Ongoing plant protection product authorisation applications where a member State is examining the application under Article 35 of Regulation (EC) No 1107/2009U.K.
This section has no associated Explanatory Memorandum
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 [IP completion day] —
(i)that application was made in accordance with Article 33 of Regulation (EC) No 1107/2009 as it had effect immediately before [IP completion 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 [IP completion day] , and
(b)immediately before [IP completion 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 [IP completion 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 [IP completion day] in accordance with the third subparagraph of Article 36(1) of Regulation (EC) No 1107/2009 as it had effect immediately before [IP completion day] , on the date on which the application was made,
(b)otherwise, on [IP completion 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 [IP completion 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 [IP completion day] in respect of an EEA state means that Article as adapted by the EEA agreement as it had effect immediately before [IP completion day] .
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