Product (Fees) Regulations 2007(1) or the Plant Protection Products (Fees) Regulations (Northern Ireland) 2004(2) in relation to that work.

(4) Fees are payable by the applicant, on invoice, to [F21 the relevant] competent authority.

(5) [F22 The relevant] competent authority is under no obligation to process or to issue a decision in respect of an outstanding application if there are outstanding fees in relation to it.

(6) In paragraph (5), “outstanding application” means any application for which a fee has been charged under the Plant Protection Products (Fees) Regulations 2007, the Plant Protection Products (Fees) Regulations (Northern Ireland) 2004 or under these Regulations.

(7) Any unpaid fee may be recovered by [F23 the relevant] competent authority as a civil debt.

Textual Amendments

F15 Reg. 4(1)(b) omitted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 10(a)(i) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F16 Words in reg. 4(1) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 10(a)(ii) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F17 Reg. 4(1A)(1B) inserted by S.I. 2019/720, Sch. 1 para. 10(b) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F18 Words in reg. 4(2) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 10(c)(i) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F19 Words in reg. 4(2) inserted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 10(c)(ii) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F20 Reg. 4(2A) inserted by S.I. 2019/720, Sch. 1 para. 10(d) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F21 Words in reg. 4(4) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 10(e) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F22 Words in reg. 4(5) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 10(f) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

F23 Words in reg. 4(7) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 10(g) (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 7)

Charge in relation to Regulation 1107/2009 and the MRL Regulation U.K.

5.  A United Kingdom competent authority may make an annual charge in respect of any costs incurred by it, or on its behalf—

(a) associated with any work carried out within the scope of Regulation 1107/2009; or

(b) arising from obligations under the MRL Regulation,

other than for collecting and processing information, or monitoring the effect of the use of plant protection products, for which a charge has been made under section 18(2)(b) or (c) of the Food and Environment Protection Act 1985(3).

[F24 Charge for work under the Plant Protection Products (Sustainable Use) Regulations 2012] U.K.

6.  A United Kingdom competent authority may make an annual charge in respect of any costs incurred by it, or on its behalf, in relation to carrying out work pursuant to obligations [F25 under the Plant Protection Products (Sustainable Use) Regulations 2012 ].

Textual Amendments

F24 Reg. 6 heading substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 1 para. 11(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in reg. 6 substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 1 para. 11(b); 2020 c. 1, Sch. 5 para. 1(1)

Liability to pay the charge U.K.

7.—(1) In respect of a given liability period a charge shall be payable by an authorisation holder, on invoice, to a United Kingdom competent authority.

(2) A United Kingdom competent authority shall not charge for any costs under paragraph (1) in respect of which a fee is payable [F26 under regulations 4(1), 4(1A) or 4(1B)] and Schedule 1, F27 ... regulation 4(2) and Schedule 2 [F28 or regulation 4(2A) and Schedule 3].

(3) A United Kingdom competent authority may exclude an authorisation holder from the requirement to pay a charge where that authority decides it would be uneconomical to collect that charge.

(4) Where an authorisation holder becomes liable to pay a charge in accordance with paragraph (1) at any time during the liability period, that person will be liable to pay a charge for the whole of that liability period.

(5) If an authorisation holder fails to pay the charge in full, the United Kingdom competent authority may suspend any or all of the authorisations or permits for plant protection products held by the authorisation holder or for which the authorisation holder is the nominated sales representative.

(6) Any unpaid charge may be recovered by a United Kingdom competent authority as a civil debt.

Textual Amendments

F26 Words in reg. 7(2) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 12(aa) (as inserted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 8)

F27 Word in reg. 7(2) omitted (31.12.2020) by virtue of The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 1 para. 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in reg. 7(2) inserted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 1 para. 12(b); 2020 c. 1, Sch. 5 para. 1(1)

Calculation of charge U.K.

