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

Ongoing plant protection product authorisation applications where a member State is examining the application under Article 35 of Regulation (EC) No 1107/2009

9.—(1) This paragraph applies in relation to an application for authorisation to place a plant protection product on the market in the United Kingdom or the amendment of such an authorisation where—

(a) before exit day—

(i) that application was made in accordance with Article 33 of Regulation (EC) No 1107/2009 as it had effect immediately before exit day,

(ii) a member State or EEA state had agreed to examine that application in accordance with the first paragraph of Article 35 of Regulation (EC) No 1107/2009 as it had effect immediately before exit day, and

(b) immediately before exit day a decision to grant or refuse the application had not been made by a competent authority in accordance with Article 36(2) of Regulation (EC) No 1107/2009 as it had effect immediately before exit day.

(2) An application in relation to which this paragraph applies is taken to have been made in accordance with Article 33 of Regulation (EC) No 1107/2009—

(a) where the member State or EEA state described in sub-paragraph (1)(a)(ii) had made its assessment available to the United Kingdom before exit day in accordance with the third subparagraph of Article 36(1) of Regulation (EC) No 1107/2009 as it had effect immediately before exit day, on the date on which the application was made,

(b) otherwise, on exit day.

(3) Where sub-paragraph (2)(a) applies to an application, anything done by the member State or EEA state in respect of the examination of the application before exit day is taken to have been done by a competent authority.

(4) In this paragraph, a reference to an Article of Regulation (EC) No 1107/2009 as it had effect immediately before exit day in respect of an EEA state means that Article as adapted by the EEA agreement as it had effect immediately before exit day.