6.1 Applying for a derogation

Under certain exceptional circumstances, the BMPA may allow a derogation from the requirements of the Quality Pork Charter. For this to be affected, the following steps shall be taken:

• The Charter participants shall make an application for a derogation in writing to the BMPA detailing the relevant clause(s) and reasons why the requirements cannot be met, the suggested action to be taken and the timeframe that the derogation is required to be in place until full compliance with the Charter requirements can be achieved
• The BMPA shall, where appropriate, consult the PTAC for a ruling on the acceptance of the suggested derogation and respond accordingly to the Charter participant
• A derogation shall only be deemed as granted once it is confirmed by the BMPA in writing and that the Charter participant has provided written assurance that all conditions will be met and maintained. A copy of the derogation and conditions relating to this shall be forwarded to the Charter participant and service provider for their records. 
• All derogations shall be subject to review once the stated timeframe has lapsed
• Where a derogation has been granted and a subsequent Charter audit or spot check highlights that the conditions agreed with the Charter participant have not been met, the derogation shall lapse with immediate effect
• If a Charter member requires a long-term derogation (for example, using off-site washing facilities), the Charter participant mustrequest that the PTAC consider an appropriate solution. The proposed solution must ensure that the integrity of the Charter is not undermined, and the quality of the product maintained. The PTAC will only consider a long-term proposal if a site is unable to comply due to circumstances that are beyond their control. Any additional premises or sites associated or named in a derogation of this nature shall be included in the scope of the audit for the duration of the derogation.
• It is the Charter participants’ responsibility to ensure that any additional premises or sites associated or named in a long-term derogation conforms to all aspects of the Charter including, where relevant, documentation and internal audits and Charter auditors may, in addition to reviewing this documentation, visit these additional premises.