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Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC
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1.The Member State to which an application under Article 40 is submitted shall, having examined the application and the accompanying documents referred to in Article 42(1), as appropriate with regard to the circumstances in its territory, authorise the plant protection product concerned under the same conditions as the Member State examining the application, except where Article 36(3) applies.
2.By way of derogation from paragraph 1, the Member State may authorise the plant protection product where:
(a)an authorisation under point (b) of Article 40(1) was applied for;
(b)it contains a candidate of substitution;
(c)Article 30 has been applied; or
(d)it contains a substance approved in accordance with Article 4(7).
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