83 Amendments of Biljana BORZAN related to 2022/0196(COD)
Amendment 285 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Treaty requires a high level of protection of human health and of the environment to be ensured in the definition and the implementation of all Union policies and activities and provides that Union policy on the environment is to aim at a high level of protection. This objective is underpinned by the precautionary principle as set forth in the Treaty on the Functioning of the European Union (TFEU).
Amendment 287 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Charter of Fundamental Rights of the European Union requires to strengthen the protection of fundamental rights and in particular the fundamental right to working conditions that respect workers' health, safety and dignity and that a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union.
Amendment 294 #
Proposal for a regulation
Recital 3
Recital 3
(3) The European Parliament resolution of 12 February 2019 on the implementation of Directive 2009/128/EC on the sustainable use of pesticides41 noted that the Union must act without delay to transition to a more sustainable use of pesticides and called on the Commission to propose an ambitious Union-wide binding target for the reduction of pesticide use. In its resolution of 18 December 2019 on the EU Pollinators Initiative1b, the European Parliament urged again that EU-wide mandatory reduction targets should be included in the upcoming revision of Directive 2009/128/EC. In its resolution of 9 June 2021 on EU Biodiversity Strategy for 2030: Bringing nature back into our lives1a, the European Parliament welcomed the Commission’s targets of reducing the use of more hazardous and chemical pesticides by 50 % and stressed that these objectives should all be set in legislation and revised for the post-2030 period with a view to continuing the reduction and making long-term commitments. The European Parliament re-affirmed its call for binding reduction targets in its resolution of 20 October 2021 on a Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system42 . __________________ 1a P9_TA(2021)0277, 9 June 2021 1b P9_TA(2019)0104, 18 December 2019 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 304 #
Proposal for a regulation
Recital 4
Recital 4
(4) In 2018, a study43 by the European Parliament Research Service (EPRS) found progress in many Member States but a limited overall achievement of the objectives of Directive 2009/128/EC, especially regarding the proper application of the integrated pest management principles. A 2020 special report44 from the European Court of Auditors (ECA) on the sustainable use of plant protection products found that there is limited progress in measuring and reducing the risks of plant protection product use and identified weaknesses in the current Union framework, including limited Member States compliance with integrated pest management principles. As noted in its information report in relation to evaluation of Directive 2009/128/EC45 , the European Economic and Social Committee also considers it essential to reassess the requirements, targets, conditions and timetables set under national action plans. __________________ 43 European Parliamentary Research Service, Directive 2009/128/EC on the sustainable use of pesticides –European Implementation Assessment, October 2018. 44 Sustainable use of plant protection products: limited progress in measuring and reducing risks, Special Report European Court of Auditors, ISBN:978-92- 847-4206-6, Publications Office of the European Union, Luxemburg, 2020. 45 European Economic and Social Committee, Evaluation on Directive on the Sustainable Use of Pesticides (Information report), adopted on 27 April 2021.
Amendment 310 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure full attainment of the objectives of the Union legal framework on sustainable use of plant protection products, it needs to be adapted by laying down clearer and directly applicable rules for operators. In addition, a number of rules should be clarified and strengthened, including the rules on the application of integrated pest management that should be reinforced with practical and measurable criteria, restrictions of use of plant protection products and the inspections of equipment used to apply plant protection products. It is therefore appropriate to repeal Directive 2009/128/EC and replace it with a regulation.
