Regulation 26
1. Notwithstanding regulation 3(1) and (2) and subject to the remaining provisions of this Schedule—
(a)these Regulations shall not apply; and
(b)the 1987 Regulations shall continue to apply,
to a relevant plant protection product.
2. Notwithstanding paragraph 1, and subject to paragraphs 3 and 4, regulations 1, 2 and 9 and (insofar as they relate to approvals granted under regulation 9) regulations 13(2) and (5) to 13(10), 14, 17 and 20 to 27 shall apply to a relevant plant protection product.
3. Regulation 9 shall not apply to a relevant plant protection product to which any of the exemptions provided in regulation 3(2)(a) to (c) and (e) to (j) of the 1987 Regulations applies.
4. Notwithstanding regulation 27(2), a pesticide approval in respect of a relevant plant protection product given in the form of an experimental permit under regulation 5(2)(a) of the 1987 Regulations which was in force on 23rd December 1997 shall continue to be subject to the 1987 Regulations and shall continue in force until the date of expiry of such approval or earlier revocation under those Regulations.
5. Where in relation to a relevant plant protection product which is not an approved pesticide it is decided under Article 6—
(a)that the relevant active substances of that product should be included in Annex I, or
(b)that any of the relevant active substances of that product should not be included in Annex I,
the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2).
6. Where, in relation to a relevant plant protection product which is an approved pesticide, it has been decided under Article 6 that any of its relevant active substances should not be included in Annex I, the Department shall notify the pesticide approval holder of that decision and shall take the action described in paragraph 9(1).
7.—(1) Where, in relation to any relevant plant protection product which is an approved pesticide, it has been decided under Article 6 that its relevant active substances should be included in Annex I, the Department shall notify the pesticide approval holder of that fact and the pesticide approval holder shall, within such period as the Department shall notify to the pesticide approval holder, provide information to the Department to show:
(a)that the relevant active substances contained in the plant protection product comply with the conditions of Annex I inclusion; and
(b)that he has access to a dossier satisfying the requirements of Annex II.
(2) After having submitted to the Department the information required under paragraph (1) the pesticide approval holder may continue to place on the market and use the relevant plant protection product until such time as the Department notifies him of its decision that it is or is not satisfied that the information provided shows that the relevant active substances comply with the conditions of Annex I inclusion and that the approval holder has access to a dossier satisfying the requirements of Annex II.
(3) Where the pesticide approval holder fails to provide adequate information to enable the Department to reach a decision, the Department shall notify him of that failure and the pesticide approval holder shall, within such reasonable period as may be specified in the notification, submit further information to the Department to enable it to reach a decision.
(4) Where the Department decides that the information provided under paragraph (1) fails to show that the relevant active substances comply with the conditions of Annex I inclusion and that the approval holder has access to a dossier satisfying the requirements of Annex II it shall take the action described in paragraph 9(1).
8.—(1) Where the Department has determined that the information provided by the approval holder under paragraph 7 shows that the relevant active substances comply with the conditions of Annex I inclusion and that the approval holder has access to a dossier satisfying the requirements of Annex II it shall notify the pesticide approval holder of that fact and the pesticide approval holder shall, within such period as the Department shall notify to the pesticide approval holder, make an application for an approval of the relevant plant protection product under regulation 5.
(2) The pesticide approval shall continue to have effect until such time as the Department notifies the approval holder of its decision to grant or refuse an approval under regulation 5.
(3) Where the pesticide approval holder fails to provide adequate information to enable the Department to consider the application, the Department shall notify him of that failure and the pesticide approval holder shall, within such reasonable period as may be specified in the notification, submit further information to the Department to enable it to consider the application.
9.—(1) The Department shall, at the same time as it notifies a pesticide approval holder of a decision mentioned in paragraph 6, 7(4) or 8(2), revoke the pesticide approval.
(2) The Department may, if any pesticide approval holder fails to comply with a notification given under paragraph 7(1) or (3) or 8(1) or (3), revoke the pesticide approval.
(3) Where the Department revokes a pesticide approval under sub-paragraph (1) or (2), it may revoke that approval—
(a)completely;
(b)in the manner specified in sub-paragraph (4); or
(c)in the manner specified in sub-paragraph (5).
(4) When revoking an approval in the manner mentioned in sub-paragraph (3)(b), the Department shall—
(a)subject to head (b), revoke that approval in so far as it authorises the advertisement, sale, storage, supply and use of that product; and
(b)in the form of a provisional approval granted under regulation 5 of the 1987 Regulations for a period not exceeding one year commencing with the date of that revocation, authorise—
(i)the storage of that product by any person; and
(ii)the advertisement, sale, supply and use of that product by any person other than the pesticide approval holder or the pesticide approval holder’s employees or agents.
(5) When revoking an approval in the manner mentioned in sub-paragraph (3)(c), the Department shall—
(a)subject to heads (b) and (c), revoke that approval in so far as it authorises the advertisement, sale, supply, storage and use of that product;
(b)in the form of a provisional approval granted under regulation 5 of the 1987 Regulations for a period not exceeding one year commencing with the date of that revocation, authorise the advertisement, sale, storage, supply and use of that product by any person; and
(c)in the form of a provisional approval granted under regulation 5 of the 1987 Regulations for a period, not exceeding one year following the end of the period of provisional approval granted under head (b), authorise—
(i)the storage of that product by any person; and
(ii)the advertisement, sale, supply and use of that product by any person other than the pesticide approval holder or the pesticide approval holder’s employees or agents.
10.—(1) Where the Department has revoked a pesticide approval in relation to any relevant plant protection product under paragraph 9(1) or (2) completely, the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2) forthwith.
(2) Where the Department has revoked a pesticide approval in relation to any relevant plant protection product in the manner specified in paragraph 9(4), the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2) on the expiry of the period of the provisional approval granted under paragraph 9(4)(b).
(3) Where the Department has revoked a pesticide approval in relation to any relevant plant protection product in the manner specified in paragraph 9(5), the placing on the market and use of that product shall become subject to the prohibitions specified in regulation 3(1) and (2) on the expiry of the period of the provisional approval granted under paragraph 9(5)(c).
11. Any notification given by the Department under this Schedule shall be in writing.
12. For the purposes of this Schedule—
“approved pesticide” means a pesticide which is the subject of a pesticide approval;
“pesticide approval” means approval of a pesticide given under regulation 5 of the 1987 Regulations;
“pesticide approval holder” in relation to any pesticide means any person who holds the current pesticide approval for that pesticide;
“relevant active substance” means an active substance contained in a relevant plant protection product which is an approved pesticide;
“relevant plant protection product” means any plant protection product—
which is a pesticide, or substance, preparation or organism prepared or used for any of the purposes mentioned in regulation 3(1)(b) of the 1987 Regulations, and
at least one of whose active ingredients is an old active substance; and
“active ingredient”, “advertisement”, “organism”, “pesticide”, “preparation”, “sale”, “storage”, “substance”, “supply” and “use” have the same respective meanings as in the 1987 Regulations.