by deleting the words “The Director” in paragraph (1) and substituting the words “Subject to paragraphs (1A) and (1B), the Director-General”;
(b)
by inserting, immediately after paragraph (1), the following paragraphs:
“(1A) Where —
(a)
a registrant of a pesticide has provided the Director-General with information relating to the safety or efficacy of the pesticide under rule 4, 5 or 6; and
(b)
the Director-General has registered the pesticide under this rule,
the Director-General shall not, for a period of 10 years from the date on which he registered the pesticide, when considering an application by any other person to register any other pesticide with the same or a similar chemical composition, treat the registration of the pesticide as a factor favourable to the granting of the other person’s application, except with the consent of the registrant.
(1B) Where —
(a)
a registrant of a pesticide has —
(i)
provided the Director-General with information relating to the safety or efficacy of a pesticide under rule 4, 5 or 6;
(ii)
made an application in a foreign country for the pesticide to be registered or approved (however described) for use in the cultivation of plants in the foreign country; and
(iii)
provided information relating to the safety or efficacy of the pesticide in support of the application in the foreign country;
(b)
the Director-General has registered the pesticide under this rule; and
(c)
the application referred to in sub-paragraph (a)(ii) has been granted,
the Director-General shall not, for a period of 10 years from the date on which he registered the pesticide or the date on which the application referred to in sub-paragraph (a)(ii) was granted, whichever is the later, when considering an application by any other person to register any other pesticide with the same or a similar chemical composition, treat the granting of the application referred to in sub-paragraph (a)(ii) as a factor favourable to the granting of the other person’s application, except with the consent of the registrant.”;
(c)
by deleting the words “paragraph (1), the Director” in paragraph (2) and substituting the words “paragraphs (1), (1A) and (1B), the Director-General”; and
(d)
by deleting the word “Director” in paragraphs (3) and (4) and substituting in each case the word “Director-General”.