Amendment 312 #
Proposal for a regulation
Recital 6
Recital 6
(6) The rules concerning biocidal products are laid down in Regulation (EU) No 528/2012 of the European Parliament and of the Council46 , and an evaluation of that Regulation is planned. It is therefore not appropriate to introduce new rules on the use of biocidal products in this Regulation at this point in time. However, Directive 2009/128/EC envisaged extending its scope to include biocidal products. Consequently, a thorough assessment, whether the rules on the sustainable use of biocidal products as laid down in Regulation (EU) 528/2012 are fit for purpose or warrant further actions at the European level, is necessary. __________________ 46 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
Amendment 331 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) In its Staff Working Document on the Drivers of food security1a, the Commission acknowledges the externalities of plant protection products use and their consequences for the environment and human health, which also have direct impacts on farming activities that may lead to negative impacts on food security in the mid- to long-run. __________________ 1a https://commission.europa.eu/publication s/analysis-main-drivers-food-security_en
Amendment 341 #
Proposal for a regulation
Recital 8
Recital 8
(8) Two European citizens’ initiatives address the use of pesticides and call for ambitious reduction targets. The initiative ‘Ban glyphosate and protect people and the environment from toxic pesticides’ submitted to the Commission on 6 October 2017 called on the Commission, under its third aim, ‘to set EU-wide mandatory reduction targets for pesticide use, with a view to achieving a pesticide-free future’. In its reply adopted on 12 December 2017, the Commission stated that it would re- evaluate the need for EU-wide mandatory targets for pesticides. More recently, the initiative ‘Save bees and farmers! Towards a bee-friendly agriculture for a healthy environment’ calls on the Commission ‘to propose legal acts to phase out synthetic pesticides in EU agriculture by 80% by 2030, starting with the most hazardous, and to become free of synthetic by 2035.’ The initiative has collected over 1 million statements of support by 30 September 2021 which are currently being verified by Member States authoritiesand was validated on 7 October 2022.
Amendment 354 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) On 19 December 2022 the 15th Conference of Parties to the UN Convention on Biological Diversity adopted the “Kunming-Montreal Global Biodiversity Framework” which set among the global targets for 2030 the objective of “reducing the overall risk from pesticides and highly hazardous chemicals by at least half including through integrated pest management, based on science, taking into account food security and livelihoods”.
Amendment 387 #
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibility when setting their own binding national targets (“national 2030 reduction targets”). Intensity of use and risk is best measured by dividstandardising the total quantity of active substances placed on the market, and therefore used, in the form of plant protection products in a particular Member State by the surface by the mean, substance specific application rate of its representative uses, weighed by substance specific hazard weightings, and divided by the number of hectareas over which the active substances were appliedf utilised agricultural area in the respective Member State. Intensity in the use of chemical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sustainable farming practices. It is therefore appropriate to allow Member States to take their lower intensity of use and risk of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also appropriate to require them to take their higher intensity of use and risk of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of chemical plant protection products, they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity of pesticide useuse and risk of chemical plant protection products . In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. The EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high exposure to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and crops while ensuring outermost regions still contribute to and benefit from the reduction of their dependency on the use of plant protection products. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of chemical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
Amendment 406 #
Proposal for a regulation
Recital 14
Recital 14
(14) Member States should draft and publish national action plans. In order for the Member State national action plans to be effective, they should contain quantitative objectives, references to binding national 2030 reduction targets as set out in national law, together with related indicative targets set out in the national action plans, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment. This will allow for a structured approach to the setting of quantitative objectives and targets, with a clear link to the national 2030 reduction targets. In order to monitor compliance with the provisions of this Regulation, Member States should also be required to report annually on targets, planned and adopted measures, and precise quantitative data relating to compliance with provisions on use, training, application equipment and integrated pest management, public campaigns and awareness raising programmes, health and environment monitoring, and support given to farmers to implement the provisions of this Regulation. In order for Member States to take into account the specific needs of the EU's outermost regions as regards the use of plant protection products and to ensure that the objectives of this Regulation are met also in these regions, Member States with outermost regions should draft an publish specific territorial action plans for each of these regions including measures tailored to their specific climatic conditions and crops.
