Article 13 Conclusion by the assessing competent authorityF39
United Kingdom
F1Within five months from the expiry of the period referred to in Article 12(3), or within two weeks from the adoption of the opinion of the F2Agency referred to in Article F337A(4) of Regulation (EC) No 1272/2008, if any adopted, whichever occurs later, the F4assessing competent authority shall adopt a conclusion in the light of current scientific and technical knowledge using guidance documents applicable at the date of the submission of the supplementary dossiers and in the light of the opinion of the Agency on whether the active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.F5The assessing competent authority may obtain independent scientific advice where it considers it appropriate to do so. The Authority shall communicate its conclusion to the applicant F6and the other competent authorities.
F7...
After giving the applicant two weeks to request, pursuant to Article 63 of Regulation (EC) No 1107/2009, that certain parts of the conclusion be kept confidential, the F8assessing competent authority shall make its conclusion available to the public, excluding any information in respect of which confidentiality has been granted by the assessing competent authority, unless there is an overriding public interest in its disclosure.
Where the F9assessing competent authority considers that additional information from the applicant is necessary, it shall F10... set a period not exceeding F1190 days for the applicant to supply such information to the F12other competent authorities and the assessing competent authority. The F13assessing competent authority shall, within 60 days from the date of receipt of the additional information evaluate the information received F14....
Where the first subparagraph applies, the period referred to in paragraph 1 shall be extended by the periods referred to in the first subparagraph of this paragraph.
For the purposes of assessment of the approval criteria set out in point 3.6.5 and point 3.8.2 of Annex II to Regulation (EC) No 1107/2009 as amended by Commission Regulation (EU) 2018/605, in relation to applications submitted in accordance with Article 1 before 10 November 2018, for which the draft renewal assessment report has been submitted but the conclusion by the F16assessing competent authority is not yet adopted by that date, where the information available in the dossier is not sufficient for the assessing competent authority to conclude the assessment on whether these approval criteria are met, the assessing competent authority shall, in consultation with the F17other competent authorities, request from the applicant the additional information to be submitted to the F18assessing competent authority and the other competent authorities in the form of an updated supplementary dossier including the additional information. The F19assessing competent authority shall, in consultation with F20... the applicant, set a period for the submission of that information. Such period shall be at least of 3 months, shall not exceed 30 months, and shall be justified in relation to the type of information which has to be submitted.
Within this period set by the F21assessing competent authority, the applicant may also submit where applicable, documentary evidence showing that the conditions for the application of the derogation under Article 4(7) of Regulation (EC) No 1107/2009 are met.
Where the F22assessing competent authority is able to conclude without requesting additional information that the scientific criteria for the determination of endocrine disrupting properties set out in point 3.6.5 and/or point 3.8.2 of Annex II to Regulation (EC) No 1107/2009 are met, it shall inform the applicant. Within 3 months after being informed by the F23assessing competent authority, the applicant may submit to the F24assessing competent authority and the other competent authorities, additional information to address the approval criteria set in point 3.6.5 and/or point 3.8.2 of Annex II to Regulation (EC) No 1107/2009, and/or documentary evidence showing that the conditions for the application of the derogation under Article 4(7) of that Regulation are met.
Where the first or third subparagraphs apply, the period referred to in paragraph 1 shall be extended by the period set for submission of the additional information.
Where no additional information is submitted in accordance with the first, second or third subparagraph within the period set for its submission, the F25assessing competent authority shall, without delay, inform the applicant F26and the other competent authorities and conclude the assessment based on the available information.
Where additional information is submitted in accordance with the first, second or third subparagraph within the period set for its submission, the F27assessing competent authority shall, within 90 days from the date of receipt of the additional information evaluate the information received and F28circulate to the other competent authorities and the applicant a revised draft renewal assessment report. The F29assessing competent authority shall conduct a consultation on the revised draft renewal assessment report with F30the other competent authorities and the applicant in accordance with Article 12. The F31assessing competent authority shall adopt the conclusion referred to in paragraph 1, within 120 days from the date of F32circulation of the revised draft renewal assessment report, using the guidance for identification of endocrine disruptors applicable at the date of the submission of the updated supplementary dossier referred to in the first subparagraph.
The F33assessing competent authority may F34... consult a F35... reference laboratory designated, pursuant to F36Regulation (EU) 2017/625 of the European Parliament and of the Council , for the purposes of verifying whether the analytical method for the determination of the residues proposed by the applicant is satisfactory and complies with the requirements in Article 29(1)(g) of Regulation (EC) No 1107/2009. The applicant shall, if requested by the F37... reference laboratory, provide samples and analytical standards.
Information submitted by the applicant without having been requested, or provided after the expiry of the period set for its submission in accordance with the first subparagraph of paragraph 3 or in accordance with the first or third subparagraphs of paragraph 3a of this Article, shall not be taken into account, unless it is submitted in accordance with Article 56 of Regulation (EC) No 1107/2009.
Annotations
Textual amendments
- F1
- F2
Words in Art. 13(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), reg. 20(13)(b)(i)(aa) (as substituted by S.I. 2020/1376, regs. 1(4), 3(16)(c))
- F3
Word in Art. 13(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), reg. 20(13)(b)(i)(bb) (as substituted by S.I. 2020/1376, regs. 1(4), 3(16)(c))
- F4
Words in Art. 13(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), reg. 20(13)(b)(i)(cc) (as substituted by S.I. 2020/1376, regs. 1(4), 3(16)(c))
- F5
Words in Art. 13(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), reg. 20(13)(b)(i)(dd) (as substituted by S.I. 2020/1376, regs. 1(4), 3(16)(c))
- F6
Words in Art. 13(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), reg. 20(13)(b)(i)(ee) (as substituted by S.I. 2020/1376, regs. 1(4), 3(16)(c))
- F7
Words in Art. 13(1) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), reg. 20(13(b)(ii) (as substituted by S.I. 2020/1376, regs. 1(4), 3(16)(c))
- F8
Words in Art. 13(2) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Words in Art. 13(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F10
Words in Art. 13(3) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F11
Words in Art. 13(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(d)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
- F12
Words in Art. 13(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(d)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)
- F13
Words in Art. 13(3) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F14
Words in Art. 13(3) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F15
- F16
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F17
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F18
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
- F19
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F20
Words in Art. 13(3a) omitted (31.12.2020) by virtue of The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F21
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F22
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F23
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F24
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F25
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F26
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F27
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(e)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F28
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(e)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F29
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(e)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F30
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(e)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F31
Words in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(e)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F32
Word in Art. 13(3a) substituted (31.12.2020) by The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/559), regs. 1(3), 11(3)(e)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F33
Words in Art. 13(4) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(e)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
- F34
Words in Art. 13(4) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(e)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
- F35
Words in Art. 13(4) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(e)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)
- F36
Words in Art. 13(4) substituted (31.12.2020) by The Pesticides (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1410), regs. 1(3), 3(2); 2020 c. 1, Sch. 5 para. 1(1)
- F37
Words in Art. 13(4) omitted (31.12.2020) by virtue of The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F38
- F39
Words in Art. 13 heading substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 20(13)(a); 2020 c. 1, Sch. 5 para. 1(1)