30If the plant protection product concerned must be regarded as having already been authorised in the Member State of importation, the competent authorities of that State must allow the product concerned to have the benefit of the marketing authorisation issued to the plant protection product already on the market, unless that is precluded by considerations relating to the effective protection of human and animal health and of the environment (see, to that effect, Smith & Nephew and Primecrown, paragraphs 29 and 32, and British Agrochemicals Association, paragraph 36). Accordingly, a plant protection product introduced into the territory of a Member State as a parallel import cannot, automatically or absolutely and unconditionally, have the benefit of a marketing authorisation issued to a plant protection product already on the market of that State.
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