It should be stressed that 91/414 does NOT deal with parallel import as such, but allows for its implementation and stresses the goal of free movement of goods :


Directive 91/414/CEE

The directive states the removal of barriers to trade as one of its main objectives right from the start. The preambles include:

  1. Whereas, in view of the hazards, there are rules in most Member States governing the authorisation of plant health products; Whereas these rules present differences which constitute barriers not only to trade in plant protection products but also to trade in plant products, and thereby directly affect the establishment and operation of the internal market;
  2. Whereas it is therefore desirable to eliminate such barriers by harmonising the provisions laid down in the Member States;
  3. Whereas uniform rules on the conditions and procedures for the authorisation of plant protection products must be applied by the Member States;


The directive deals with active substances although Monographs include studies on the active as well as on a formulation.

However, it would not make sense to leave it to Member State to register different formulations that could lead to partitioning the single market hence defeating the purpose of the directive as stated in its preambles.