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Laying Down Further Detailed Rules for the Implementation of the Fourth Stage of the Programme of Work Referred to in Article 8(2) of Council Directive 91414eectext with EEA Relevance Regulation
Article 1: Subject matter and scope
Article 2: Definitions
The following definitions shall also apply:
Article 3: Designated Member State authority
Each Member State shall give the details concerning the designated coordinating national authority to the Commission, the EFSA and the designated coordinating national authority of each other Member State and inform them of any modifications thereof.
Article 4: Notifications by producers in new Member States
That notification must be submitted as soon as possible, and no later than three months from the date the Commission has informed the Member States that no notification has been submitted for that active substance.
A Member State submitting such a notification shall thereafter be treated as the producer for the purposes of the evaluation of the active substance concerned.
Member States shall withdraw authorisations of plant protection products containing such active substances within the period prescribed in the Decision.
Article 5: Submission of dossiers by more than one notifier
Where the dossier is not submitted by all such notifiers, it shall contain details of the efforts made and the reasons why certain notifiers have not participated in the submission of the dossier.
Article 6: Submission of dossiers to the rapporteur Member State
Article 7: Dossiers for active substances submitted under Directive 98/8/EC
Article 8: Dossiers for active substances submitted under Regulation (EC) No 1490/2002
Article 9: Specific conditions for submissions of dossiers for active substances listed in Part A of Annex I
The format of the dossier shall take account of the recommendations made in accordance with the procedure referred to in Article 19 of Directive 91/414/EEC.
Article 10: Specific conditions for submissions of dossiers for active substances listed in Parts B to G of Annex I
In defining the format of the complete and summary dossiers Member States shall take account of the recommendations made in accordance with the procedure referred to in Article 19 of Directive 91/414/EEC.
Article 11: Submission of information by third parties
Such information shall be submitted to the rapporteur Member State and the EFSA. When requested by the rapporteur Member State such person shall also submit that information to the other Member States at the latest one month from the date of receipt of such a request.
Article 12: Time limits for submission of dossiers
Article 13: Non-submission of dossiers
In that case, it shall establish a new time limit for the submission of a dossier fulfilling the relevant requirements of Articles 5, 6, 9, and 10 of this Regulation in accordance with the procedure referred to in Article 19 of Directive 91/414/EEC.
Member States shall withdraw authorisations of plant protection products containing such active substances within the period prescribed in the Decision.
Article 14: Replacement or withdrawal of notifier
Where a notifier ends its participation or fails to fulfil its obligations under this Regulation, the procedures provided for in Articles 15 to 24 shall be terminated as regards its dossier.
The other producer in this case shall be jointly liable with the original notifier for any fees remaining payable in relation to the notifier's application under the regime established by Member States pursuant to Article 30.
Any Member State wishing to act as a notifier shall inform the rapporteur Member State, the Commission and the EFSA at the latest one month from the date of being informed that all notifiers have decided to end their participation and shall replace the original notifier in carrying out the notifier’s duties pursuant to the relevant provisions of Articles 4, 5, 6, 9, 10, 12 and 24.
Article 15: General Conditions for evaluations of dossiers
However, the rapporteur Member State may request the notifier to submit further data which are necessary to clarify the dossier. When doing so the rapporteur Member State shall set a time limit within which the information shall be provided. The time limit shall not affect the time limit for the submission of the draft assessment report by the rapporteur Member State to the EFSA as provided for in Article 21(1) or Article 22(1).
Article 16: Cooperation between Member States
Article 17: Specific condition for evaluations of active substances listed in Part A of Annex I
Article 18: Completeness check of dossiers for substances listed in Parts B to G of Annex I
In accordance with the procedure referred to in Article 19 of Directive 91/414/EEC it shall be decided whether a dossier is to be considered complete within the meaning of Articles 5, 6 and 10ticles' class='internal-link article' href='#art_5' data-bs-toggle='popover' data-bs-trigger='hover focus' data-bs-content='Submission of dossiers by more than one notifier' data-bs-placement='top' >5, 6 and 10.
Article 19: Specific conditions for evaluations of dossiers for substances listed in Parts B to G of Annex I
The rapporteur Member State shall take into consideration the information available on potentially dangerous effects in the other dossiers submitted by any notifier or by any third party in accordance with Article 11.
