OpenLegislation

Article 54 Research and development

United Kingdom

Original text. Later amendments are not shown.

1.

By way of derogation from Article 28, experiments or tests for research or development purposes involving the release into the environment of an unauthorised plant protection product or involving unauthorised use of a plant protection product may be carried out if the F1competent authority in whose F2constituent territory the experiment or test is to be carried out has assessed the available data and granted a permit for trial purposes. The permit may limit the quantities to be used and the areas to be treated and may impose further conditions to prevent any harmful effects on human or animal health or any unacceptable adverse effect on the environment, such as the need to prevent entry into the food chain of feed and food containing residues unless a relevant provision has already been established under Regulation (EC) No 396/2005 F3in relation to that constituent territory.

The competent authority may authorise a programme of experiments or tests in advance or require a permit for each experiment or test.

2.

An application shall be submitted to the F4competent authority in whose F5constituent territory the experiment or test is to be conducted, together with a dossier containing all the available data to permit an assessment of possible effects on human or animal health or the possible impact on the environment.

3.

A permit for trial purposes shall not be granted for experiments or tests involving the release into the environment of a genetically modified organism unless such release has been accepted under F6section 111(1) of the Environmental Protection Act 1990.

4.

Paragraph 2 shall not apply if the F7competent authority has granted the person concerned the right to undertake certain experiments and tests and has determined the conditions under which the experiments and tests have to be undertaken.

F85.

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Annotations

Textual amendments

F1

Words in Art. 54(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 54(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 54(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(b) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 54(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 54(2) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 54(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(c) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(k)); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 54(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(d) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F8

Art. 54(5) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(32)(e) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

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)