Title, extent and commencement

1. These Regulations may be cited as the Plant Protection Products (Fees) Regulations 1995, shall apply in Great Britain and shall come into force on 17th April 1995.

Interpretation

2. In these Regulations-

• "Annex I application" means either of the following-

  (a)

  an application under regulation 4(1) of the principal Regulations for the inclusion of an active substance in Annex I; or

  (b)

  an application under regulation 4(2) of the principal Regulations for a variation of the conditions subject to which an active substance is included in Annex I;

• "biocontrol agent or pheromone application"-

  (a)

  in relation to an Annex I application, means an application relating to an active substance which is a biocontrol agent or a pheromone; and

  (b)

  in relation to an application for provisional approval, means an application relating to a plant protection product which includes active substances all of which are biocontrol agents or pheromones or an application the preliminary examination of which has revealed that no evaluation is required of the active substances included in it which are not biocontrol agents or pheromones;

• "data" means scientific evidence submitted in support of an application for approval under regulation 5 of the principal Regulations or in compliance with a requirement or condition specified in a provisional approval;

• "evaluation", in relation to an Annex I application, an application for approval under regulation 5, 7, 8, 9 or 11 of the principal Regulations or an application for extension of use under regulation 10 of the principal Regulations, means an examination of an application and the information (including data) accompanying it leading to the granting or refusal of that application or, in the event of withdrawal of an application after the evaluation starts, leading to a discontinuance of the processing of that application;

• "the Ministry" means the Ministry of Agriculture, Fisheries and Food;

• "preliminary examination", in relation to an Annex I application, an application under regulation 5, 7, 8, 9 or 11 of the principal Regulations or an application for extension of use under regulation 10 of the principal Regulations, means an examination of the documents included in an application to determine whether the evaluation of that application can proceed;

• "principal Regulations" means the Plant Protection Products Regulations 1995(2);

• "provisional approval" means an approval under regulation 7 of the principal Regulations;

• "resubmitted application" means an application relating to an active substance or plant protection product made following the making of an unsuccessful application relating to the same substance or product;

• "saving in costs", in relation to a resubmitted application, means the saving in costs arising because, in evaluating the application, work done on the previous unsuccessful application does not have to be repeated and, where such saving is expressed as a percentage, the reference is to the saving as a percentage of the full costs of evaluating the application which would have been incurred had it been an original application; and

• "active substance", "Annex I", "approval", "approved", "the Directive", "EEA State", "plant protection product" and "substance" shall have the same meanings as in the principal Regulations.

Prescription of fees

3.-(1) Subject to paragraph (2) below, the fees specified in column 2 of the Schedule to these Regulations are hereby prescribed as the fees payable in connection with the services provided and the approvals granted by the Ministry in pursuance of the Community obligations of the United Kingdom (as regards Great Britain) under the Directive, each fee specified in column 2 of that Schedule being the fee payable in connection with the service or approval specified alongside that fee in column 1 of that Schedule.

(2) The Ministry may, if it sees fit, perform a service or grant an approval so specified for the payment of a smaller fee than that so specified.

(3) The Schedule to these Regulations shall have effect subject to the Notes to that Schedule which identify special cases where either no fee is payable, a reduced fee is payable or a fee which has been paid will be repaid in part.

Payment of fees

4.-(1) A fee prescribed under regulation 3 above shall be paid at the same time as the application is made to the Ministry for the service or approval to which it relates but the Ministry may process an application which is not accompanied by the prescribed fee.

(2) Where under paragraph (1) above the Ministry processes an application which is not accompanied by the prescribed fee, that fee shall be payable forthwith upon service upon the applicant by the Ministry of a written demand for payment and shall be recoverable as a debt due to the Crown.

(3) Regulation 25 of the principal Regulations shall have effect in relation to the service of a written demand under paragraph (2) above as if in that regulation-

(a)any reference to any document required or authorised to be served under those Regulations included a reference to such a written demand, and

(b)any reference to the Ministers included a reference to the Ministry.

