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Derogation for an emergency situation

For dangers that cannot be contained by other reasonable means, a Member State may authorise the placing on the market of a plant protection product. This authorisation by derogation for a plant protection product is given for a limited and controlled use of this product, for a maximum of 120 days.

Exemption is granted by the Minister of Agriculture, Fisheries, Food Security and Nature, in case the product is necessary and the only reasonable way to control risks (article 53 Crop Protection Regulation 1107/2009, Article 38 CTA). An application can be submitted at the Dutch Food Safety Authority (NVWA); in Dutch only). Applications for exemptions shall be submitted by the Coordinators effective package (CEMPs) at the Ministry of Agriculture, Fisheries, Food Security and Nature. The exemptions granted can be found in the Staatscourant (Government Gazette).

Characteristics of the application

Application for derogation can only be submitted to ministry of Agriculture, Fisheries, Food Security and Nature. The application should only consist of a (temporary) solution for a urgent problem.

Criteria for this are:

  • it has to be a special circumstance
  • It must concern a danger (an agronomic expediënt cultivation is not possible without the product applied for)
  • There are no other means that can reasonably be applied to fight this danger.

To all criteria have to be complied.

Legal basis of the derogation for emergency situations can be found in Regulation (EC) no. 1107/2009 and article 38 of the Dutch law on plant protection products and biocides (WGB).

Registration process

The application can be submitted at the Dutch Food Safety Authority (NVWA). The PPP Application Management System has to be used for the application.

Instructions for submission

The application can be submitted at the Dutch Food Safety Authority (NVWA): read the instructions for submission.

Documentation

  • Article 53 of Regulatoin (EC) 1107/2009
  • Article 38 of WGB (in Dutch)
  • Working document on emergency situations according to article 53 of Regulation (EC) No 1107/2009

Documentation