{
  "url": "https://openlegislation.uk/eu-regulation-2009-1107/article-28",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-1107/article-28.json",
  "legislation": "eur/2009/1107",
  "legislation_title": "Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-1107",
  "path": "article/28",
  "kind": "article",
  "number": "28",
  "heading": "Authorisation for placing on the market and use",
  "text": "1. A plant protection product shall not be placed on the market or used in a constituent territory unless it has been authorised by the relevant competent authority in accordance with this Regulation.\n2. By way of derogation from paragraph 1, no authorisation shall be required in the following cases:\n(a) use of products containing exclusively one or more basic substances;\n(b) placing on the market and use of plant protection products for research or development purposes in accordance with Article 54;\n(c) production, storage or movement of a plant protection product intended for use in the constituent territory of another competent authority, provided that the product is authorised by that other competent authority for that constituent territory;\n(d) production, storage or movement of a plant protection product intended for use outside Great Britain provided that there are inspection requirements in place to ensure that the plant protection product is exported from the United Kingdom or, where the product is intended for use in Northern Ireland, is transported to Northern Ireland;\n(e) placing on the market and use of plant protection products for which a parallel trade permit is in force in accordance with Article 52A and, for these purposes, a plant protection product subject to a grace period granted in accordance with Article 46 (as applied by Article 52A) is to be treated as though it were a product for which a parallel trade permit is in force.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 28(1) inserted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(a)(i) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 28(1) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(a)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 28(2)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(i)(aa) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 28(2)(c) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(i)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(aa) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(bb) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Art. 28(2)(d) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(ii)(cc) (with Sch. 1) (as amended by S.I. 2020/1376, regs. 1(4), 3(5)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Art. 28(2)(e) substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 5(2)(b)(iii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Art. 28(2)(e) substituted (31.12.2023) by The Plant Protection Products (Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1321), regs. 1(2), 4(2) (with reg. 5)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/1107/article/28",
    "retrieved_at": "2026-11-01T14:51:07.189108+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}