Compensatory Application Provisions of Plant Protection Products to Protect Biodiversity

For the protection of biodiversity, the German Federal Environmental Agency (UBA) pursues the goal of establishing compensation areas to balance unavoidable indirect effects on nature and the environment caused by the application of plant protection products. Whether there is a legal basis for this within either European Union or national law is one of the most debated and pressing issues currently in the authorisation procedure for plant protection products in Germany. The purpose of this article is to provide a comprehensive legal assessment of whether it is legally permissible to make plant protection product authorisations contingent to compensatory application provisions to protect biodiversity.