Amendment 432 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
Amendment 438 #
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of policies and measures in the areas of sustainable use of plant protection products has an impact on the environment, public health and working conditions. Member States should therefore ensure that the public and social partners are given sufficient opportunities to participate in and to be consulted on the preparation of Member State national action plans in accordance, where applicable, with Directive 2001/42/EC of the European Parliament and of the Council58 and that members of the public having a sufficient interest, in accordance with national law, have access to a review procedure before a court of law to challenge the substantive or procedural legality of the national action plans and any failures to act of the competent authorities. __________________ 58 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
Amendment 442 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure consistency and complementarity with related legislation, Member State national action plans should take into account Directive 2009/147/EC of the European Parliament and of the Council59 , Council Directive 92/43/EEC60 , Directive 2000/60/EC of the European Parliament and of the Council61 , Council Directive 91/676/EEC62 , Directive 2008/50/EC of the European Parliament and of the Council63 , Directive (EU) 2016/2284 of the European Parliament and of the Council64 and, Directive (EU) 2020/2184 of the European Parliament and of the Council, Regulation xxx/xxx on nature restoration [reference to adopted act to be inserted], post-use monitoring in line with Regulation (EC) 1107/2009, Directive xxx/xxx on soil health law [reference to adopted act to be inserted], and should be consistent with the Common Agricultural Policy (“CAP”) Strategic Plans drawn-up in accordance with Regulation (EU) 2021/2115 of the European Parliament and of the Council65 . . Member State national action plans should also be consistent with the minimum health and safety requirements at the workplace, as laid down by, inter alia, Council Directive 89/391/EEC, Council Directive 89/656/EEC, Council Directive 98/24/EC, Directive 2004/37/EC of the European Parliament and of the Council and Directive 2009/104/EC of the European Parliament and of the Council. __________________ 59 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 60 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 61 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 62 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1). 63 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1). 64 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1). 65 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
Amendment 457 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the sake of transparency and in order to encourage greater progress, it is necessary to measure the progress made by Member States in relation to the achievement of the national 2030 reduction targets and other national indicative reduction targets. This should be done on an annual basis by means of annual progress and implementation reports. In order to monitor the level of compliance with this Regulation in a streamlined, easily comparable manner, Member States should also include quantitative data in relation to the implementation of this Regulation as regards use, training, application equipment and integrated pest management. In order for the Commission to encourage progress towards achieving national 2030 reduction targets and other national indicative reduction targets, including any measures in support of such achievement, the Commission should analyse and make publicly available such progress and measures every 2 years.
Amendment 497 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure that plant protection products and related application equipment are used in a manner that protects human health and the environment, it is necessary to provide for general requirements on professional users in relation to the training required to use certain plant protection products or application equipment, the use of more hazardous plant protection products and the need to comply with inspection requirements for application equipment in professional use. Due to their lack of appropriate training in the use of plant protection products, non-professional users should be barred from purchasing chemical plant protection products.
Amendment 506 #
Proposal for a regulation
Recital 25
Recital 25
(25) Use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67 and Council Directive 92/43/EEC68 . If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas and within 310 metres of such areas, should therefore be prohibited. DThe use of plant protection products in sensitive areas used by vulnerable groups as well as the use of more hazardous plant protection products in sensitive areas warrant a higher level of protection, buffer zones for these uses should therefore be expanded to 50 meters around these areas. Active substances approved for organic farming under Regulation (EU) 2018/848 should be exempted from the prohibition of use in sensitive areas. Other derogations from the prohibition should only be allowed under certain conditions and on a case-by-case basis. __________________ 67 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 68 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
Amendment 520 #
Proposal for a regulation
Recital 26
Recital 26
(26) The aquatic environment and drinking water supplies are especially sensitive to plant protection products. In order to protect the aquatic environment, the use of plant protection products in and around surface waters areas should therefore be prohibited. Member States should have in place appropriate measures to avoid deterioration of surface and groundwater as well as coastal and marine waters and allow achievement of good surface and groundwater status, to protect the aquatic environment and drinking water supplies from the impact of plant protection products and all their metabolites. Vegetated buffer strips are an effective measure to retain plant protection product inputs during rain events and consequently to avoid ecological impacts on aquatic life, therefore the establishment of vegetated buffer strips along water courses should be encouraged. In addition, it is important that professional users are trained in how to minimise or eliminate applications of certain plant protection products classified as “harmful to aquatic life with long lasting effects”, “very toxic to aquatic life with long lasting effects” or “toxic to aquatic life with long lasting effects”. It is also important that professional users are trained on the importance of giving preference to non-chemical alternatives or to low risk plant protection products or non-chemical alternatives, use of drift reducing technology and risk mitigation measures.
Amendment 525 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) Soil is an essential, multifunctional and living ecosystem of crucial environmental and socioeconomic importance which performs many key functions and delivers services vital to human existence and ecosystem survival so that current and future generations can meet their own needs. The European Environment Agency states that there is an increasing concern about the residence and accumulation of pesticide residues and their metabolites in soils, with studies founding widespread contamination of soils. A particular attention should therefore be given to soil protection when implementing the provisions of this Regulation.
