The Plant Protection Products (Fees) Regulations 2001

• Citation: S.I. 2001/2477
• Sections: 35

Section 1 Title, commencement, extent and interpretation

(1) These Regulations may be cited as the Plant Protection Products (Fees) Regulations 2001, come into force on 1st August 2001 and extend to Great Britain.

(2) In these Regulations—

“the 1991 Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the market amended as listed in the definition of ’the Directive’ in the 1995 Regulations;

“the 1995 Regulations” means the Plant Protection Products Regulations 1995 ;

“data” means scientific evidence submitted in support of application under the 1995 Regulations;

“the Schedule” means the Schedule to these Regulations;

and any reference in the Schedule to an identified item or an identified note refers to the item or note so identified in the Schedule.

Section 2 Fees in connection with applications under the Plant Protection Products Regulations 1995

(1) An applicant under regulation 4 (active substances) or 10 (extensions) of, or for an approval under, the 1995 Regulations shall pay a fee to the Secretary of State in accordance with this regulation, and so shall—

(a) a person making a request under regulation 13(7)(b) (modifications) of the 1995 Regulations, and

(b) a person making a request to the Secretary of State for initial or renewed official recognition of a testing facility under paragraph 2.2 or 2.3 of Annex III to the 1991 Directive,

and for the purposes of these Regulations either such person shall count as an applicant and his request as an application.

(2) The fee is the total of the amounts specified in the Table in the Schedule, as read with the notes, for each type of examination or related activity called for by the application, but if a lower sum (following consideration of actual work involved in examining any relevant application) is notified as the fee by the Secretary of State to the applicant then the fee is the lower sum in question.

(3) Payment shall, to the extent not previously made by the applicant, be made in accordance with any invoice for the fee (or the balance) sent to the applicant by the Secretary of State, and the Secretary of State shall be under no obligation to process the application so long as there is a failure to make any such payment.

(4) On completion of all examinations and related activities involved in processing the application, any difference between what has been paid and the fee shall be paid or refunded.

(5) Any amount due under this regulation but unpaid is recoverable on demand in writing sent to the person from whom it is due.

(6) In any proceedings relating to an application under these Regulations, a certificate of the Secretary of State as to the amount payable in connection with the application shall be evidence of the amount in question.

Section 3 Revocation of previous Regulations

The Plant Protection (Fees) Regulations 1995 and the Plant Protection Products (Fees) (Amendment) Regulations 1997 are revoked.

A Notes (lettered)

If the application is withdrawn after preliminary examination but before further activity in relation to the item starts, a fee of £100 is payable for processing the withdrawal.

B Notes (lettered)

If the application (being an application under regulation 9 (approvals for research and development) of the 1995 Regulations) is also an Administrative Only application there is no extra fee beyond the Administrative Only application fee. If the application (being of another type) is also an Administrative application there is no extra fee beyond the Administrative application fee.

C

If simultaneous applications from the same applicant cover both regulation 4 and regulation 7 of the 1995 Regulations in relation to the same active substance, no fee is payable in relation to the regulation 7 application.

D

Such processing and evaluation does not count for payment purposes as processing and evaluation of an application containing any type of data package referred to in item B(2)(a) or B(3)(a) to (e).

E

If the application is withdrawn after preliminary examination but before processing and evaluation, the fee in respect of the item is £4,700.

Section 1 Notes (numbered)

Approval/extension applications comprise all cases not covered by item B or item C.

Section 2 Notes (numbered)

A Preliminary examination is the initial examination needed, in relation to applications other than Administrative Only applications and Off-label applications, in order to notify an applicant whether his application can proceed further.

Section 3

An Administrative Only application is—

(a) an application to be added to the list of approval personal importers and users of a product already published as approved for import for personal use, or

(b) an Experimental application which does not call for examination of data or of technical information.

Section 4

An Administrative application is—

(a) an application to make a change to an existing approval of a type which does not call for examination of data, label checking or detailed examination of technical information, or

(b) an application by a prospective importer for approval of a product to be imported for personal use which does not fall within Note 3.

Section 5

A Fast application is an application under regulation 5 (standard approvals), a subsequent application (as described in Note 23) under regulation 7 (provisional approvals), or an application for a modification of either such approval under regulation 13(7)(b), of the 1995 Regulations of a type which calls for technical consideration or label checking, but not significant data examination.

