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Unlawfulness of the application provision NG356

On 3 September 2020, the Administrative Court of Braunschweig confirmed the illegality of the application provision NG356 (No application of products containing the active substance flufenacet on the same area in the following two calendar years). The requirements for the determination of risk reduction measures are not fulfilled. The Federal Environment Agency has already failed to present and prove sufficiently specific conditions of use. In this respect, the Member State must demonstrate and prove that the situation in its own Member State is different from that in other Member States. A purely national presentation is not sufficient. A comparison of the own situation with other Member States is necessary. The Federal Environment Agency cannot claim that the situation in other Member States is not known. The court has expressly emphasized that the burden of proof and demonstration for the existence of the requirements of the facts lies with the registration authorities.