Amendment 553 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is essential that Member States establish and maintain systems of both initial and follow-up training for distributors, advisors and professional users (be they employers or workers) of plant protection products and independent certification systems to record such training, in order to ensure that those operators are fully aware of the potential risks to human health and the environment and of the appropriate measures to reduce those risks as much as possible. The training for advisors should be more extensive than that of distributors and professional users since they need to be able to support the proper implementation of integrated pest management and crop- specific rules. The use or purchase of a plant protection product authorised for professional use must be limited to persons in possession of a valid training certificate. In addition, in order to ensure safe use of plant protection products for human health and the environment, distributors should be required to provide both professional and non-professional purchasers of plant protection products with product specific information at point of sale.
Amendment 576 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to monitor progress achieved in the reduction of risks and adverse impacts to human health and the environment from the use of plant protection products it is necessary to continue usingadapt the system of harmonised risk indicators established under Directive (EU) 2009/128/EC to better take into account doses and hazards of active substances and the risks of plant protection products on health and the environment.
Amendment 582 #
Proposal for a regulation
Recital 38
Recital 38
(38) Statistical data on plant protection products, including data collected in accordance with Regulation (EC) No 1185/2009 of the European Parliament and of the Council74 in combination with the means application rates of chemical active substances based on their representative uses, should be used in calculating these harmonised risk indicators and progress towards achieving binding Union and national targets based on the Farm to Fork Strategy. Given that pesticide use fluctuates between years depending, in particular, on the weather, a three year baseline period is appropriate to take account of such fluctuations. The baseline period for the calculation of harmonised risk indicators 1 and 2 is 2011–2013, as this was the first three year period for which data was received by the Commission under Regulation (EC) No 1185/2009 and coincides with the entry into force of Directive 2009/128/EC. The baseline period for the calculation of progress towards the Union 2030 reduction targets is 20158–201720, as this wasese are the three most recent years for which data wais available at theis time of the announcement of the Farm to Fork Strategy. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 596 #
Proposal for a regulation
Recital 39
Recital 39
(39) For the moment, the only robust statistical data available at Union level relating to the marketing and use of plant protection products are the statistics on the quantities of active substances in plant protection products placed on the market, and the data on the number of authorisations for emergency situations in plant protection granted under Regulation (EC) No 1107/2009. Those statistics are used in the calculation of harmonised risk indicators 1 and 2 under Directive 2009/128/EC and in calculating progress towards the binding Union 2030 reduction targets and national 2030 reduction targets based on the Farm to Fork Strategy. However the current harmonized risk indicator 1 is not suitable for monitoring progress towards these targets as it leads to an underestimation of the risk of synthetic chemical plant protection products and an overestimation of the risk of plant protection products authorised in organic farming. It is therefore appropriate to adapt the harmonised risk indicator 1 by standardizing the sales volume with the mean application rate per active substance based on their representative uses. The new harmonised risk indicator 2a will be calculated using statistics on the number of authorisations for emergency situations in plant protection, the properties of the active substances in plant protection products subject to these authorisations, and the areas treated under these authorisations to better quantify the risks arising from authorisations for emergency situations in plant protection.
Amendment 608 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
Amendment 619 #
Proposal for a regulation
Recital 41
Recital 41
(41) The EU Biodiversity Strategy for 2030 recognises the need for urgent action to protect biodiversity. There is evidence of a widespread reduction of species, in particular insects and pollinators, in the Union. Biodiversity loss is, amongst other factors, driven by the use of plant protection products, while Member States actions under current Union policy instruments have not yet been able to stop this trend of biodiversity loss. It is therefore essential to ensure thatreduce the use of plant protection products by inter alia implementing integrated pest management principles. Where professional users resort to the use of plant protection products ar, they should be used in such a way as to mitigate the risk of harmful effects of such products on wildlife, through a number of measures including training, inspection of application equipment in professional use and protection of the aquatic environment and sensitive areas.
Amendment 627 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to enforce the obligations set out in this Regulation, Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties should be effective, proportionate and dissuasive. It is also important to provide for Member States to recover costs related to carrying out obligations under this Regulation by means of fees or charges in order to ensure that adequate financial resources are available to competent authorities. A EU-wide pesticides tax will be introduced to start applying the polluter pays principle.
