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Chapter III · PLANT PROTECTION PRODUCTS  ›  Section 1 · Authorisation › Article 44

Withdrawal or amendment of an authorisation

1.   Member States may review an authorisation at any time where there are indications that a requirement referred to in Article 29 is no longer satisfied.

A Member State shall review an authorisation where it concludes that the objectives of Article 4(1)(a)(iv) and (b)(i) and Article 7(2) and (3) of Directive 2000/60/EC may not be achieved.

2.   Where a Member State intends to withdraw or amend an authorisation, it shall inform the authorisation holder and give him the possibility to submit comments or further information.

3.   The Member State shall withdraw or amend the authorisation, as appropriate, where:

(a)

the requirements referred to in Article 29 are not or are no longer satisfied;

(b)

false or misleading information was supplied concerning the facts on the basis of which the authorisation was granted;

(c)

a condition included in the authorisation has not been met;

(d)

on the basis of developments in scientific and technical knowledge, the manner of use and amounts used can be modified; or

(e)

the authorisation holder fails to comply with the obligations resulting from this Regulation.

4.   Where a Member State withdraws or amends an authorisation in accordance with paragraph 3, it shall immediately inform the holder of the authorisation, the other Member States, the Commission and the Authority. The other Member States belonging to the same zone shall withdraw or amend the authorisation accordingly taking into account national conditions and risk mitigation measures except for cases where the second, third or fourth subparagraphs of Article 36(3) have been applied. Article 46 shall apply where appropriate.

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