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The Plant Protection Products (Scotland) Regulations 2005

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5.—(1) Subject to the following provisions of this regulation and to regulation 6, the Scottish Ministers may approve, for a period not exceeding ten years, the placing on the market and use of any plant protection product.

(2) The Scottish Ministers may renew an approval granted under this regulation after verification that the requirements of regulation 6(2) to (7) continue to be satisfied.

(3) Where an application for renewal of an approval granted under this regulation has been made, the Scottish Ministers may renew the approval for a provisional period while they undertake the verification mentioned in paragraph (2) above.

(4) Without prejudice to regulation 11, an applicant for approval of a plant protection product under this regulation shall submit with the application–

(a)a dossier satisfying, in the light of current scientific and technical knowledge, the requirements set out in Annex III; and

(b)for each active substance in the plant protection product, a dossier satisfying, in the light of current scientific and technical knowledge, the requirements set out in Annex II except to the extent that the applicant is exempted from doing so by paragraph (5) below.

(5) Without prejudice to regulation 15(1) to (4), an applicant for approval of a plant protection product under this regulation shall be exempted from supplying the information required under paragraph (4)(b) above (except for that identifying the active substance) if the active substance–

(a)is already included in Annex I at the time of the application, there being taken into account the conditions of that inclusion; and

(b)does not differ significantly in degree of purity and nature of impurities from the composition registered in the dossier accompanying the original application for inclusion of the active substance in Annex I.

(6) An approval granted under this regulation shall specify the requirements and conditions relating to the placing on the market and use of the product and such requirements and conditions shall include all those necessary to ensure that the requirements in regulation 6(3)(a) to (e) are satisfied.

(7) Any person who contravenes or causes or permits any person to contravene any requirement or condition of an approval granted under this regulation shall be guilty of an offence.

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