Regulating Plant Protection Products after the ‘Brexit’ Transitional Period

The Transitional period for the UK’s withdrawal from the EU ended on 31st December 2020. From the 1st of January 2021, a new independent regulatory regime for Great Britain (GB) (for England, Scotland and Wales) and the Northern Ireland Protocol (NIP) for plant protection products entered into force. The Health and Safety Executive (HSE) will remain the national regulator for both GB and Northern Ireland (NI). However, different regulations will be in force:

  • In NI, the EU regulation for plant protection products (Reg. (EC) No 1107/2009 and related regulations), plus existing maximum residues levels (MRL’s, covered by Reg (EC) No. 396/2005) will continue to apply. As such, the position remains largely unchanged.
  • In GB, the EU regulations have been copied into national law. This means that GB will still refer to Reg(s) (EC) No 1107/2009 and 396/2005 related regulations and technical guidance remains the same, but regulators can take their own decision, rather than being governed by EU decisions.

From 2021 any new EU decisions, including any new technical guidance, will not apply in GB and this is when we will begin to see further divergence between GB and the rest of the EU. An example of this is the new ‘extrapolation guidelines’ for residues data (SANTE/2019/12752) applicable from 1 January 2021. This clarifies that the UK is no longer in the Northern EU (NEU) zone for residues, although trials (up to 50% of the data package in most cases) can be considered on a case-by-case basis by Member States.

Whilst the end of this transition period and the separation of the devolved administrations may seem daunting, Staphyt experts are on hand to guide you through these new procedures.

If you need any advice on the impact on your active substance approvals or PPP authorisations, please contact Dr Lesley Young (lyoung@staphyt.com).