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OWN USE GUIDANCE

Introduction

An “own-use” parallel import approval is separate from a commercial parallel import approval.

Like a commercial parallel import approval it relates to the import of a product which is;

  • identical to one that is already approved for placing on the market and use in the UK. (The general criteria employed by CRD in determining identicality are set out in Annex A to these guidelines); and
  • authorised for placing on the market and use in the country from which it is imported:

but unlike a commercial parallel import approval it does not allow the imported product to be placed on the market in GB. An own-use parallel import approval only allows for the product’s storage and use.

Any person may apply for an own use parallel import approval and once an own use approval has been granted, anybody may benefit from it and import the authorised product for their own use.

Details of products on the market in other EEA states that have been verified as being identical to ones on the market in the UK for the purposes of commercial parallel imports can be found on the CRD website.

Most of the rules relating to commercial parallel import approvals apply to own-use parallel import approvals. Please refer to “The Applicant Guide: Parallel import procedure”. Where there are differences in the rules, these are set out below.

Before deciding whether to import a pesticide whether under these arrangements or not, you should contact CRD’s Applicant Enquiry Team for advice, please email applicant-enquiries@hse.gsi.gov.uk.

Applications

Applications should be made using the application form IDI1 (own use) (see The Applicant Guide) to The Registration Branch Applications Sift, Chemicals Regulation Directorate, Mallard House, Kings Pool, 3 Peasholme Green, York, YO1 7PX. The form must be fully completed with an original declaration signed and dated.

Own-use fees and processing times

The fees and processing times (see our website) for dealing with own-use applications are different to those applying to commercial applications.

The processing time excludes the time it takes for CRD to obtain the formulation details from the registration authority of the exporting country in order to verify whether formulations are materially the same.

Verification is undertaken after acceptance of the application; if it shows that the products are not identical then the application will be refused.

Approval will not be given until payment of the appropriate fee has been received. CRD will send you an invoice at the time of acceptance. You can pay with the application and then wait for CRD to tell you what you owe when we have worked out the charges. Full details of fees and processing targets are given in The Applicant Guide.

Information supplied by the applicant

The application should be accompanied by a covering letter giving the name of the reference product, the name of the product to be imported, the type of approval sought and confirmation that the products concerned share common origin (see also Annex A).

It is also helpful to include a copy of the original product label from each of the countries from which it is to be imported (i.e. the label of the product as it is placed on the market). If this is not possible a note of the authorisation number of the product in the country from which it is to be imported is required.

Different arrangements apply if the product to be imported already has a commercial parallel import approval. Please contact the CRD for further advice at CRD’s Communications Team, email pesticides@hse.gsi.gov.uk or phone 01904 455775

Verification procedures

The verification procedures for an own-use parallel import are the same as those for a commercial parallel import (see The Applicant Guide), unless a commercial parallel import approval has already been granted for the product. These are set out at Annex B.

If a product to be imported has already been granted a commercial parallel import approval, it will already have been verified as being identical to one that is approved for placing on the market and use in the UK. In this case, the verification of identicality for an own-use approval will probably be very quick.

Length of approval

The own-use approval will be linked to the reference product in the same way as for commercial parallel import approvals (see Approval, Revocation/review of approvals, Approval in the country of purchase and Approval following revocation of the master product). Procedures following changes in the ‘Reference’ product are contained in Annex C.

Once approved, who can use the 'Own-Use' approval?

Once a product has been approved under the ‘Own-use’ arrangements, it may be imported by other farmers and growers for use only on their own farms and holdings. Details will appear here on this website. Currently there are two products approved for own-use only:

Product Name

Country of Origin

Identical to UK Product

MAFF / MAPP No.

Tordon_22K_M13869

Italy

Tordon 22K

13869

Tordon_22K_M05790

Italy

Tordon 22K

05790

Users must obtain a copy of the conditions of use included on our website, and comply with them when they store and use pesticides subject to own-use approvals.

The role of purchasing agents in 'Own-Use' parallel imports

A purchasing agent may carry out administrative work and arrange the purchase and delivery of products to a user under an own-use approval but should only purchase products in response to specific advance orders from clients.

If a purchasing agent buys products for which he has no orders and then places them on the market, he commits an offence.

Additional Guidance

In addition to the advice contained in this note, you should also refer to the guidance contained in CRD’s guidance for commercial parallel imports. This includes information on the general criteria used by CRD to check identicality of the imported product and the approved UK reference product. It also has advice on what will happen to an approval of a product under these arrangements if a change takes place with the ‘reference’ product.

Further Information

Regulatory Update 08/2008 - Changes to UK control arrangements following ECJ Ruling C-201/06.

Updates

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