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

Ongoing active substance renewal applications

7.—(1) This paragraph applies in relation to an application for renewal of the approval of an active substance where—

(a) before exit day, that application was submitted to the United Kingdom as rapporteur Member State or co-rapporteur Member State in accordance with Article 1 of Regulation (EU) No 844/2012 as it had effect immediately before exit day, and

(b) immediately before exit day a Regulation adopted under Article 20(1) of Regulation (EC) No 1107/2009 as it had effect immediately before exit day in relation to that application has not entered into force.

(2) An application in relation to which this paragraph applies is taken as being made under Article 1 of Regulation (EU) No 844/2012 on the date on which it was made, and the relevant competent authority is the assessing competent authority for that application.

(3) Anything done before exit day in relation to an application to which this paragraph applies—

(a) by the rapporteur Member State or the United Kingdom as co-rapporteur Member State;

(b) by the European Food Safety Authority under Regulation (EU) No 844/2012 as it had effect immediately before exit day;

is taken to have been done by the relevant competent authority as the assessing competent authority.

(4) In sub-paragraphs (2) and (3), the “relevant competent authority” is the Secretary of State subject to sub-paragraphs (5) to (7).

(5) The Secretary of State may appoint another competent authority as the relevant competent authority for an application to which this paragraph applies.

(6) The relevant competent authority must notify the applicant following an appointment under sub-paragraph (5).

(7) An appointment in accordance with sub-paragraph (5) does not affect anything done by the Secretary of State as assessing competent authority prior to appointment.

(8) In this paragraph—

“assessing competent authority” has the meaning given by Article 15(1) of Regulation (EC) No 1107/2009;

“co-rapporteur Member State” means the co-rapporteur Member State for the active substance which is the subject of the application as set out in the third column in the Annex to Commission Implementing Regulation (EU) No 686/2012 as it had effect immediately before exit day;

“rapporteur Member State” means the rapporteur Member State for the active substance which is the subject of the application as set out in the second column in the Annex to Commission Implementing Regulation (EU) No 686/2012 as it had effect immediately before exit day.