Plant Resistance Improvers – Legal Regulations and Listing Procedure

Definition

The Plant Protection Act (Art. 2 No 10) defines plant resistance improvers by dividing them into the following three product groups:

• substances which are solely intended to enhance the resistance of plants substances
• which are intended to protect plants against non-parasitic impairments
• substances which are intended for use on cut ornamental plants

The products in the second group are, for example, products for reducing evaporation, or frost protection products. A product cannot be a plant protection product and a plant resistance improver at the same time. As soon as a product has a direct effect on harmful organisms or pathogens, it is defined as a plant protection product. Products which do not improve resistance, but whose main aim is to stimulate plant growth are classified as plant growth improvers or soil improvers. These product groups are subject to the Act on Fertilisers.

Regulations for marketing plant resistance improvers

Plant resistance improvers may be marketed only if:

• given their intended and proper use they do not cause harmful effects, particularly on human and animal health, groundwater or the environmen
• they have been included in a list issued by the Bundesamt für Verbraucherschutz und Lebensmittelsicherheit (BVL, Federal Office of Consumer Protection and Food Safety)
• they are labelled according to the provisions of the Plant Protection Act; legislation regarding hazardous substances may require additional labelling

The listing procedure

Applications for listing are to be sent to the BVL. An application must include the following information in triplicate:

• a completed application form
• documentation in accordance with Art. 31a (1) of the Plant Protection Act; this documentation is specified on the application form
• a declaration that the product has no harmful effects when used properly and for its intended use

The application form and advice on filling this in are available from the BVL on the internet. Three further consulting authorities are involved in evaluation and assessment:

• the Bundesinstitut für Risikobewertung (Federal Institute for Risk Assessment) with regard to possible harmful effects on human and animal health
• the Julius Kühn Institute with regard to other harmful effects
• the Umweltbundesamt (Federal Environment Agency) with regard to possible harmful effects on the environment.

The authorities check to see whether the product in question complies with the definition of a plant resistance improver on the basis of its compound and mode of action and whether it can be presumed that the product is not likely to cause harmful effects. If the data and documentation submitted give rise to doubt, the BVL may, in accordance with Art. 31a (2) Plant Protection Act, demand further documentation and/or samples.

The period for processing the above information is set at 4 months by law. If the BVL requires further information and samples in order to follow up certain concerns, the period is extended. In accordance with the scale of fees for plant protection products the BVL charges 290 Euro for standard processing. Should a more detailed evaluation of the product be required following requests for documentation and samples, the fee may range from 1 090 to 5 490 Euro.

Information on listed plant restistance improvers

Listings are announced in the Federal Gazette. Additionally, the BVL publishes a list of plant resistance improvers which is updated monthly. The list and further information can be found in the BVL internet.

Contact point in the BVL

Dr. Alexandra Makulla
Department 2 (Plant Protection Products)
Tel.: +49 531 299-3409
Fax: +49 531 299-3002
E-Mail: 200@bvl.bund.de