Derogations - Article 53

Read about the possibilities to apply for a derogation of a Plant Protection Product.

A non-authorised product may be authorised for up to 120 days, if a danger exists which threatens a crop and which cannot be contained by any other reasonable means. This requires that there is no authorised product to control the danger in question. Derogations are considered on a case-by-case basis.

This is a derogation from the rules. A derogation may only be granted under certain circumstances for a limited and controlled use, if considered absolutely necessary.

The requirements for derogations are described in detail in Article 53 of Regulation No 1107/2009.

In Denmark, Plant Protection Products can only receive a derogation if safe use regarding health, the environment including groundwater can be demonstrated.

The following requirements must be fulfilled:

  • Safe use of the Plant Protection Product must be demonstrated

  • No unacceptable risk for groundwater, the environment and health must be demonstrated

  • No other suitable methods or products able to fight the concerned pest available on the Danish market, and the pest must be a severe threat

The Danish EPA will assess all applications based on the specific use and the existing available knowledge. The assessment will be performed for a wide range of conditions, e.g. timing of application, dosing, availability of other alternatives and a possible risk for the environment and health.

Applications for derogations may be submitted to

The applications must be motivated in a cover letter and attached a complete notification form.

Link to form: Notification form for applications for derogations

Questions regarding the application process may be sent to