Derogations and loopholes are standard business in EU pesticide policy. PAN Europe already wrote a report on the “120- day derogation” regime, allowing EU Member States to use hundreds of illegal pesticides for almost a full crop season. This report highlights another derogation type, the “essential use” of soil fumigant Metam Sodium. Metam was officially banned by a 2009 council decision , but immediately entered again via the backdoor by this same Council decision as “essential use”. A virtual ban allowing 15 of the 27 EU Member States to continue the use of the poison gas Metam at the same scale as before. As always the decision-making is very intransparent and not many people outside the SANCO “agri-cocoon” will be aware of this virtual banning. After an “access to documents” request PAN Europe received the mandatory 2010-reports the 15 Member States have to send to Commission at the end of their year of “essential use”. It turns out the Member States do not live up very well to the rules.