Payment into the Consolidated Fund

5. Fees paid to the Ministry under these Regulations shall be paid into the Consolidated Fund.

Regulation 3

SCHEDULEPRESCRIBED FEES

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe fees to be paid to the Ministry of Agriculture, Fisheries and Food in connection with services provided and approvals granted by the Ministry in pursuance of the Community obligations of the United Kingdom (as regards Great Britain) under Council Directive 91/414/EEC (OJ No. L230, 19.8.91, p.1 to be read with corrigenda published in OJ No. L170, 25.6.92, p.40) concerning the placing of plant protection products on the market ("the Directive"), as amended by Commission Directive 93/71/EEC (OJ No. L221, 31.8.93, p.27), Commission Directive 94/37/EEC (OJ No. L194, 29.7.94, p.65), and Commission Directive 94/79/EC (OJ No. L354, 31.12.94, p.16), and Council Directive 94/43/EEC (OJ No. L227, 1.9.94, p.31), and supplement the Plant Protection Products Regulations 1995 (S.I. 1995/887) ("the principal Regulations"), which implement the Directive in Great Britain (regulation 3 of these Regulations).

The principal services and approvals in connection with which fees are prescribed in these Regulations are-

(a)the preliminary examination and evaluation of an application made through the Ministry to the Commission of the European Communities under regulation 4(1) of the principal Regulations for the listing of an active substance in Annex I to the Directive, such listing being necessary to secure standard approval of any plant protection product containing that active substance under regulation 5 of the principal Regulations (items 1, 2 and 4 of the Schedule to these Regulations);

(b)the preliminary examination and evaluation of an application under regulation 7 of the principal Regulations for the issue by the Ministry of a provisional approval of a plant protection product containing an active substance not yet listed in Annex I to the Directive (items 1, 2 and 4 of the Schedule to these Regulations);

(c)the preliminary examination and evaluation of an application under regulation 5 of the principal Regulations for the issue by the Ministry of a standard approval of a plant protection product containing an active substance listed in Annex I to the Directive, and of an application under regulation 5(2) or (3) of the principal Regulations for the issue by the Ministry of a renewal of such a standard approval (items 3 and 12 of the Schedule to these Regulations);

(d)the preliminary examination and evaluation of an application under regulation 8 of the principal Regulations for the issue by the Ministry of an emergency approval of a plant protection product (item 8 of the Schedule to these Regulations);

(e)the preliminary examination and evaluation of an application under regulation 9 of the principal Regulations for the issue by the Ministry of an approval of a plant protection product for trial purposes (item 9 of the Schedule to these Regulations);

(f)the preliminary examination and evaluation of an application under regulation 10 of the principal Regulations for the extension by the Ministry of the use of a plant protection product already approved under regulation 5 of the principal Regulations (item 10 of the Schedule to these Regulations);

(g)the preliminary examination and evaluation of an application under regulation 11 of the principal Regulations for the issue by the Ministry of an approval of a plant protection product already approved in another EEA State (item 11 of the Schedule to these Regulations); and

(h)the preliminary examination and evaluation of an application under regulation 13(7) of the principal Regulations for the modification by the Ministry of any approval of a plant protection product granted under the principal Regulations or of an extension of use granted under regulation 10 of those Regulations (item 13 of the Schedule to these Regulations).

The fees are set out in the Schedule to these Regulations, which must be read with the Notes thereto (regulation 3(3)). Provision is made for the payment of a smaller fee, at the Ministry's discretion (regulation 3(2)). The time at which the prescribed fees must be paid is governed by regulation 4.

A compliance cost assessment has been prepared in respect of both these Regulations and the principal Regulations. Copies of this assessment can be obtained from the Pesticides Safety Directorate of the Ministry of Agriculture, Fisheries and Food, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 2PX. A copy has been placed in the library of each House of Parliament.