84. For regulation 113 (amendment of regulation 127 (application for grant of traditional herbal registration)) substitute—U.K.
“113.—(1) Regulation 127 (application for grant of traditional herbal registration) is amended as follows.
(2) After paragraph (1) insert—
“(1A) The licensing authority may accept an application meeting reduced or alternative requirements specified in this Part (“under the unfettered access route”) and grant a THR(GB) only where—
(a)there is already in place, or will be at the time the THR(GB) is granted, a traditional herbal registration in respect of the product authorising sale or supply in Northern Ireland,
(b)the applicant complies with the requirements in regulation 128(1A), and
(c)the traditional herbal medicinal product satisfies the definition of qualifying Northern Ireland goods.
(1B) A traditional herbal registration must state whether it is in force in—
(a)the whole United Kingdom;
(b)Great Britain only; or
(c)Northern Ireland only,
and in these Regulations the meaning of a reference to that traditional herbal registration being “in force” is limited to that territory.”.
(3) In paragraph (3) for “must be established in the European Union” substitute—
“, where it is applying for—
(a)a THR(NI)—
(i)in accordance with Chapter 4 of Title III of the 2001 Directive, must be established in the European Union;
(ii)on any other basis, must be established in the United Kingdom;
(b)a THR (GB)—
(i)under the unfettered access route, must be established in Northern Ireland;
(ii)other than under the unfettered access route, must be established in the United Kingdom;
(c)a THR(UK), must be established in the United Kingdom.”.
(4) After paragraph (4) insert—
“(4A) The application must include a statement indicating whether the traditional herbal registration sought is for sale or supply of the product in—
(a)the whole United Kingdom;
(b)Great Britain only; or
(c)Northern Ireland only.”.”.
Commencement Information
I1Sch. 2 para. 84 in force at 31.12.2020 immediately before IP completion day, see reg. 1