# The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019, Regulation 3: Chapter 1

Extent: E+W+S+N.I.

(1) Chapter 1 is amended as follows.
(2) In Article 1—
(a) in paragraph 1, for “ the Community ” substitute “ Great Britain ”;
(b) in paragraph 3, omit “internal”;
(c) in paragraph 4, in the second sentence—
(i) for “Member States” substitute “ a competent authority ”;
(ii) after “authorised in their” insert “ constituent ”.
(3) In Article 2(1)(c), for “special Community” substitute “ retained EU law ”.
(4) In Article 3—
(a) for the heading substitute “ Definitions: general ”;
(b) in paragraph 4, in the definition of “substance of concern”, in the second subparagraph—
(i) for “dangerous” substitute “ hazardous ”;
(ii) for “Article 3 of Directive 1999/45/EC ” substitute “ that Regulation ”;
(c) in paragraph 9, in the definition of “placing on the market”—
(i) in the first sentence, for “ the Community ” substitute “ Great Britain ”;
(ii) in the second sentence, for “into the territory of the Community” substitute “ in Great Britain ”;
(d) in paragraph 10, in the definition of “authorisation of a plant protection product”—
(i) for “the competent authority of a Member State” substitute “ a competent authority ”;
(ii) after “product in its” insert “ constituent ”;
(e) in paragraph 16, at the end insert “ , as last amended by Directive (EU) 2015/412 of the European Parliament and of the Council ”;
(f) omit paragraphs 17 and 22;
(g) in paragraph 25, in the definition of “professional user”, after “Directive 2009/128/EC ” insert “ , and for these purposes, Directive 2009/128/EC is to be read as if Article 3(10)(b) were omitted ”;
(h) in paragraph 26, in the definition of “minor use”—
(i) in the words before point (a), omit “in a particular Member State”;
(ii) in point (a), for “that Member State” substitute “ Great Britain ”;
(i) omit paragraph 30;
(j) after paragraph 31 insert—
“
31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31B ‘approvals register’ means the register maintained in accordance with Article 27A;
31C ‘unacceptable co-formulants register’ means the register maintained in accordance with Article 27B;
31D ‘EU-derived domestic legislation’ has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018;”.
(5) After Article 3 insert—
“Article 3A
Definitions: competent authority, constituent territory and appropriate authority
1 In this Regulation, a reference to a competent authority or a constituent territory is to be interpreted in accordance with the provisions of this Article.
2 The Secretary of State is the competent authority for the constituent territory of England.
3 The Welsh Ministers are the competent authority for the constituent territory of Wales.
4 The Scottish Ministers are the competent authority for the constituent territory of Scotland.
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 In this Regulation, “the appropriate authority” means—
(a) for regulations applying in relation to England, the Secretary of State;
(b) for regulations applying in relation to Wales, the Welsh Ministers;
(c) for regulations applying in relation to Scotland, the Scottish Ministers;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 But the appropriate authority is the Secretary of State if consent is given by—
(a) for regulations applying in relation to Wales, the Welsh Ministers;
(b) for regulations applying in relation to Scotland, the Scottish Ministers;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

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Source: https://www.legislation.gov.uk/uksi/2019/556/regulation/3 (the official version)
Page: https://openlegislation.uk/plant-protection-products-miscellaneous-amendments-eu-exit-regulations-2019/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.