Article 53 – Emergency situations in plant protection

Date: 1 May 2020

Regulation 1107/2009 has a subsection dealing with “Derogations”, i.e. situations when the strict rules of the Regulation do not apply as strictly as they are laid down in the previous sections. Article 53, the first article in this subsection, deals with emergency situations. It stipulates that in an emergency situation to plant protection or ecosystems that cannot be managed by any other reasonable means, Member States may grant the authorisation for a plant protection product by the way of derogation from Article 28 of the regulation (EC) 1107/2009. Please note: this measure is a Member State issue and your application should be addressed to the relevant Member State … but you also have to enter the application into the European electronic “Plant Protection Products Application Management System (PPPAMS)”. And though Member States are fully responsible when granting such authorisations, these are reviewed at Community level.

Such an authorisation is limited for a period not exceeding 120 days. It is for a controlled and limited use and also defines the amount of product that might be sold under this derogation.

Accompanying information that might be asked by the authorities are, for instance, a description of the danger and the plant or crop situation, the type and danger to the plant production or ecosystem, size and effect of danger, the absence of any other reasonable means, mitigation measures or whether formal applications according to the Regulation are in progress or which research activities are on-going. Last (not least) a supporting letter by e.g. growers associations in the respective country is helpful (and sometimes necessary).

Dörte Goertz