Paragraph 15A F1

(1)

Annex 4 is to be read as follows.

(2)

Section 1 is to be read as if—

(a)

in the heading, “Harmonised” were omitted;

(b)

in the paragraph, “harmonised” were omitted”;

(c)

after the paragraph there were inserted—

“In this Annex, “approvals register” has the meaning given in Article 3(31B) of Regulation 1107/2009.”.

(3)

Section 2 is to be read as if—

(a)

“Harmonised” in each place it occurs (including in the headings) were omitted;

(b)

in paragraph 1, in the first sentence, for the words from “provided to” to the end there were substituted—

“in relation to Northern Ireland, collected in accordance with Annex 4 to Directive 2009/128/EC, otherwise, collected in accordance with Article 67(3) of that Regulation.”;

(c)

for paragraph 2(b) to (e) there were substituted—

“(b)
the active substances in Group 1 (categories A and B)—
(i)
in relation to Northern Ireland, are those listed in Part D of the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, are those listed as low-risk active substances in the approvals register;
(c)
the active substances in Group 2 (categories C and D)—
(i)
in relation to Northern Ireland, are those listed in Parts A and B of the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, are those listed in the approvals register as active substances which are not basic substances, low-risk active substances or candidates for substitution;
(d)
the active substances in Group 3 (categories E and F)—
(i)
in relation to Northern Ireland, are those listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, are those listed as candidates for substitution in the approvals register;
(e)
the active substances in Group 4 (category G) are those not approved under Regulation (EC) No 1107/2009, and therefore not listed—
(i)
in relation to Northern Ireland, in the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, in the approvals register;”;

(d)

in Table 1, in Row (i)—

(i)

in the second column—

(aa)

after “listed” there were inserted “, in relation to Northern Ireland,”;

(bb)

at the end there were inserted “, or, otherwise, in the approvals register”;

(ii)

for the entry in the third column there were substituted—

“Active substances approved or deemed to be approved under Regulation (EC) No 1107/2009 which—
(a)
in relation to Northern Ireland—
(i)
do not fall in other categories, and
(ii)
are listed in Parts A and B of the Annex to Implementing Regulation (EU) No 540/2011;
(b)
otherwise, are not basic substances, low-risk active substances or candidates for substitution and are listed in the approvals register”;

(iii)

in the fourth and fifth columns—

(aa)

after “listed” there were inserted “, in relation to Northern Ireland,”;

(bb)

at the end there were inserted “, or, otherwise, in the approvals register”;

(e)

in paragraph 7—

(i)

for “Member States and the Commission” there were substituted “appropriate United Kingdom competent authority”;

(ii)

for “15(4)” there were substituted “15(3)”.

(4)

Section 3 is to be read as if—

(a)

“Harmonised” in each place it occurs (including in the headings) were omitted;

(b)

in paragraph 1, in the first sentence, after “Regulation (EC) No 1107/2009” there were inserted “and, in relation to Northern Ireland only,”;

(c)

for paragraph 2(b) to (e) there were substituted—

“(b)
the active substances in Group 1 (categories A and B)—
(i)
in relation to Northern Ireland, are those listed in Part D of the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, are those listed as low-risk active substances in the approvals register;
(c)
the active substances in Group 2 (categories C and D)—
(i)
in relation to Northern Ireland, are those listed in Parts A and B of the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, are those listed in the approvals register as active substances which are not basic substances, low-risk active substances or candidates for substitution;
(d)
the active substances in Group 3 (categories E and F)—
(i)
in relation to Northern Ireland, are those listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, are those listed as candidates for substitution in the approvals register;
(e)
the active substances in Group 4 (category G) are those not approved under Regulation (EC) No 1107/2009, and therefore not listed—
(i)
in relation to Northern Ireland, in the Annex to Commission Implementing Regulation (EU) No 540/2011;
(ii)
otherwise, in the approvals register;”;

(d)

in Table 2, in row (i)—

(i)

in the second column—

(aa)

after “listed” there were inserted “, in relation to Northern Ireland,”;

(bb)

at the end there were inserted “, or, otherwise, in the approvals register”;

(ii)

for the entry in the third column there were substituted—

“Active substances approved or deemed to be approved under Regulation (EC) No 1107/2009 which—
(a)
in relation to Northern Ireland—
(i)
do not fall in other categories, and
(ii)
are listed in Parts A and B of the Annex to Implementing Regulation (EU) No 540/2011;
(b)
otherwise, are not basic substances, low-risk active substances or candidates for substitution and are listed in the approvals register”;

(iii)

in the fourth and fifth columns—

(aa)

after “listed” there were inserted “, in relation to Northern Ireland,”;

(bb)

at the end there were inserted “, or, otherwise, in the approvals register”;

(e)

in paragraph 6—

(i)

for “Member States and the Commission” there were substituted “appropriate United Kingdom competent authority”;

(ii)

for “15(4)” there were substituted “15(3)”.

Annotations

Textual amendments

F1: Sch. A1 inserted (31.12.2020) by The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/306), reg. 1(4), Sch. (as amended by S.I. 2020/1376, regs. 1(4), 5(5)); 2020 c. 1, Sch. 5 para. 1(1)