Brexit will have profound implications on the EU regulatory regime for plant protection products, as this will no longer directly apply to the UK. This includes Regulation (EC) 1107/2009, concerning placing of plant protection products on the market; Regulation (EC) 396/2005, the MRL regulation; and Regulation (EC) 1272/2008, the classification and labelling regulation (CLP).
All the above regulations assigned the regulatory functions to the Commission, EFSA and to individual member states, including the UK.
The Commission are informing businesses that there may be certain legal repercussions if the UK becomes a third country, particularly noting that, if this happens, the UK will not be permitted to act as a rapporteur Member State, zonal rapporteur Member State or evaluating Member State.
The Commission Services are working with Member States and EEA countries in order to establish a coordinated way forward for a timely communication, agreement and technical transfer of files in case that change is needed. This will be particularly relevant for the review programme of existing active substances, for which the UK was assigned by law (Commission Implementing Regulation (EU) 686/2012) as rapporteur and co-rapporteur Member State.
Although the UK are still accepting applications, if the evaluation is not complete by the date of Brexit, then the application will be transferred to another MS. Companies are therefore well advised to consider the likely evaluation timeframes involved with respect to Brexit and decide whether applying to a MS in mainland EU instead of the UK may be more appropriate.
On CLP regulations, a new section on the ECHA webpages provides information on the impact of the United Kingdom’s withdrawal from the European Union on the work of the Agency, as well as advice to business operators in the format of questions and answers. This can be accessed through the following link: https://echa.europa.eu/uk-withdrawal-from-the-eu
For further advice or support on the potential impact of Brexit for your products please contact us on +44 (0)1423 520245 or email@example.com.
ERM Regulatory Services Limited
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Harrogate, North Yorkshire
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