Article 15 Setting of new MRLsF1

United Kingdom

(1)

This Article applies where the competent authority decides to set a new MRL in accordance with Article 14(1B)(a).

(2)

The competent authority—

(a)

may set a temporary MRL in relation to its constituent territory—

(i)

for an active substance which is not approved under Regulation (EC) No 1107/2009 in relation to that territory, or

(ii)

in the circumstances described in Article 16(1);

(b)

otherwise, must set an MRL in relation to its constituent territory.

(3)

A temporary MRL set in accordance with paragraph 2(a)(i) expires after 12 months unless—

(a)

deleted in accordance with Article 14(1B)(b), or

(b)

extended in accordance with paragraphs 4 or 5.

(4)

A competent authority may extend a temporary MRL set in accordance with paragraph 2(a)(i) by a further 12 months where confirmation is pending that any scientific studies necessary for supporting an application for setting an MRL have been undertaken.

(5)

Where the confirmation described in paragraph 4 is received, a competent authority may extend the temporary MRL by a further 24 months provided that no unacceptable safety concerns for consumers have been identified.

(6)

Where the competent authority extends the period of the temporary MRL in accordance with paragraph 4 or 5, the competent authority must update the MRLs register accordingly.

(7)

Where the Secretary of State makes a decision under Article 14(5) to set a new MRL in accordance with Article 14(1B)(a), a reference to the competent authority in paragraphs 1 and 2 is to be read as a reference to the Secretary of State.

(8)

The Secretary of State may extend a temporary MRL in accordance with paragraphs 4 or 5 instead of a competent authority—

(a)

in relation to Wales, with the consent of the Welsh Ministers;

(b)

in relation to Scotland, with the consent of the Scottish Ministers.

(9)

Where the Secretary of State extends a temporary MRL in accordance with paragraph 8, a reference in paragraph 6 to the competent authority is to be read as a reference to the Secretary of State.

Annotations

Textual amendments

F1: Art. 15 substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(12) (as amended by S.I. 2020/1376, regs. 1(4), 6(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)