Commentaries: Art. 12

An authorisation from a Member State of the EU or EFTA shall be recognised if there is nothing to suggest that the product could not also be authorised in Switzerland.
The Notification Authority, in consultation with the assessment authorities, may amend the conditions or requirements imposed with the authorisation in an EU or EFTA Member State on the basis of the evaluation in accordance with Article 17 or a comparative assessment in accordance with Article 11g , provided that such a measure can be justified on the following grounds:
1. the protection of the environment;
2. the protection of health and life of humans, particularly of vulnerable groups, or of animals or plants;
3. public policy or public security;
4. the protection of national treasures possessing artistic, historic or archaeological value; or
5. the target organisms not being present in harmful quantities.
The labelling and safety data sheet must be adapted to the requirements set out in Articles 38 and 40.
Authorisations of biocidal products consisting of or containing genetically modified microorganisms shall not be recognised.
Article 14a ^bisapplies to the recognition of a Union authorisation.