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Article 28 Authorisation for placing on the market and use

United Kingdom

Original text. Later amendments are not shown.

1.

A plant protection product shall not be placed on the market or used F1in a constituent territory unless it has been authorised F2by the relevant competent authority in accordance with this Regulation.

2.

By way of derogation from paragraph 1, no authorisation shall be required in the following cases:

(a)

use of products containing exclusively one or more basic substances;

(b)

placing on the market and use of plant protection products for research or development purposes in accordance with Article 54;

(c)

production, storage or movement of a plant protection product intended for use in F3the constituent territory of another competent authority, provided that the product is authorised F4by that other competent authority for that constituent territory;

(d)

production, storage or movement of a plant protection product intended for use F5outside Great Britain provided that F6there are inspection requirements in place to ensure that the plant protection product is exported from F7the United Kingdom or, where the product is intended for use in Northern Ireland, is transported to Northern Ireland;

(e)

placing on the market and use of plant protection products for which a parallel trade permit F8is in force in accordance with F9Article 52A and, for these purposes, a plant protection product subject to a grace period granted in accordance with Article 46 (as applied by Article 52A) is to be treated as though it were a product for which a parallel trade permit is in force.

Annotations

Textual amendments

F1

Words in Art. 28(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 28(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 28(2)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 28(2)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(aa) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(cc) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Art. 28(2)(e) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(iii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in Art. 28(2)(e) substituted (31.12.2023) by The Plant Protection Products (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1321), regs. 1(2), 4(2) (with reg. 5)

Notes on Section 1

Textual amendments

F1

Words in Ch. 3 Section 1 Subsection 3 heading inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(16)(a) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F2

Ch. 3 Section 1 Subsection 3A inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(21) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(f)); 2020 c. 1, Sch. 5 para. 1(1)