Plant protection products on non-cultivated land; application for a derogation for use

In justified exceptional cases, the competent licensing authority may grant a derogation for the use of plant protection products on land not used for agriculture, forestry or horticulture.

The use of plant protection products is generally prohibited on paved open spaces and other open spaces that are not used for agriculture, forestry or horticulture (non-cultivated land), as well as in and directly adjacent to surface waters and coastal waters.

In justified exceptional cases, the competent licensing authority may grant an exemption for the use of plant protection products on non-cultivated land upon application, Section 12 (2) of the Plant Protection Act (PflSchG).

A strict standard is applied when examining the requirements for a derogation and the use of plant protection products must be limited to what is absolutely necessary.

Exemptions can only be granted if the intended purpose is urgent and cannot be achieved in any other way with reasonable effort and if there are no overriding public interests, in particular the protection of humans and animals or the ecosystem, to the contrary.

The urgency of the requested plant protection product application must be adequately justified in the application, for example with regard to traffic safety or the fire and explosion safety of the plant.

You can apply for the exemption permit at the Office for Food, Agriculture and Forestry (AELF), which is responsible for the administrative district. This office is responsible for checking and issuing the exemption permit.

Applications that go beyond the area of responsibility of an office must be submitted to the Institute for Plant Protection of the Bavarian State Institute for Agriculture.

Applications can be submitted informally by e-mail or post together with the above-mentioned documents.

If all the necessary documents for processing are available, the application should be submitted at least six weeks before the planned use of the plant protection product. If the documentation is incomplete, more time should be allowed for the approval procedure.

If the licensing authority has all the necessary documents, the application can be processed within four to six weeks.

EUR 60 to EUR 600 per application, depending on the processing effort

In areas of importance for nature conservation (Section 4 of the Plant Protection Application Ordinance, PflSchAnwV), in addition to the exemption permit in accordance with Section 12 (2) PflSchG, a further exemption permit from the lower nature conservation authorities in accordance with Section 4 (2) PflSchAnwV is required.

• You must provide the following information or submit the following documents:
  • Name and contact details of the applicant
  • Reasons why non-chemical methods represent an unreasonable effort compared to the use of plant protection products
  • Complete list of the areas to be treated with a description of the nature, type of attachment and size (clear identification by the competent authority must be possible)
  • Approval number of the plant protection product intended for use
  • If applicable, statements from the lower water or nature conservation authority or other documents or information (e.g. site plans, certificates of competence)