The "mutual recognition" procedure enables the authorization of a plant protection product as part of a simplified procedure, provided that a valid authorization already exists for the same product in another Member State. The details of the procedure and the application requirements are explained below. The Federal Office for Food Safety (BAES) expressly draws attention to the formal requirements for applications for mutual recognition of an authorization from another Member State in accordance with Article 40 of Regulation (EC) No. 1107/2009.

Legal basis

Articles 40-42 of Regulation (EC) No 1107/2009 regulate the basic requirements and the procedure for authorization within the framework of mutual recognition of plant protection products - see legal text.Further information on the mutual recognition procedure can be found in the European Commission's guidance document.

Application procedure

In order for the BAES to process applications for mutual recognition, the formal requirements laid down in Article 42 of Regulation (EC) No. 1107/2009 must be fulfilled. This applies in particular to the assessment report of the reference Member State required in Article 42 (1) d), which must be submitted in full, i.e. including all parts of the assessment (Registration Report: Part A, all Part B, Part C), with the application. Applications must be submitted in writing using the application form below, including all required documents, either electronically by e-mail to: ppp@baes.gv.at or by post to BAES. In the case of a product containing one or more active substances classified as a candidate for substitution within the meaning of Article 24, the application for mutual recognition must also be accompanied by the documents required for the comparative assessment in accordance with Article 50.

Required documents

• Application form
• Complete assessment report ("Registration Report" (RR)) Part A-C
• Notification of authorization from the reference Member State
• Formal declaration according to Art. 42 para. 1 lit. b
• Safety data sheets
• Letter of Access (LoA) for the product if required
• Documents for the comparative assessment according to Art. 50 if required

Procedural steps

After receipt of the complete application documents, BAES carries out a formal review of the application. If discrepancies or incomplete application documents are found, the applicant will receive a request for improvement, which must be complied with within the set deadline.Agricultural and ecological conditions specific to the territory of the Republic of Austria within the meaning of Art. 36 para. 3 include agricultural structures (in particular with regard to small-scale farming) and soil conditions. BAES uses the services of the Austrian Agency for Health and Food Safety (AGES GmbH) for technical queries and any inspections of the specific requirements.

Fees

The current fees for authorization procedures within the framework of mutual recognition in accordance with Art. 40 can be found in the applicable plant protection product fee tariff, published in the Official Gazette of the BAES