Paragraph 3 Existing MRLs under Annexes 2 and 3 to Regulation (EC) No 396/2005I1

United Kingdom

(1)

In accordance with this paragraph, an MRL which immediately before F1IP completion day is set out in an entry in a table in Annex 2 or 3 to Regulation (EC) No 396/2005 as it has effect immediately before IP completion day is taken to have been set by each competent authority in relation to its constituent territory—

(a)

for an MRL set out in an entry in the table in Annex 2, under Articles 14(1B)(a) and 15(2)(b) of Regulation (EC) No 396/2005;

(b)

for an MRL set out in an entry in the table in Part A of Annex 3, under Articles 14(1B)(a) and 15(2)(a)(i) of Regulation (EC) No 396/2005;

(c)

for an MRL set out in an entry in the table in Part B of Annex 3, under Articles 14(1B)(a), 15(2)(a)(ii) and 16 of Regulation (EC) No 396/2005.

(2)

An MRL to which sub-paragraph (1) applies is taken to apply from the date which it applied from in accordance with a regulation made under Article 14(1) of Regulation (EC) No 396/2005 as it had effect immediately before IP completion day, except in accordance with sub-paragraph (3).

(3)

For the purposes of Article 15(3) of Regulation (EC) No 396/2005, an MRL to which sub-paragraph (1)(b) applies is taken to apply from IP completion day.

(4)

In sub-paragraph (1), “Annex 2” and “Annex 3” means Annex 2 and 3 respectively to Regulation (EC) No 396/2005 as it has effect immediately before IP completion day and read in accordance with paragraph 4.

(5)

Sub-paragraph (6) applies where an MRL to which sub-paragraph (1) applies is immediately before IP completion day subject to a requirement for the European Commission—

(a)

to take specified information into account when reviewing that MRL if the information is submitted by a specified date, or the lack of that information if it is not submitted by that date; or

(b)

to take into account the commercial availability of a specified reference standard when reviewing that MRL by a specified date, or the unavailability of it if it is not commercially available by that date.

(6)

Where this sub-paragraph applies, on and after IP completion day the MRL is taken to be subject to the requirement as modified as follows—

(a)

a reference in the requirement to the Commission is to be read as a reference to the competent authority;

(b)

if the specified date occurred before IP completion day and on or before that specified date—

(i)

the specified information was submitted to the European Commission, the specified date is to be read as F2the date eight months after the day on which IP completion day falls;

(ii)

the specified information was not submitted to the European Commission, the requirement is to be read as a requirement on the competent authority to take the lack of that information into account when reviewing the MRL.

(7)

For the purposes of sub-paragraphs (5) and (6), a date, a reference standard or information is “specified” if it is specified in the requirement.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 3(1)-(6) substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 6(9)(a)(ii)
F2: Words in Sch. 1 para. 3(6)(b)(i) substituted (31.12.2020) by The Pesticides (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1410), regs. 1(2), 7(3)(a)(i) (as amended by S.I. 2020/1376, regs. 1(4), 7(4)); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)