Section 6

A Mutual Recognition application is an application under regulation 11 (mutual recognition of approvals), or for modification of such an approval under regulation 13(7)(b), of the 1995 Regulations.

Section 7

An Experimental application is an application under regulation 9 (approvals for research and development), or for modification of such an approval under regulation 13(7)(b), of the 1995 Regulations which is not a Departmental application.

Section 8

An Off-label application is an application for extension of an approved use under regulation 10, or for modification of such an extension under regulation 13(7)(b), of the 1995 Regulations of a type which calls for examination of data or detailed examination of technical information but is not a Departmental application.

Section 9

A Normal application is—

(a) an application under regulation 8 (emergency approvals), or for modification of such an approval under regulation 13(7)(b), of the 1995 Regulations, or

(b) an application under regulation 5 (standard approvals), a subsequent application (as detailed in Note 23) under regulation 7 (provisional approvals), or an application for modification of either such approval under regulation 13(7)(b), of the 1995 Regulations of a type which calls for significant data examination,

which is not a Departmental application.

Section 10

A Departmental application is an application under regulation 5, 8, 9 or 10 or a subsequent application (as described in Note 23) under regulation 7, of the 1995 Regulations of a type which calls for evaluation of data supplied by the applicant in relation to a risk assessment which has not been addressed in approval data to which the applicant has access.

Section 11

A routine additional matter is a product or use change covered in the same application as a different product or different use change which calls for no additional examination.

Section 12

Further examination is an examination in any case where the application is of a type which calls for examination by an expert on a matter covered by item A(4).

Section 13

Efficacy refers to the effectiveness of the product in consistently controlling the target pest without adversely affecting the treated crop, following crops or treated produce.

Section 14

Operator exposure additionally covers exposure of other persons resulting from the product use.

Section 15

Consumer exposure covers exposure of consumers resulting from consumption of produce from treated crops, treated produce or products derived from either, including products from animals to which any such matter has been fed.

Section 16

Fate and behaviour in the environment covers the potential environmental exposure (save in relation to assessing the risk from that exposure in item A(4)(a)(v)) from product use, including the identity and quantity of active substance, metabolites, degradation products and reaction products which may be available in the soil, water or air and are of toxicological or environmental significance.

Section 17

Ecotoxicology covers the assessment of the potential impact on non-target species likely to be at risk from exposure to the product, including the active substance, and toxicologically or environmentally significant metabolites, degradation products and reaction products.

Section 18

Product/active chemistry data are data to enable assessment of the technical specification of the active substance and physico-chemical properties of the product.

Section 19

Crop safety data are data supplied to show that the product does not adversely affect the treated crops, following crops or treated produce. The check is a minor one if only one aspect of crop safety is required to be addressed and it is required to confirm a finding deduced from other data, and otherwise it is a major one.

Section 20

Parallel import verification is verification that a product to be imported is materially identical with a product approved under regulation 5 (standard approvals) or under regulation 7 (provisional approvals) of the 1995 Regulations.

Section 21

Toxicology data are data used to assess the mammalian metabolism and toxicology of the active substance in the product and to determine the types of hazard to which the product can give rise.

Section 22

Effectiveness data are data (other than crop safety data) supplied to show that a product consistently controls the target pest.

Section 23

Annex I application cases cover applications under regulation 4 (applications concerning active substances) or 7 (provisional approvals) of the 1995 Regulations with the exception of a subsequent application (that is to say, an application under regulation 7 where there is already an approval for a product containing the active substance covered by the application and the applicant has access to data relating to the active substance covered by the approval in question).

Section 24

A full data package comprises the total dossier called for by Annex II, Annex III, or both, to the 1991 Directive, and percentages of it are based on the value of expert time called for in assessing a resubmitted application.

Section 25

A resubmitted application is one where a previous application for approval has been unsuccessful, and a new aplication is made in an attempt to address all the concerns raised from that earlier application.

Section 26

A very small data package comprises data which are submitted to complete the material required to enable a full data package to be re-evaluated and which contain fewer than 10 separate studies.

Section 27

Annex III to the 1991 Directive requires that the tests and analyses of the efficacy data be conducted only by officially recognised testing facilities or organisations which are found to satisfy the requirements of the Directive following evaluation of their application and inspection of their facilities.