Mutual recognition

The authorisation of a biocidal product (BP) can be recognised in other Member States (MSs) in accordance with the mutual recognition (MR) procedures to avoid duplication of the evaluation. There are two procedures: mutual recognition in sequence (MRS) which is relevant where there is an existing authorisation, and mutual recognition in parallel (MRP) which is relevant where the initial application for national authorisation (NA) and the applications for MR are submitted at the same time.

Authorisation according to MRS/MRP should be granted under the same terms and conditions as the (initial) NA; however, in certain cases, the MSs concerned may propose to refuse to grant the authorisation or to adjust its terms and conditions.

The same rules as for a single BP also apply for a biocidal product family (BPF).

Settlement of disagreements

When any of the MSs concerned disagree with the conclusions of the product assessment report or with the SPC, it must send a detailed explanation of the reasons for such a position to the reference MS, all other MSs concerned and the applicant. The points of disagreement must be referred to the Coordination Group (CG)  without delay by the reference MS where the MSs use their best endeavours to reach an agreement. The applicant is allowed to present its point of view. When an agreement is not reached by the CG within 60 days, the reference MS informs Commission (COM) which takes a final decision by means of an implementing act. COM may either ask ECHA for an opinion on scientific and technical issues (through the BPC) or give an opportunity to the applicant to comment (30 days) in order to conclude on its decision.