The law 43/2002, 20 November, plant, in its article 23.1. b) provides for the obligation of labelling of plant protection products, in its article 24 registration of trade of their authorizations in the official register of products and plant Material and maintain up-to-date registration and, in its article 40, labelling obligation must be met by the owners of the respective authorizations whether or not the manufacturer thereof. In the same article 40 also establishes the conditions for sobreetiquetar such products.
The Royal Decree 2163 / 1994 of 4 November, whereby the community harmonised authorisation system is implanted to market and use of plant protection products, in its article 24 establishes that the referred registration is prerequisite to market these products in Spain and, in articles 27 and 28, establishes the rules for the labelling of plant protection products placed on the market in Spain (, requiring in particular, in article 27.1. to), that on the label include the trade name or appropriate heading.
The order of the Ministry of agriculture, fisheries and food, on August 4, 1993, which lays down the requirements for applications for authorisations of plant protection products, has been modified five times to update these requirements and in particular its annex I, containing the official form for the submission of requests and instructions to fill it It has been last amended by order of 20 June 2001, of the same ministerial department. Still, be warned that not adequately covered the requirements relating to designations alternatives to brand name referred to in article 27.1. to) of the mentioned Royal Decree 2163 / 1994.
This provision is intended modification of the aforementioned order of 4 August 1993 including the requirements for the applications relating to commercial designations concerned in order to facilitate the implementation of the provisions of paragraph 1 of article 13 and paragraph 2 of article 18 of the concerned Royal Decree 2163 / 1994.
In the processing of this order have been consulted the autonomous communities and the organizations representing the sectors concerned.
By virtue, I have: article only. Modification of the order of the Ministry of agriculture, fisheries and food, on August 4, 1993, which lays down the requirements for applications for authorisations of plant protection products.
The order of the Ministry of agriculture, fisheries and food on August 4, 1993, which lays down the requirements for applications for authorisations of plant protection products, is hereby amended as follows: one. Paragraph 3 of article 8 is replaced by the following: «applications for authorisation of modifications, such as the inclusion of nonproprietary names, which do not affect the nature and properties of the plant protection product or its active substances, shall be accompanied by an explanation of the reason and of supporting documents, if necessary.
«Such requests may not contemplate any other kind of variation on the conditions and requirements laid down in the authorisation for each plant protection product, particularly in terms of its composition, size and type of containers, and to the content and presentation of the labels.»
Two. The heading instructions for completing the form, annex I shall be amended as follows: to) the following subparagraph shall be added at the end of paragraph A.1: «where he is include in the authorization nonproprietary names, check the box 'other' and then specify that you it's a common name.»
(b) at the end of paragraph D.1, the following subparagraph is added: "In the case of common denominations, include these in paragraph 3 and, if space is insufficient, refer to the attached document of explanation of reasons which relate."
(c) at the end of paragraph H, the following subparagraph is added: «Where the applicant is not the manufacturer of the plant protection product, but the same dealership, must accompany acceptance of the manufacturer for the use of the new common name.»
3. In annex II, a new paragraph shall be added to paragraph 1.2, with the following content: «(Cuando se trate de las solicitudes a que se refiere el apartado 3 deel artículo 8, la propuesta a que se refiere la letra b) consist of a single document containing the proposal for a common name that is requested and the corresponding explanatory statement» (, and the documentation referred to in point (c)) shall include information showing that it is one of the cases covered by paragraph 3 of article 8, and no breach of the rules applicable. In any case, another modification that is different from the format of the labels, in which brand all paragraphs that are part of the label of the holder of the authorization may be requested. It shall specify the name and registered office of the trader, and will consist of a clear and visible manner its registration number and the name of the product. Label not may have a format that rise to confusion with other product registered and present on the market.'
Sole additional provision. Brands.
Provisions of this order shall be without prejudice to the use of names, names, logos or other images identification of companies, registered in accordance with the law 17/2001 of 7 December, of brands.
First final provision. Skill-related title.
This order is issued on the basis of article 149.1.13. ª of the Constitution, which is attributed to state the exclusive competence in the field of bases and coordination of the general planning of economic activity.
Second final provision. Entry into force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, October 18, 2011.-the Minister of environment and Rural and Marine Affairs, Rosa Aguilar Rivero.