According to Section 12 (2) sentence 1 of the German Plant Protection Act (PflSchG), plant protection products may not be applied to paved open spaces or other open spaces that are not used for agriculture, forestry or horticulture. They may also not be used in or directly on surface waters.
Exceptions to this ban, i.e. for use outside areas used for agriculture, forestry or horticulture, require approval in accordance with Section 12 (2) sentence 3 PflSchG. In North Rhine-Westphalia, this exemption can be applied for from the Director of the Chamber of Agriculture as the competent authority.
However, a permit can only be granted "if the intended purpose is urgent and cannot be achieved in any other way with reasonable effort and does not conflict with overriding public interests, in particular the protection of animal and plant species". This urgency must be adequately justified in the application and the legal bases to be observed (duty to ensure public safety; avoidance of fire risk) must be specified. Reasons must also be given as to why other procedures represent an unreasonable expense compared to the use of plant protection products. The alternative measures taken to date to remove vegetation in order to maintain traffic or operational safety must be described. A higher cost for alternative methods is generally reasonable up to the limit of what is economically justifiable.
According to an administrative regulation on the use of plant protection products on open land, agricultural, forestry or horticultural use includes forms of land management that are geared towards the production of plant products or horticultural design or care.
This also includes:
- House and allotment gardens
- public green spaces
- Cemeteries
- Turf sports facilities
Exceptions are paths and areas with paved (and also water-bound) surfaces within these forms of use as well as design and compensation areas for the benefit of nature conservation and landscape management.
Agricultural, forestry or horticultural use does not apply to areas that only indirectly serve the aforementioned land use. Paths, embankments, field margins, roadside greenery, hedges, copses and areas for compensatory measures.
Please also bear in mind that the term pesticide originates from agriculture, where it is used to protect crops from plants that are not desired for the product. The pesticide is therefore toxic to animals and humans. People who use plant protection products must receive special training in their proper use for their own protection. Therefore, please also consider the planned private use, as there are health risks. Aren't there alternatives to protect health and the environment?
Improper use or application on unauthorized surfaces may be penalized.
Competent authority
The Director of the Chamber of Agriculture as State Commissioner - Plant Protection Service