Amendment 639 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to take into account technical progress and scientific developments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the provisions on obligations of professional users and advisors related to integrated pest management, inspection of application equipment in professional use, calculation of harmonised risk indicators, the data to be provided in annual progress and implementation reports and the notification form in relation to application equipment as well as Annexes II III, IV, V and VI. Likewise, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation by specifying precise criteria in relation to certain factors regarding unmanned aircraft, once technical progress and scientific developments allow for the development of such precise criteria. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement of 13 April 2016 on Better Law-Making76 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 76 OJ L 123, 12.5.2016, p. 1.
Amendment 650 #
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) Sufficient funding is needed for the implementation of integrated pest management. The establishment of a state fund can help to foster the implementation and uptake of integrated pest management and to make related measures more attractive for farmers, e.g. by providing for compensations in case of proven loss of income. The financial resources for this fund shall inter alia be provided by CAP funding, a risk-based taxation on plant protection products, by contributions of retailers, and by penalty payments;
Amendment 2143 #
Proposal for a regulation
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit a professional user to use a plant protection product authorized in accordance with Article 28 of Regulation (EU) 1107/2009 and at national level in a sensitive area for a limited period with a precisely defined start and end date that is the shortest possible but does not exceed 60 days, where an intervention is necessary to allow infrastructure managers to fulfil their legal safety obligations on CORINE land cover levels 1.2 and 1.3 and where non-chemical methods of vegetation control would not allow to fulfil these obligations, or provided that all of the following conditions are met:
Amendment 2178 #
Proposal for a regulation
Article 18 – paragraph 6 – point c
Article 18 – paragraph 6 – point c
(c) specific risk mitigation measures;
Amendment 2192 #
Proposal for a regulation
Article 18 – paragraph 8 – point e
Article 18 – paragraph 8 – point e
(e) the name of the plant protection product or products, the quantity or quantities of the plant protection product or products, and the number of doses to be applied;
Amendment 2207 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The use of all plant protection products is prohibited on all surface waters and within 310 metres of the average shoreline over the year of such waters. This 310 metre buffer zone shall not be reduced by using alternative risk- mitigation techniques. Member States shall encourage the establishment of vegetated buffer strips along water courses.
Amendment 2222 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. By … [OP: please insert the date of application of this Regulation], Member States shall have in place appropriate measures to avoid deterioration of surface and groundwater status as well as coastal and marine waters and allow achievement of good surface and groundwater status, to protect the aquatic environment and drinking water supplies from the impact of plant protection products and their relevant and non-relevant metabolites to achieve, at least, the objectives set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC, 2008/56/EC and (EU) 2020/2184.
Amendment 2227 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 2302 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall take all necessary measures regarding plant protection products authorised for non- professional users to prevent and, where prevention is not possible, to limit dangerous handling operations. Those measures may include measures relating to size limits for packaging or containers. Those measures may provide that nNon- professional users may only use low-risk plant protection products and other plant protection products that are in the form of ready to use formulations and measures for the use of safe closure or a locking device for packaging or containernon- chemical plant protection products.
Amendment 2315 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Occupational Health and Safety Obligations arising from this Regulation for the use, storage and disposal of plant protection products shall apply without prejudice to the minimum health and safety requirements at the workplace, as laid down by, inter alia, Council Directive 89/391/EEC, Council Directive 89/656/EEC , Council Directive 98/24/EC , Directive 2004/37/EC of the European Parliament and of the Council and Directive 2009/104/EC of the European Parliament and of the Council.
Amendment 2316 #
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Monitoring of plant protection product residues 1. Member States shall put in place national measures and arrangements for carrying out appropriate health surveillance of farmers and farm workers using chemical plant protection products, assessing whether: (a) exposure to chemical plant protection product residues is within the limits established by the European Food Safety Authority in relation to non-dietary exposures and the potential impact on human health (i.e. development of diseases), in line with Article 10 of Directive 98/24/EC and the provisions of Directive 89/391/EEC; (b) examining the efficacy of mitigation measures and protection equipment. 2. Member States shall put in place measures for carrying out comprehensive environmental monitoring of plant protection product residues in water resources, groundwater, soil, air/dust and biota among others, assessing, inter alia, whether: (a) plant protection product residues exceed the predicted environmental concentrations or those that have the potential to cause harm to human health or that of other species, via environmental indicators and methods such as farmland birds index, pollinators index, Insignia- bee, LUCAS of Soil Biodiversity and Pesticides; (b) mitigation measures are properly implemented. 3. If necessary, Member States shall propose readjustments to ensure that the use of plant protection products complies with the provisions of Article 4 of Regulation (EU) 1107/2009.
