Paragraph 6 Existing default values for active substances in Annex 5 to Regulation (EC) No 395/2005I1

United Kingdom

(1)

In accordance with this paragraph, a default value for an active substance which immediately before F1IP completion day is set out in an entry in the table in Annex 5 is taken to have been set by each competent authority in relation to its constituent territory under Article 18A(1) of Regulation (EC) No 396/2005.

(2)

Sub-paragraph (3) applies where a default value to which sub-paragraph (1) applies is immediately before IP completion day subject to a requirement for the European Commission to take specified information into account when reviewing that default value if the information is submitted by a specified date, or the lack of that information if it is not submitted by that date.

(3)

Where this sub-paragraph applies, on and after IP completion day the default value 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 each competent authority to take the lack of that information into account when reviewing the default value.

(4)

In sub-paragraph (1), “Annex 5” means Annex 5 to Regulation (EC) No 396/2005 as it has effect immediately before IP completion day, read as if, in the table—

(a)

in table footnote (a)—

(i)

after “apply” there were inserted “ in relation to a constituent territory ”;

(ii)

for “Annex I” there were substituted “ Part 1 of the MRLs register ”;

(b)

in table footnote (**), for “Annex III Part A” there were substituted “ Part 3 of the MRLs register ”;

(5)

In sub-paragraphs (2) and (3), “specified” means specified in the requirement.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 6(1)-(4) 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)(v)
F2: Words in Sch. 1 para. 6(3)(b)(i) substituted (31.12.2020) by The Pesticides (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1410), regs. 1(2), 7(3)(a)(iii) (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. 6 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)