Regulating pesticides during the transition period
The UK is not a Member State of the EU. However, until the end of the transition period market access should continue on the same terms as before.
What businesses need to know
During the transition period:
- all active substance approvals, Plant Protection Products (PPP) authorisations and Maximum Residue Levels (MRLs) in place before exit day continue to be valid in the UK
- Any new EU decisions will apply to the UK. This includes active substance and MRL decisions and any new EU PPP legislation
- HSE remains the UK’s national regulator, on behalf of the UK Government (Defra) and the devolved administrations
- Applicants, authorisation holders and approval holders can be based anywhere in the world, as was the case before exit day
- As it is not an EU Member State, the UK can no longer lead on evaluations under the EU regime. Businesses wishing to submit an active substance or MRL application for the EU will need to apply to an EU member state’s regulatory authority
- HSE no longer acts as the lead for zonal product authorisation applications. These must be made to another EU member state
- The UK has no formal role in EU decision making processes
More detail about what has changed in the transition period
Applications for active substance approvals
During the transition period applications for active substance approvals in the EU need to be made to an EU member state, not to HSE.
Existing active substance approvals remain valid and new EU active substance approval decisions will apply to the UK
Maximum Residue Levels (MRLs)
During the transition period, applications relating to setting MRLs in the EU will need to be made to an EU member state, not to HSE.
Existing MRLs remain valid and new EU MRL decisions will also apply to the UK.
Applications for product authorisations
HSE continues to process PPP applications for the UK market. New applications will be considered against the current EU rules and standards.
Existing product authorisations remain valid.
HSE can no longer act as a zonal Rapporteur Member State (zRMS).
During the transition period HSE will continue to accept and process applications under Article 40 for UK national authorisation.
HSE will no longer accept new applications to act as a concerned Member State in the EU zonal product authorisation process (following zonal applications), this is because the registration report is not expected to be finalised before the end of the transition period. These should now be submitted as UK only applications. These can be submitted to the UK in parallel to the EU application or once the EU evaluation has been completed.
As was the case before the UK left the EU, HSE will continue to make use of other regulators work where possible and appropriate to support UK decisions.
We will continue to be able to review or withdraw a product authorisation in the UK if it is deemed necessary to protect human health and the environment.
HSE cannot assess the EU technical equivalence of a new source of active substance during the transition period.
Any new sources of active substance included in applications where authorisation will be completed during the transition period, would need to have been approved in the EU.
Applications started before exit day
Active substance approval applications which were still under consideration on exit day have been transferred to an EU member state.
PPP applications to HSE with the UK as a zRMS, still under consideration on exit day have been transferred to an EU member state to lead.
HSE will complete any ongoing applications where the UK is a concerned Member State to conclude a national UK decision. HSE can no longer comment on EU evaluations and the applicant may need to provide HSE with the finalised EU registration report.
Trading in plant protection products
The statutory requirements for authorisation of products to be marketed remains unchanged.
The statutory requirements for record keeping by producers, suppliers, distributors, importers, exporters and users remain unchanged.
Existing parallel trading permits for PPPs remain valid. HSE will continue to accept applications for parallel trading permits until the end of the transition period.
Seeds treated with a product authorised for that use in any EU member state can continue to be traded in the UK and the EU.
Information for pesticides users
Existing product authorisations remain valid, so the same products continue to be permitted to be marketed and used.
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