Amendment 2361 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) initial and follow up training to professional users and distributors on the subjects listed in Annex III with particular emphasis on the application of integrated pest management;
Amendment 2366 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) practical training for professional users on the use of application equipment in professional use with particular emphasis on health and safety aspects;
Amendment 2374 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent and independent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic register and overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training. Competent authority in each Member State shall be composed of independent experts, free from any conflict of interests.
Amendment 2418 #
Proposal for a regulation
Article 25 – paragraph 10 a (new)
Article 25 – paragraph 10 a (new)
10a. Member States shall ensure that employers provide training to workers using plant protection products and acting as professional users.
Amendment 2419 #
Proposal for a regulation
Article 25 – paragraph 10 b (new)
Article 25 – paragraph 10 b (new)
Amendment 2443 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) implementation of integrated pest management, including the use of non- chemical methods and low input farming systems;
Amendment 2452 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. Publicly funded independent advisory systems should not provide advice on or promote private patented technology.
Amendment 2454 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Each Member State shall designate a competent authority to provide information to thefor public health and the environment to provide comprehensive information to workers and employers acting as professional users, local communities and the general public, in particular through information and awareness-raising programmes and campaigns, in relation to the health and environmental risks associated with the use of and exposure to plant protection products. The campaigns and programmes should be linked to EU and national cancer prevention and treatment programmes and, in general, health programmes.
Amendment 2462 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competent authority referred to in paragraph 1 shall establish a website or websites dedicated to providing information on risks associated with the use of and exposure to plant protection products and information and awareness- raising programmes, and campaigns referred to in paragraph 1. That information may be provided directly or by providing links to relevant websites of other national or international bodies.
Amendment 2472 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) the potential risks to human health and the environment through acute or chronic effects relating to the use of and exposure to plant protection products;
Amendment 2474 #
Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
Article 27 – paragraph 3 – point a a (new)
(aa) the risks for occupational health and safety linked to the use of and exposure to plant protection products;
Amendment 2477 #
Proposal for a regulation
Article 27 – paragraph 3 – point a b (new)
Article 27 – paragraph 3 – point a b (new)
(ab) procedures to report occupational diseases linked to the use of plant protection products;
Amendment 2480 #
Proposal for a regulation
Article 27 – paragraph 3 – point b
Article 27 – paragraph 3 – point b
(b) the manner in which the potential risks referred to in point (a) and (b) can be mitigated;
Amendment 2484 #
Proposal for a regulation
Article 27 – paragraph 3 – point c
Article 27 – paragraph 3 – point c
(c) alternatives to chemical plant protection products, including on agro- ecological, organic and integrated pest management practices;
Amendment 2490 #
Proposal for a regulation
Article 27 – paragraph 3 – point f
Article 27 – paragraph 3 – point f
(f) a link to the websites referred to in Article 7 and Article 8;
Amendment 2496 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Information on acute and chronic poisoning, occupational and non- occupational diseases
Amendment 2503 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Each Member State shall designate a competent health authority to maintain or put in place systems for gathering and keeping the following information on acute and chronic poisoning incidents arising from exposure of persons to plant protection products:
Amendment 2511 #
Proposal for a regulation
Article 28 – paragraph 1 – point e a (new)
Article 28 – paragraph 1 – point e a (new)
(ea) violations of occupational health and safety obligations;
Amendment 2517 #
Proposal for a regulation
Article 28 – paragraph 2 – point b a (new)
Article 28 – paragraph 2 – point b a (new)
(ba) the number of occupational diseases arising from the use of and exposure to a plant protection product identified during the preceding year.
Amendment 2520 #
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 2521 #
Proposal for a regulation
Article 28 b (new)
Article 28 b (new)
Article 28b Advertising of plant protection products 1. For the purposes of this Article, ‘advertising of plant protection products’ shall include any form of door-to-door information, canvassing activity or inducement designed to promote the supply, sale or use of plant protection products; it shall include in particular: (a) the advertising of plant protection products to the general public; (b) advertising of plant protection products to persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26; (c) visits by producers of plant protection product to persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26; (d) the supply of samples; (e) the provision of inducements to retail, use, or provide advice on plant protection products by the gift, offer or promise of any benefit or bonus, whether in money or in kind; (f) sponsorship of promotional meetings attended by persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26; (g) sponsorship of scientific congresses attended by persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26, and in particular payment of their travelling and accommodation expenses in connection therewith. 2. Advertising of chemical plant protection products to the general public is prohibited. 3. Member States shall prohibit or restrict the advertising of plant protection products consisting of practices listed in paragraph 1, points (b) to (g). 4. The provisions of this Article shall apply without prejudice to labelling and other advertising requirements under Regulation (EU) No 1107/2009.
