Article 52 - Parallel trade

Date: 4 June 2020

According to Reg (EU) 1107/2009 Art. 52, a plant protection product that is authorised in one Member State (Member state of origin) may be introduced, placed on the market or used in another Member State (Member State of introduction), if this Member State determines that the plant protection product is identical in composition to a plant protection product already authorised in its territory (reference product). The application for the parallel trade permit shall be submitted to the competent authority of the Member State of introduction and shall be granted in 45 working days if the plant protection product to be introduced is identical.

Plant protection products shall be considered as identical to the reference products if:

• they have been manufactured by the same company or by an associated undertaking or under licence in accordance with the same manufacturing process;
• they are identical in specification and content to the active substances, safeners and synergists, and in the type of formulation; and
• they are either the same or equivalent in the co-formulants present and the packaging size, material or form, in terms of the potential adverse impact on the safety of the product with regard to human or animal health or the environment.

A plant protection product for which a parallel trade permit has been issued shall be placed on the market and used only in accordance with the provisions of the authorisation of the reference product. The parallel trade permit shall be valid for the duration of authorisation of the reference product.

Annerie Liebenberg