Regulation 3 Chapter 1I1

United Kingdom

(1)

Chapter 1 is amended as follows.

(2)

In Article 1—

(a)

in paragraph 1, for “ F1the Community ” substitute “ F2Great 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 M1” substitute “ that Regulation ”;

(c)

in paragraph 9, in the definition of “placing on the market”—

(i)

in the first sentence, for “ F3the Community ” substitute “ F4Great Britain ”;

(ii)

in the second sentence, for “into the territory of the Community” substitute “ in F5Great 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 M2 ”;

(f)

omit paragraphs 17 and 22;

(g)

in paragraph 25, in the definition of “professional user”, after “Directive 2009/128/EC M3” 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 “ F6Great Britain ”;

(i)

omit paragraph 30;

(j)

after paragraph 31 insert—

“
F731A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Annotations

Textual amendments

F1: Words in reg. 3(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(a)(i)
F2: Words in reg. 3(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(a)(ii)
F3: Words in reg. 3(4)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(a)(i)
F4: Words in reg. 3(4)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(a)(ii)
F5: Words in reg. 3(4)(c)(ii) substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(b)(i)
F6: Words in reg. 3(4)(h)(ii) substituted (31.12.2020 immediately before IP completion day) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(b)(i)
F7: Words in reg. 3(4)(j) omitted (31.12.2020 immediately before IP completion day) by virtue of The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(b)(ii)
F8: Words in reg. 3(5) omitted (31.12.2020 immediately before IP completion day) by virtue of The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(4), 3(3)(c)

Marginal citations

M1: OJ No L 200, 30.7.1999, p 1, repealed by Regulation (EC) No 1272/2008 of the European Parliament and of the Council (OJ No L 353, 31.12.2008, p 1).
M2: OJ No L 68, 13.3.2015, p 1, as corrected by a Corrigendum (OJ No L 82, 26.3.2018, p 17).
M3: OJ No L 309, 24.11.2009, p 71, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No L 189, 27.6.2014, p 1).

Commencement

I1: Reg. 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)