Amendment 2560 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
Where the designated competent authority does not carry out the inspection of application equipment in professional use, it shall designate one or more independent bodies to carry out such inspections.
Amendment 2578 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The competent authority referred to in Article 30 or an independent body designated by it shall inspect application equipment in professional use every three years, starting from the date of first purchase. The competent authority shall ensure that there is sufficient staff, equipment and other resources necessary for the inspection of all application equipment due for inspection, within the three year cycle.
Amendment 2591 #
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. A record as referred to in paragraph 6 shall be valid for three years unless the Member State provides for a different inspection interval pursuant to Article 32.
Amendment 2597 #
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
10. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex IV in order to take into account technical progress and scientific developments.
Amendment 2672 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. Taking into account the results of the evaluation provided for in paragraph 5 and no later than 18 months after the publication of the statistics on the use of plant protection products in agriculture for the first reference period as referred to in Article 9 of Regulation xxx/xxx [reference to adopted act to be inserted], the Commission shall, if it considers it appropriate,(EU) 2022/2379, the Commission shall establish new harmonised risk indicators or modify the existing ones on the basis of statistical data related to the use of plant protection products in accordance with paragraph 4 of this Article.
Amendment 2683 #
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) identify fiveten active substances influencing the result most significantly;
Amendment 2704 #
Proposal for a regulation
Article 39 a (new)
Article 39 a (new)
Article 39a Pesticide tax An EU-wide pesticides tax will be introduced to start applying the polluter pays principle. By ... [OJ: please insert the date – 6 months after the date of entry into force of this Regulation] the Commission shall present a report analysing different options of introducing risk-based pesticide taxes or levies in all Member States or at Union level, and accompany it with a legislative proposal by ... [OJ: please insert the date – 18 months after the date of entry into force of this Regulation].
Amendment 2705 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 10(6), 13(9), 21(3), 25(10), 29(5), 31(10) and 35(4) shall be conferred on the Commission for an indeterminate period.
Amendment 2706 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The delegation of power referred to in Articles 10(6), 13(9), 21(3), 25(10), 29(5), 31(10) and 35(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 2707 #
Proposal for a regulation
Article 40 – paragraph 6
Article 40 – paragraph 6
6. A delegated act adopted pursuant to Articles 10(6), 13(9), 21(3), 25(10), 29(5), 31(10) and 35(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 2711 #
Proposal for a regulation
Article 42 – title
Article 42 – title
Amendment 2712 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1 – introductory part
Article 42 – paragraph 1 – subparagraph 1 – introductory part
By … [OP: please insert the date = four years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulatione effectiveness of this Regulation in reaching its objectives based on the following:
Amendment 2720 #
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The Commission shall, additionally, assess the following issues: (a) whether advances in scientific data concerning uses and risks associated with spraying plant protection products using unmanned aircrafts allow to conclude whether this method may result in negative environmental and health impacts or whether the potential benefits of aerial spraying by unmanned aircraft warrants a review of this Regulation to allow for their use under certain specifications; (b) whether the report from the Commission to the European Parliament and the Council on the sustainable use of biocides pursuant to Article 18 of Regulation (EU) No 528/2012 and subsequent actions as set out in the conclusions of this report are fit for purpose to ensure a sustainable use of biocidal products and subsequently whether the scope of this Regulation should be extended to biocidal products; c. whether reduction of the use of plant protection products and full implementation of integrated pest management should become a specific objective of the post-2027 Common Agricultural Policy by evaluating, inter alia, whether Common Agricultural Policy payments should be linked to evidence on the implementation of integrated pest management and a reduction in the use of plant protection products in accordance with this Regulation.
Amendment 2722 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The Commission shall present a report on the main findings of the review under paragraph 1 and 1a, to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.
