Paragraph 11 Assessment of equivalence under Article 38(1) of Regulation (EC) No 1107/2009 where active substance last approved before IP completion dayF1I1
United Kingdom
Sub-paragraph (2) applies where—
it is necessary to assess equivalence of an active substance in accordance with Article 38 of Regulation (EC) No 1107/2009, and
the active substance was last approved before IP completion day in accordance with Regulation (EC) No 1107/2009 as it had effect immediately before IP completion day .
Where this sub-paragraph applies, the assessing competent authority for the purposes of Article 38 of Regulation (EC) No 1107/2009 is the Secretary of State, subject to sub-paragraphs (3) to (5).
The Secretary of State may appoint another competent authority as the assessing competent authority for the purposes of Article 38 of Regulation (EC) No 1107/2009.
The assessing competent authority must notify the applicant for the authorisation of the plant protection product to which the assessment of equivalence relates following an appointment under sub-paragraph (3).
An appointment in accordance with sub-paragraph (3) does not affect anything done by the Secretary of State as assessing competent authority prior to that appointment.
Annotations
Textual amendments
- F1
Words in Sch. 1 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(21)(a)
Commencement
- I1
Sch. 1 para. 11 in force at 31.12.20 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)