# The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019, Paragraph 11: Assessment of equivalence under Article 38(1) of Regulation (EC) No 1107/2009 where active substance last approved before exit day


(1) Sub-paragraph (2) applies where—
(a) it is necessary to assess equivalence of an active substance in accordance with Article 38 of Regulation (EC) No 1107/2009, and
(b) the active substance was last approved before exit day in accordance with Regulation (EC) No 1107/2009 as it had effect immediately before exit day.
(2) Where this sub-paragraph applies, the assessing competent authority for the purposes of Article 38 of Regulation (EC) No 1107/2009 is the Secretary of State, subject to sub-paragraphs (3) to (5).
(3) The Secretary of State may appoint another competent authority as the assessing competent authority for the purposes of Article 38 of Regulation (EC) No 1107/2009.
(4) The assessing competent authority must notify the applicant for the authorisation of the plant protection product to which the assessment of equivalence relates following an appointment under sub-paragraph (3).
(5) An appointment in accordance with sub-paragraph (3) does not affect anything done by the Secretary of State as assessing competent authority prior to that appointment.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111176931/schedule/1/paragraph/11 (the official version)
Page: https://openlegislation.uk/draft-plant-protection-products-miscellaneous-amendments-eu-exit-regulations-2019/schedule-1/paragraph-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.