Amendment 2724 #
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
Amendment 2740 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 2751 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
This Regulation is the instrument used to achieve the pesticide reduction targets contained in the Farm to Fork Strategy by requiring each Member State to contribute to achieving by 2030 an at least 50 % Union-wide reduction of both the use and risk of chemical plant protection products (‘Union 2030 reduction target 1’) and a 80% Union-wide reduction of the use of more hazardous plant protection products (‘Union 2030 reduction target 2’). This Regulation also regulates the contribution of each Member State to these Union targets. Each Member State contribution, set in the form of a national target, to Union 2030 reduction target 1 is referred to as a ‘national 2030 reduction target 1’, while a Member State contribution to Union 2030 reduction target 2 is referred to as a ‘national 2030 reduction target 2’. The methodology for calculating progress towards achieving these targets is set out below:
Amendment 2766 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 1
Annex I – paragraph 1 – subparagraph 1 – point 1
1. The methodology shall be based on statistics on the quantities of chemical active substances placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission (Eurostat) under Annex I to Regulation (EC) No 1185/2009 of the European Parliament and of the Council91 in combination with the mean application rates of chemical active substances based on their representative uses, which have been evaluated under Regulation (EC) No 1107/2009. __________________ 91 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 2776 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 3 – paragraph 1
Annex I – paragraph 1 – subparagraph 1 – point 3 – paragraph 1
Progress towards achieving reduction target 1 shall be calculated by multiplydividing the annual quantities of active substances in plant protection products placed on the market by the mean application rate per hectare of its representative uses and multiplying the results for each group in the Table in this Annex by the relevant hazard weighting set out in row (iii), followed by the aggregation of the results of these calculations.
Amendment 2804 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – point 1
Annex I – paragraph 1 – subparagraph 2 – point 1
1. The methodology shall be based on statistics on the quantities of active substances placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission under Annex I to Regulation (EC) No 1185/2009 in combination with the mean application rates of chemical active substances based on their representative uses, which have been evaluated under Regulation (EC) No 1107/2009.
Amendment 2805 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – point 2
Annex I – paragraph 1 – subparagraph 2 – point 2
2. Progress towards achieving target 2 shall be calculated by adividing together the annual quantities of chemical active substances contained in more hazardous plant protection products placed on the market each year by the mean application rate per hectare of its representative uses, followed by the sum of the results of these calculations.
Amendment 2815 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 3 – subheading 1 – point 2
Annex I – paragraph 1 – subparagraph 3 – subheading 1 – point 2
2. The trend at national level shall be calculated using national statistics on the quantities of chemical active substances as defined in point 3 of Article 3 of this Regulation placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission under Annex I (Statistics on the placing on the market of pesticides) to Regulation (EC) No 1185/2009 in combination with the mean application rates of chemical active substances based on their representative uses, which have been evaluated under Regulation (EC) No 1107/2009.
Amendment 2816 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 3 – subheading 1 – point 3
Annex I – paragraph 1 – subparagraph 3 – subheading 1 – point 3
3. The trend at Union level shall be calculated using Union statistics on the quantities of chemical active substances as defined in point 3 of Article 3 of this Regulation placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission under Annex I (Statistics on the placing on the market of pesticides) to Regulation (EC) No 1185/2009. in combination with the mean application rates of chemical active substances based on their representative uses, which have been evaluated under Regulation (EC) No 1107/2009.
Amendment 2896 #
Proposal for a regulation
Annex VI – Section 2 – point 1
Annex VI – Section 2 – point 1
1. This indicator shall be based on statistics on the quantities of active substances placed on the market in plant protection products under Regulation (EC) No 1107/2009 in combination with the mean application rates of chemical active substances based on their representative uses, which have been evaluated under Regulation (EC) No 1107/2009, provided to the Commission (Eurostat) under Annex I of Regulation (EC) No 1185/2009. Those data are categorised into 4 groups.
Amendment 2903 #
Proposal for a regulation
Annex VI – Section 2 – point 3 – paragraph 1
Annex VI – Section 2 – point 3 – paragraph 1
Harmonised risk indicator 1 shall be calculated by multiplydividing the annual quantities of active substances in plant protection products placed on the market by the mean application rate per hectare of its representative uses and multiplying the results for each group in Table 1 by the relevant hazard weighting set out in row (iii), followed by the aggregation of the results of these calculations.