The Approval of So-Called Basic Substances under Regulation (EC) No 1107/2009 and Its Limits

The basic substance procedure of the Regulation (EC) No 1107/2009 (PPR) raises a number of questions in practice, most of which have not yet been decided by the courts. The marketing criterion is often at the centre of legal discussions, as it enables authorisation holders for plant protection products to take advantage of the privileged position in the market granted to them by the PPR compared to the approval of a substance as a basic substance. This article assesses the scope and function of the “Marketing Criterion” as safeguard mechanism and its application in practice.

Author: Christian Stallberg, Christian Binder