{
  "url": "https://openlegislation.uk/plant-protection-products-miscellaneous-amendments-eu-exit-regulations-2019/schedule-1/paragraph-11",
  "json_url": "https://openlegislation.uk/plant-protection-products-miscellaneous-amendments-eu-exit-regulations-2019/schedule-1/paragraph-11.json",
  "legislation": "uksi/2019/556",
  "legislation_title": "The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/plant-protection-products-miscellaneous-amendments-eu-exit-regulations-2019",
  "path": "schedule/1/paragraph/11",
  "kind": "paragraph",
  "number": "11",
  "heading": "Assessment of equivalence under Article 38(1) of Regulation (EC) No 1107/2009 where active substance last approved before IP completion day",
  "text": "(1) Sub-paragraph (2) applies where—\n(a) it is necessary to assess equivalence of an active substance in accordance with Article 38 of Regulation (EC) No 1107/2009, and\n(b) 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 .\n(2) 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).\n(3) 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.\n(4) 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).\n(5) 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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/556/schedule/1/paragraph/11",
    "retrieved_at": "2026-10-28T22:44:44.759512+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}