What Happens Once My Application Is Completed
The UK has left the EU, new rules from January 2021
The transition period after Brexit comes to an end this year.
What documentation will I receive once the application is completed?
If you have applied for a commercial or experimental level of authorisation or an Extension of Authorisation for Minor Use (EAMU) and:
If your application is partially or completely successful
We will send you:
- A letter which specifies the type of authorisation given, any changes required to the draft product label (except for an EAMU); details of any confirmatory data required; details of any proposed uses and/or proposed label claims that have been refused; comments on the protection status for the data submitted in support of your application (except for an EAMU) and any other additional information of which you will need to be aware; and,
- A ‘Notice of Authorisation’ detailing the governing legislation, the level and scope of the authorisation; the product identity (including the product’s unique Ministerially Approved Pesticide Product (MAPP) number); a reference to the product’s formulation details (except for an EAMU); the authorisation holder and marketing company; relevant deadlines for the submission of confirmatory data; relevant dates of expiry; the statutory conditions of use for the product and any additional advisory information. Further information on the format of a Notice of Authorisation can be found in the guidance on the structure of a Notice of Authorisation
- A copy of the Registration Report will be released to the applicant on completion of the assessment. The Registration report supplied to the applicant will not contain Section C (confidential information section) because, in some instances, there may be data provided from parties other than the applicant/authorisation holder. The registration report will not distinguish between the different data owners and the complete evaluation will be released.
This information may be provided electronically via our website and the e-approvals system (where you have chosen to receive your authorisation in this way) or by First Class delivery through the mail.
If your application is unsuccessful
We will send you a detailed letter explaining the reasons why your application has been refused and specifying what data requirements must address if you wish to make a further attempt to obtain an authorisation.
When will my authorisation expire?
Product expiry dates are set on authorisations to allow authorisation for storage or use to continue beyond the expiry date for the sale of the product. Consequently, different expiry dates will be set on most authorisations to reflect the expiry dates for sale and storage or use.
Standard authorisations will be issued with three expiry dates. The ‘authorisation end’/’permit end’ dates reflect the maximum duration and grace period specified in Regulation (EC) No 1107/2009. With the exception of provisional authorisations which cannot exceed 3 years (Article 30), permits for trial purposes (Article 54) and where changes/amendments have been made to existing authorisations ahead of the full Annex III assessment, the ‘authorisation end’/’permit end’ dates are as follows:
- [1 year from expiry date of earliest active] except as set out in (b) and (c):
- [Date (a) plus 6 months] for sale and distribution of existing stocks
- [Date (b) plus 12 months] for the disposal, storage and use of existing stocks
The (a) date comes from Article 32 (Duration) which states that the duration of an authorisation shall be set for a period not exceeding 1 year from the date of the expiry of the approval of the active substance. The (b) and (c) dates then come from the Grace Period (Article 46) which states that where a Member State withdraws or amends an authorisation or does not renew it, it may grant a grace period which shall not exceed 6 months for the sale and distribution and an additional maximum of 1 year for the disposal, storage and use of existing stocks.
However, if the active substance(s) contained in the product are withdrawn from or not renewed on the list of approved active substances included in Regulation (EU) No 540/2011, then these expiry dates may be reduced and a shorter phased withdrawal period applied.
Expiry dates for authorisations issued in accordance with previous national rules, (full and provisional), provisional and interim standard authorisations issued under PPPR and most blanket amendment notices will generally be set in the following format:
- A final date for the sale and distribution of existing stocks by any persons
A final date for the disposal, storage and use of existing stocks by any person
However, these dates may also change. For example, when a decision is taken as to whether the active substance(s) contained in the product can be included on the list of approved active substances included in Regulation (EU) No 540/2011 then expiry dates for products authorised in accordance with previous national rules may be reduced and a shorter phased withdrawal period applied.
When will my Extension of Authorisation for Minor use (EAMU) expire?
In the past EAMU documentation included a specific expiry date. However, this meant that if products had their final expiry dates extended, each extension also had to be individually re-issued to reflect the new expiry date. To streamline this process and remove the need to re-issue many notices unnecessarily, all EAMUs are now issued with the following phrase:
This Extension of authorisation ends: on the final expiry date of use for the authorised product (unless otherwise stated)
How can I check the actual EAMU expiry date?
The EAMU search results screen remains unchanged, so that the expiry date for that notice can easily be found in the results table.
The final use date for the authorised product can also be found on the product Authorisation documents available on the product searches on our web site.
What if the EAMU has a shorter expiry date than the authorised product?
Where the EAMU has a shorter deadline than the final use date for the authorised product, this date will be specified in place of the new phrase. This may occur for example where the EAMU had a specific data requirement, or where the EAMU has not been supported through re-registration.
