When is an exemption granted for a product (plant protection product or biocidal product)?
An exemption from the articles in the Wgb (Plant Protection Products and Biocidal Products Act) which state that a product can only be placed on the market and used 'if an authorisation is issued in accordance with this Act' is possible for a product that does not have an authorisation or for a non-authorised use of the product. The exemption is granted only for a limited period and always concerns limited and controlled use.
An exemption for a plant protection product is issued for a period of no more than 120 days. The exemption concerns a 'limited and controlled use, where such a measure appears necessary because of a danger which cannot be contained by any other reasonable means' (Article 53 European Regulation on Plant Protection Products 1107/2009; Article 38 Wgb). The exemption is issued by the Minister of Economic Affairs. An application for an exemption can be submitted to the Netherlands Food and Consumer Product Safety Authority (NVWA).
An exemption for a biocidal product is issued for a period of no more than 180 days. The exemption concerns 'a limited and controlled use under the supervision of the competent authority, if such a measure is necessary because of a danger to public health, animal health or the environment which cannot be contained by other means' (Article 55 Biocidal Products Regulation 528/2012; Article 46 Wgb). The exemption is issued by the Minister of Infrastructure and Environment. An application for an exemption can be submitted to the Ministry of Infrastructure and Environment
Role of the Ctgb in the exemption procedure
After submitting a request for an exemption of a plant protection product or a biocidal product, the Netherlands Food and Consumer Product Safety Authority (plant protection products) or the RIVM (biocidal products) determines whether the product is eligible for an exemption by considering the established requirement (‘a danger which cannot be contained/controlled by any other reasonable means'). Subsequently, the Ctgb investigates and assesses the risks resulting from the intended use and makes a corresponding recommendation to the Netherlands Food and Consumer Product Safety Authority or the Ministry of Infrastructure and Environment. The departments concerned then consider the recommendation of the Ctgb in their decision about the exemption.
About 20 requests for exemptions of plant protection products are submitted annually. Exemption decisions are published in the Staatscourant (Netherlands Government Gazette). An overview of exemption decisions can be generated with the search function.