The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019

Chapter 9 U.K.

11.—(1) Chapter 9 is amended as follows.

(2) For Article 69 substitute—

“Article 69 U.K. Emergency measures

1.   Where a competent authority is satisfied that the conditions in paragraph 2 are met, the competent authority may—

(a) in the case of an active substance, safener or synergist approved in relation to its constituent territory—

(i) amend the conditions of approval, or

(ii) suspend approval;

(b) in the case of a co-formulant, add that co-formulant to the unacceptable co-formulants register in relation to its constituent territory;

(c) in the case of a plant protection product authorised in its constituent territory—

(i) amend the authorisation for that product;

(ii) suspend the authorisation for that product.

2.   The conditions referred to in paragraph 1 are—

(a) the approved active substance, safener, synergist, co-formulant or plant protection product is likely to constitute a serious risk to human or animal health or the environment, and

(b) that risk cannot be contained satisfactorily by means of other measures taken by the competent authority.

3.   In performing a function under paragraph 1, the competent authority may obtain independent scientific advice, where the competent authority considers it appropriate to do so.

4.   As soon as reasonably practicable after acting in accordance with paragraph 1(a), (b) or (c), the competent authority must—

(a) update the approvals register or unacceptable co-formulants register accordingly;

(b) in relation to an amendment or suspension under paragraph 1(a), begin a review of the active substance, safener or synergist in accordance with Article 21 or that Article as applied by Article 25A(4);

(c) in relation to a register addition under paragraph 1(b), begin a review of the co-formulant under Article 27(3);

(d) in relation to an amendment or suspension under paragraph 1(c), begin a review of the plant protection product authorisation under Article 44.

5.   An amendment or suspension under paragraph 1(a) expires upon the completion of the review described in paragraph 4(b).

6.   A register addition under paragraph 1(b) expires upon the completion of the review described in paragraph 4(c).

7.   An amendment or suspension under paragraph 1(c) expires upon the completion of the review described in paragraph 4(d).

8.   Following the expiry of an amendment or suspension under paragraph 1(a), or a register addition under paragraph 1(b), the competent authority must update the approvals register or unacceptable co-formulants register accordingly.

9.   The Secretary of State may perform a function under paragraph 1 instead of a competent authority—

(a) in relation to Wales, with the consent of the Welsh Ministers;

(b) in relation to Scotland, with the consent of the Scottish Ministers;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.   Where the Secretary of State performs a function in accordance with paragraph 9, a reference to the competent authority in paragraphs 3 [F2 , 4] and 8 is to be read as a reference to the Secretary of State.”.

(3) Omit Articles 70 and 71.

Textual Amendments

F1 Words in reg. 11(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(9)

F2 Word in reg. 11(2) inserted (31.1.2020 mmediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1410), regs. 1(2), 6(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 11 in force at 31.12.2021 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)