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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 1107/2009U.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 [F1IP completion day] —

(i)that application was made in accordance with Article 33 of Regulation (EC) No 1107/2009 as it had effect immediately before [F1IP 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 [F1IP completion day] , and

(b)immediately before [F1IP 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 [F1IP 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 [F1IP completion day] in accordance with the third subparagraph of Article 36(1) of Regulation (EC) No 1107/2009 as it had effect immediately before [F1IP completion day] , on the date on which the application was made,

(b)otherwise, on [F1IP 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 [F1IP 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 [F1IP completion day] in respect of an EEA state means that Article as adapted by the EEA agreement as it had effect immediately before [F1IP completion day] .

Textual Amendments

F1Words in Sch. 1 substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(21)(a)

Commencement Information

I1Sch. 1 para. 9 in force at 31.12.20 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)