Article 20: General conditions for draft Assessment Reports
The Member States, the Commission or the EFSA may request through the rapporteur Member State that notifiers also send them an updated complete dossier or parts thereof. The notifier shall provide any such updated dossier by the date specified in the request.
Article 21: Specific conditions for draft Assessment Reports and Recommendations to the Commission for active substances listed in Part A of Annex I
That reference shall be made in the form of a list of test and study reports including the title, the author(s), the date of the study or test report and the date of publication, the standard to which the test or study was conducted, the holder’s name, and if any, the claim made by the holder or notifier for data protection.
Article 22: Specific conditions for draft Assessment Reports and Recommendations to the Commission for active substances listed in Parts B to G of Annex I
That reference shall be made in the form of a list of test and study reports including the title, the author(s), the date of the study or test report and the date of publication, the standard to which the test or study was conducted, the holder’s name and, if any, the claim made by the holder or notifier for data protection.
Article 23: Replacement of rapporteur Member State
The original Member State shall return to the notifier the part of the fee referred to in Article 30 which has not been used. The newly designated rapporteur Member State may require the payment of a further fee in accordance with Article 30.
Article 24: Evaluation by the EFSA
In exceptional cases where the draft assessment report clearly does not fulfil those requirements the Commission shall agree with the EFSA and the rapporteur Member State on a period for resubmission of an amended report which shall not exceed three months.
However, the rapporteur Member State, with the agreement of the EFSA, may request the notifiers to submit within specified time limits further data considered by the rapporteur Member State or the EFSA necessary to clarify the dossier.
Where appropriate, the EFSA shall give its evaluation of the available options claimed to meet the requirements of Article 5(1) of Directive 91/414/EEC and any data requirements identified.
The Commission and the EFSA shall agree on a schedule for the submission of the evaluation in order to facilitate the planning of the work. The Commission and the EFSA shall also agree on the format of the evaluation.
Article 25: Presentation of a draft Directive or draft Decision
Article 26: Finalised review report
Article 27: Suspension of time limits
Where the Council adopts an amendment to the Annex to Directive 79/117/EEC requiring the total prohibition of that active substance, the procedure under this Regulation shall be terminated for that active substance.
Article 28: Measures taken by Member States
Article 29: Interim progress report
Article 30: Fees
The income from such fees or charges shall be used to finance exclusively those costs actually incurred by the rapporteur Member State or to finance general activities of the Member States resulting from their obligations under Articles 15 to 24.
However, Member States may provide for a scale of fixed charges based on average costs for the calculation of the total fee.
Article 31: Other charges, taxes, levies or fees
Article 32: Temporary measures
Article 33: Entry into force
Recital 1
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Recital 16
Recital 17
Recital 18
Recital 19
Recital 20
Recital 21
Recital 22
Recital 23
Recital 24
List of active substances (column A), rapporteur Member States (column B) and notifying producers (code identification) (column C) ( *1 )
PART A
GROUP 1
LEAD RAPPORTEUR: IRELAND
Group 2.1.
LEAD RAPPORTEUR: FRANCE
LEAD RAPPORTEUR: UNITED KINGDOM
LEAD RAPPORTEUR: DENMARK
LEAD RAPPORTEUR: UNITED KINGDOM
LEAD RAPPORTEUR: SPAIN
Group 6.1.
LEAD RAPPORTEUR: BELGIUM
LEAD RAPPORTEUR: GREECE
LEAD RAPPORTEUR: AUSTRIA
RAPPORTEUR: AUSTRIA
(The Czech Republic, Poland and Italy shall be considered the rapporteur Member States in the sense of the obligation to cooperate with Austria in the evaluation, in accordance with the provisions of Article 16)
LEAD RAPPORTEURS: NETHERLANDS, SWEDEN
LEAD RAPPORTEUR: GERMANY
LEAD RAPPORTEUR: NETHERLANDS
LEAD RAPPORTEUR: POLAND
List of notifiers' code identification, names and addresses
Co-ordinating authority in the Member States (more details are available at the following webside: http://www.europa.eu.int/comm/food/fs/ph_ps/pro/index_en.htm)
Organisations in the Member States to be contacted concerning further details on the payment of the fees referred to in Article 30 and to which such fees have to be paid
Details to be notified by producers in new Member States
The notification must be made on paper and by e-mail.
The notification shall contain the following information:
Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 2004.