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Permission for the use of an approved plant protection product in another application area according to § 22 (2) PflSchG

Service Description

Plant protection products may only be used if

  • the products are approved
  • the authorization is not suspended and only
  • in the respectively valid areas of application (crop and harmful organism) specified in the authorization
  • in accordance with the valid conditions of use specified in the authorization.

In many horticultural crops, which are only cultivated on a small scale, but also in special agricultural crops, the possibility of using plant protection products is limited or non-existent, as there are usually only a few approved products for this purpose. However, the problem of "control gaps" can also exist with certain harmful organisms that cause damage worthy of control only sporadically and in certain areas and were therefore not taken into account in regular approvals.

In these situations, an operational case-by-case approval can be requested for the use of an approved plant protection product in an additional application area. The validity of a permit is always limited to the applying farm and the area applied for. It may be subject to additional conditions.

Process flow

It is recommended to obtain prior advice on the approvability of the intended application and possible alternatives.
The application must be submitted using the relevant form to the responsible official body of the federal state in which the relevant areas of cultivation are located. The data recorded in the application are of fundamental importance in the approval procedure and must therefore be correct and complete.
The office checks the completeness, the factual correctness of the application data and the existence of the requirements for a permit. If there are any queries or additional requirements, you will be contacted.
A permit is issued by means of a notice subject to a fee. It is only valid for the applying company and for the areas applied for.

Supplement for Thuringia:

The permit is limited to a maximum of 3 years and may contain further conditions.

Who should I contact?

Thuringian State Office for Agriculture and Rural Areas (TLLLR)
Department 23
Kühnhäuser Str. 101
99090 Erfurt-Kühnhausen


Competent authority

Thuringian State Office for Agriculture and Rural Areas (TLLLR)
Department 23
Kühnhäuser Str. 101
99090 Erfurt-Kühnhausen


Requirements

  • Approvability exists for crops that are grown only on a minor scale, or
  • against harmful organisms that cause significant damage only in certain areas.
  • Approvals can only be granted for approved plant protection products
  • Medium application rates and number of applications may not be higher than for an approved area of application
  • plant protection products may only be approved for the area of application that corresponds to the authorization (e.g. outdoor, greenhouse)
  • foodstuffs obtained from these plants or plant products may only contribute to the daily diet to a minor extent
  • for plants and their products used for nutrition: no exceeding of the expected legally defined maximum residue levels of the active substance when used as intended and in the appropriate manner
  • Companies in agriculture, horticulture or forestry that use plant protection products for commercial purposes or in the context of other economic undertakings are eligible to apply. In addition, legal entities (e.g. growers' associations) may submit collective applications on behalf of their members.
  • The validity of a permit is always limited to the applying farm and the area applied for, and may be subject to additional conditions.
  • a permit for seed treatment may only be granted if the treated seed is used exclusively on the own farm.

Supplement for Thuringia:

Permits are issued for a maximum of three years. After expiry, an extension can be applied for if the need continues to exist. The processing of applications for Section 22 permits is subject to a fee.

Which documents are required?

  • truthfully and completely filled in application form.
  • In the case of a residue-relevant application, additionally available documents, if applicable, which document findings on the residue situation after application of the plant protection product applied for

What are the fees?

For Thuringia:

  • Approval single application 25 Euro
  • Approval collective application 25 Euro + 10 Euro per additional company
  • Extension of a permit 15 Euro
  • Extension of collective application 15 Euro + 5 Euro per additional company

What deadlines do I have to pay attention to?

Thuringia:

Since processing times of several weeks may arise depending on the indication applied for, the application should be submitted in good time before the planned use of plant protection products. In addition, prior consultation on the approvability of the intended application and possible alternatives is recommended.

Processing duration

Thuringia:

Processing time individual, as decisions are made on a case-by-case basis; usually 2 to 8 weeks

Legal basis

Applications / forms

For Thuringia:

You can lodge an objection against this administrative act with the Thuringian State Office for Agriculture and Rural Areas, based in Jena, within one month of notification. The deadline is also met by timely receipt at a branch office of the state office.

Appeal

Application for approval in individual cases in accordance with § 22 (2) of the Plant Protection Act (PflSchG) for the use of an approved plant protection product in an area of application other than that specified in the approval.

What else should I know?

Thuringia:

There is no legal entitlement to the granting of a permit.
The user bears the risk with regard to efficacy, residues on the crop and crop compatibility.
The applications of the approved plant protection products must be documented. In addition, any damage to crops caused by the approved use of plant protection products must be recorded and reported in writing to the Plant Protection and Seeds Department of the TLLLR.

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

Thuringian State Office for Agriculture and Rural Areas (TLLLR), Department 23

Professionally released on

03.02.2021