Extract from joint statement, issued 19 June 2018 re Brexit & pending SPCs

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Below is an extract from the joint statement, issued on 19 June 2018, from the negotiators of the EU and the UK on progress of negotiations under Article 50 TEU on the UK’s orderly withdrawal from the EU in relation to pending applications for supplementary protection certificates (SPCs).

Article 56

Pending applications for supplementary protection certificates in the United Kingdom

  1. 5 and Regulation (EC) No 469/2009 of the European Parliament and of the Council6 shall apply in respect of applications for supplementary protection certificates for plant protection products, for medicinal products, or applications for the extension of the duration of such certificates, submitted to an authority in the United Kingdom before the end of the transition period where the administrative procedure for the grant of the certificate concerned or of the extension of its duration was ongoing at the end of the transition period.
  2. Any certificate granted pursuant to paragraph 1 shall provide for the same level of protection as that provided for in Regulation (EC) No 1610/96 or Regulation (EC) No 469/2009