1 Amendments of María SORNOSA MARTÍNEZ related to 2006/0136(COD)
Amendment 269 #
Article 36 – paragraph 3
3. By way of derogation from paragraph 2 and subject to Community law, appropriate conditions may be imposed with respect to the requirements referred to in points (a) and (b) of Article 31(3) and other risk mitigation measures deriving from specific conditions of use. Where the concerns of a Member State related to human or animal health or the environment cannot be controlled by the establishment of national risk mitigation measures referred to in the first subparagraph, a Member State may as a last resort refuse authorisation of the plant protection product in its territory if, due to its very specific environmental or agricultural circumstances, it has substantiated reasons to consider that the product in question poses a serious risk to human or animal health or the environment. It shall immediately inform the applicant and the Commission of its decision and provide a technical or scientific justification therefor. Member States shall provide for a possibility to challenge the decision refusing the authorisation of such product before the national courts or other instances of appeal.