What happens when a product or EAMU is withdrawn?
Whenever an amendment is made to an EAMU which shortens the expiry date, a new notice will be issued which contains the revised expiry date. This may arise, for example, because of a change in condition of use or because a product or EAMU is withdrawn. The reason for the re-issue of the Extension will be found in the Explanatory Notes section of the EAMU. The new date will also appear in the search results screen.
What obligations do I have as the authorisation holder once my application is completed?
Changes to the conditions of the authorisation
You may remove uses from your product label via the commercial withdrawal procedure without the need to submit an application. Otherwise you can only market your product in line with the conditions specified on the authorisation (including any label amendments). These cannot be changed unless you submit a new application. Further information on how to change these conditions can be found in the checklists for the requirements for different types of applications.
Meeting data requirements
Any associated data requirements must be addressed by the data submission deadline specified on the authorisation. These data requirements may relate to either your product as a whole or to a use specified on the label. Suitable data and/or information must be submitted to address these requirements by the data submission deadline otherwise authorisation for your product, or the affected use, will be withdrawn.
Renewals of active substance approval
When an active substance has its approval renewed under Regulation (EC) 1107/2009, you will need to take action to renew your authorisations in accordance with Article 43 of the Regulation Data packages (or dossiers) previously submitted in support of these products need to be updated and an assessment carried out to the EC harmonised standards.
What are ‘adverse data’ and what are my obligations?
As an authorisation holder you have an on-going obligation to submit immediately any new data and/or information on the potentially dangerous effects of an active substance and/or product. These data are known as ‘adverse’ and your obligations are specified on your Notice of Authorisation.
For further information on adverse data and procedures for submitting these data can be found in the guidance on adverse data.
Why would my authorisation be withdrawn?
Your authorisation can be withdrawn in the following circumstances:
- When active substances are included or renewed on the list of approved active substances(a.s.) included in Regulation (EU) No 540/2011 but products containing the a.s. are not successfully re-registered.
- the active substance(s) contained in the product are withdrawn from or not renewed on the list of approved active substances included in Regulation (EU) No 540/2011;
- significant safety or efficacy concerns with the product or a specific use;
- a requirement for the submission of data to continue with the authorisation of the product or a specific use is not met;
- data submitted in support of an application do not support the continuing authorisation of the product or a specific use;
- a product or a specific use is commercially withdrawn;
- for products not authorised/permitted to uniform principles, at the final commission deadline for re-registration of all active substances in the product;
- false or misleading information was submitted to support an authorisation/permit.
In addition, we will withdraw an authorisation for a product upon issue of a new Notice of Authorisation (eg following a new application). Further information on withdrawal of Notices of Authorisation can be found in the guidance on the withdrawal of authorisations.
Are my data protected?
Where appropriate all the data submitted in support of your application and used to make a regulatory decision will be protected in line with the provisions in the legislation under which your application was processed. The data will be protected for a period of time based on the date of issue of the original authorisation for your product and whether you change your product’s formulation and/or use.
A third party can request that we access such data in support of their application if they refer to these data and the protection date (the ‘data protection period’) for these data has passed. Any data that you submit and are not used to support a regulatory decision will not be protected (ie they are ‘outwith’ the data protection system).
Further information on data protection and data protection periods can be found in the guidance on the protection of data.
What if I want to take my authorised product or use off the market?
Commercial withdrawal of products
If you wish to withdraw your product from the market for a commercial reason (a ‘commercial withdrawal’) we would prefer that you contact us so that your authorisation can be formally withdrawn, although you are not under any obligation to do so. Details of how to apply for a commercial withdrawal of a product can be found in the guidance on commercial withdrawals.
Authorisation holders are not required to submit an application for a commercial withdrawal although they should consider their position with regard to liability if they do not do so (see the guidance on commercial withdrawals).
Commercial withdrawal of uses
If you wish to formally remove a use from the label of an authorised product and discontinue the authorisation for that use for a commercial reason, you must submit an application for a commercial withdrawal of the use, as a new authorisation will have to be issued for your product. Details of how to apply for a commercial withdrawal of a use can be found in the guidance on commercial withdrawals.
The grace periods given following the commercial withdrawal of a use may differ from the grace period following the withdrawal of a use that could occur because of a failure to meet a data submission deadline, or the period following the review of an active substance. A grace period up to the maximum authorisation period allowed for the product or use may be granted as explained in the section on authorisation expiry dates above.
- The contents page for The Applicant Guide
- Guidance documents for The Applicant Guide
- Do I need to submit an application?
- How will my application be processed?
- What should I include in an application?
- How do I make changes to an approval?