The Plant Protection Products (Fees and Charges) Regulations 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)