The principle of mutual recognition of plant protection products is laid down in Article 40 of Regulation (EC) No. 1107/2009. The authorisation holder of a plant protection product in one Member State can apply for authorisation of the same product, the same uses and in the same agricultural and climatological conditions in another Member State. There are however restrictions. Mutual recognition is only possible if
- the original authorisation was granted by a Member State (reference Member State) which belongs to the same zone (see zonal procedure);
- the original authorisation was granted by the reference Member State which belongs to a different zone, provided that the authorisation for which the application was made is not used for the purpose of mutual recognition in another Member State within the same zone;
- the authorisation was granted by a Member State for use in greenhouses, or as post-harvest treatment, or for treatment of empty rooms or containers used for storing plant or plant products, or for seed treatment, regardless of the zone to which the reference Member State belongs.
The following details are essential for an application for mutual recognition (art. 42 of Regulation (EC) No. 1107/2009):
- a copy of the authorisation granted by the reference Member State as well as a translation of the authorisation into an official language of the Member State receiving the application;
- a formal statement that the plant protection product is identical to that authorised by the reference Member State;
- a full or abridged dossier (see article 33, paragraph 3 of Regulation (EC) No. 1107/2009), at the request of the Member State;
- an assessment report of the reference Member State containing information on the evaluation.
A decision is taken with 120 days after reception of the application.
You can find detailed information in our guide.