The Court of Justice defines the conditions for authorising the placing on the market of plant protection products imported from an EEA State or from a third country
British Agrochemicals is a British limited company which represents 39 members of the agrochemical manufacturing industry. It is challenging before the High Court the legality of the control arrangements which have governed, since 1994, the grant of marketing authorisations for pesticides imported into the United Kingdom. Those arrangements authorise the placing on the market of a plant protection product imported from a third country where that product is identical to a product already covered by such an authorisation.
It claims that those arrangements are contrary to Community law which provides a system of marketing authorisations for plant protection products, which are designed to protect plants and plant products and to improve agricultural production. That stringent system makes the grant of marketing authorisation subject to checks on the safety, quality and therapeutic effect of the products concerned which may involve risks and hazards for humans, animals and the environment.
The High Court made a reference to the Court of Justice in order to ascertain whether a Member State may authorise the placing on the market of such a product imported from another Member State, from a State belonging to the European Economic Area (an EEA State) or from a third country on the ground that it is identical to a master plant protection product which already benefits from authorisation under Community law.
The Court observed first of all that, under the directive in question, the importation of a plant protection product into the Community is tantamount to placing it on the market.
In the Court's view, a plant protection product imported from another Community Member State on a previous occasion and covered by a marketing authorisation in that State, and which may be regarded as identical to a product covered in the Member State of importation by a marketing authorisation issued in accordance with Community law, must not be subject to fresh authorisation. The competent authority of the Member State of importation must verify whether the products concerned share a common origin, were manufactured according to the same formulation and the same active ingredient was used. It must also verify whether it has the same effects, the only grounds on which such marketing authorisation may, if necessary, be refused being those relating to the effective protection of human and animal health and of the environment.
Since the relevant provisions of Community law apply throughout the territory of the European Economic Area (EEA), the Court considers that the rules previously laid down in respect of products imported from other Member States also apply to products from an EEA State. Those products must be able to benefit from the marketing authorisation already granted to an identical product in the State of importation.
Importation of plant protection products from a third country falls within a different category, and the Court observed that there is at present no harmonisation in that field at international level. The Court found that such products do not afford the requisite guarantees as to the protection of human and animal health and of the environment.
Even if they are identical to master products, they must secure marketing authorisation from the State of importation under the conditions laid down by Community law.
For media use only - unofficial document which does not bind the Court of Justice. Available in: English and French.
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