Paragraph 9 Ongoing plant protection product authorisation applications where a member State is examining the application under Article 35 of Regulation (EC) No 1107/2009I1

United Kingdom

(1)

This paragraph applies in relation to an application for authorisation to place a plant protection product on the market in the United Kingdom or the amendment of such an authorisation where—

(a)

before F1IP completion day —

(i)

that application was made in accordance with Article 33 of Regulation (EC) No 1107/2009 as it had effect immediately before IP completion day ,

(ii)

a member State or EEA state had agreed to examine that application in accordance with the first paragraph of Article 35 of Regulation (EC) No 1107/2009 as it had effect immediately before IP completion day , and

(b)

immediately before IP completion day a decision to grant or refuse the application had not been made by a competent authority in accordance with Article 36(2) of Regulation (EC) No 1107/2009 as it had effect immediately before IP completion day .

(2)

An application in relation to which this paragraph applies is taken to have been made in accordance with Article 33 of Regulation (EC) No 1107/2009—

(a)

where the member State or EEA state described in sub-paragraph (1)(a)(ii) had made its assessment available to the United Kingdom before IP completion day in accordance with the third subparagraph of Article 36(1) of Regulation (EC) No 1107/2009 as it had effect immediately before IP completion day , on the date on which the application was made,

(b)

otherwise, on IP completion day .

(3)

Where sub-paragraph (2)(a) applies to an application, anything done by the member State or EEA state in respect of the examination of the application before IP completion day is taken to have been done by a competent authority.

(4)

In this paragraph, a reference to an Article of Regulation (EC) No 1107/2009 as it had effect immediately before IP completion day in respect of an EEA state means that Article as adapted by the EEA agreement as it had effect immediately before IP completion day .

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. 9 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)