Mutual recognition of approvals
11.—(1) Where—
(a)a plant protection product has been authorised under the Directive to be placed on the market and used in another EEA State,
(b)all the active substances contained in that plant protection product are included in Annex I, and
(c)the agricultural, plant health and environmental (including climatic) conditions relevant to the use of the plant protection product in that other EEA State are comparable to those in Northern Ireland.
any person may apply to the Department for approval of that plant protection product under this regulation.
(2) An applicant for an approval under this regulation must substantiate the comparability condition referred to in paragraph (1)(c) with documentary evidence.
(3) To the extent that it is satisfied that that comparability condition is met, the Department shall not require the repetition of tests and analyses already carried out in connection with the authorisation of the plant protection product in that other EEA State and shall grant the application.
(4) An approval granted under this regulation may specify conditions, resulting from the implementation of other measures in accordance with Community law, relating to the conditions for distribution and use of plant protection products in question that are intended to protect the health of the distributors, users and workers concerned.
(5) An approval granted under this regulation may also specify conditions by way of restrictions on use which arise from differences in dietary patterns between Northern Ireland and the EEA State concerned and which are necessary in order to avoid exposure of consumers of treated products to the risks of dietary contamination in excess of the acceptable daily intake of the residues concerned.
(6) An approval granted under this regulation may, with the agreement of the applicant, specify modifications in the requirements or conditions of use subject to which the plant protection product was authorised in order to render any non-comparable agricultural, plant health or environmental (including climatic) conditions irrelevant for the purpose of satisfying the comparability condition.
(7) Any person who contravenes or causes or permits any person to contravene any requirement or condition of an approval granted under this regulation shall be guilty of an offence.