8.—(1) The United Kingdom competent authorities must calculate the amounts which authorisation holders are liable to pay under regulations 5 and 6 in accordance with the following paragraphs.

(2) Where an authorisation holder is liable to pay a charge in respect of more than one plant protection product, the authorisation holder shall be treated as one authorisation holder for the purposes of calculating the charge and collecting payments.

(3)  The United Kingdom competent authorities will calculate the charge payable by an authorisation holder by applying a percentage to the authorisation holder’s annual turnover. [F29 Except where paragraphs (3A) to (3C) apply, the] percentage must be calculated by applying the following formula—

A/B x 100% = the percentage

where—

A

=

the total costs incurred in the liability period, and

B

=

the total annual turnover.

[F30 (3A) For a charge payable to the Welsh Ministers as United Kingdom competent authority in respect of the liability period ending 31st March 2019, the percentage referred to in sub-paragraph (3) must be calculated by applying the following formula—

where A and B have the meanings given in sub-paragraph (3).]

[F30 (3B) Sub-paragraph (3C) applies where, for the liability period ending 31st March 2019, an authorisation holder is liable to pay a charge to both the Secretary of State and the Welsh Ministers as United Kingdom competent authorities in relation to Wales.]

[F30 (3C) Where this sub-paragraph applies—

(a) for the charge payable to the Welsh Ministers, the percentage referred to in sub-paragraph (3) must be calculated by applying the formula set out in sub-paragraph (3A);

(b) for the charge payable to the Secretary of State, the percentage referred to in sub-paragraph (3) must be calculated by applying the following formula—

where A and B have the meanings given in sub-paragraph (3).]

(4) An authorisation holder must provide a United Kingdom competent authority with evidence of its annual turnover for a given liability period on request.

(5) If insufficient evidence of annual turnover is submitted or if no evidence is submitted by an authorisation holder, the annual turnover will be such figure as the United Kingdom competent authorities consider reasonable.

(6) In this regulation—

[F31 “total costs incurred” means the costs referred to in regulations 5 and 6, excluding any costs in respect of which a fee is payable under—

(a)

regulations 4(1), 4(1A) or 4(1B) and Schedule 1,

(b)

regulation 4(2) and Schedule 2, or

(c)

regulation 4(2A) and Schedule 3;]

“total annual turnover” means the annual turnover of all authorisation holders;

“annual turnover” means the amounts derived from sales in the financial year ending between 1^st October and 30^th September the following year, the latter date being in the calendar year in which the liability period starts by—

(a)

the holder of a valid authorisation or permit for a plant protection product issued in accordance with Regulation 1107/2009 or of a valid authorisation or permit for a plant protection product deemed to be issued in accordance with that Regulation, and

(b)

any nominated sales representative for the authorised or permitted plant protection product;

“amounts derived from sales” includes the costs of packaging, containers and labelling and excludes value added tax and returned products;

“sales” means the sales of authorised or permitted plant protection products in the United Kingdom.

Textual Amendments

F29 Words in reg. 8(3) substituted (1.3.2019) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(3), 7(3)(a)

F30 Reg. 8(3A)-(3C) inserted (1.3.2019) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), regs. 1(3), 7(3)(b)

F31 Words in reg. 8(6) substituted (31.12.2020) by S.I. 2019/720, Sch. 1 para. 13 (as substituted by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1567), reg. 1(2), Sch. 1 para. 9)

Revocation U.K.

9.  The following regulations are revoked—

(a) The Fees for Assessment of Active Substances (Third Stage Review) Regulations 2005(4);

(b) The Fees for Assessment of Active Substances (Fourth Stage Review) Regulations 2005(5); and

(c) The Plant Protection Products (Fees) Regulations 2007.

Signed by the authority of the Secretary of State for Environment, Food and Rural Affairs.

Henley

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

We consent

James Duddridge

Angela Watkinson

Two of the Lords Commissioners of Her Majesty’s Treasury