82 Amendments of Ivan DAVID related to 2022/0196(COD)
Amendment 105 #
Proposal for a regulation
–
–
The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose that the Commission proposal be rejected.
Amendment 264 #
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 of plant protection products and certification systems to record and provide proof of 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. A proof of training could either be provided as a certificate of training or a proof of entry in a central electronic register. 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 training certificate. In addition and distribution of plant protection products authorised for professional use must be limited to distributors who have available staff in possession of a training certificate to provide adequate responses to purchasers of plant protection products on their use, related health and environmental risks and the appropriate safety instructions to manage those risks. In addition, advice on the use of plant protection products to a professional user may only be provided by persons in possession of a training certificate. Also, 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 266 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure a planned approach to harmful organism control techniques across a number of growing seasons with a view to minimising the use of chemical plant protection products as much as possible and to ensure a proper implementation of integrated pest management, professional users should be required to regularly consult trained, independent advisors on pest management, so that plant protection products are only used as a last resort. Such consultation might, for example, take the form of a visit to a farm or a remote or in-person meeting with a group of professional users facing similar agronomic challenges. To achieve these aims, professional users should have access to the best quality strategic advice. Therefore, independent advisors should be impartial and free of any direct or indirect conflict of interest such as might arise if an advisor was engaged in commercial sales of plant protection products and directly profiting from those sales or if an advisor was regularly engaged as a consultant for a commercial operation selling plant protection products.
Amendment 272 #
Proposal for a regulation
–
–
– The European Parliament rejects the Commission Proposal.
Amendment 364 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘unmanned aircraft’ means any aircrafterial application system' means any aircraft with a spraying equipment, operating or designed to operate autonomously or to be piloted remotely without a pilot on board;
Amendment 443 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23 a (new)
Article 3 – paragraph 1 – point 23 a (new)
(23a) ‘Training certificate’ means a proof of training that could either be provided as a certificate of training or a proof of entry in a central electronic register.
Amendment 1092 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Where a professional user has not appliedtaken up, in the plan, a measure listed in the first subparagraph of this paragraph, the records referred to in Article 14(1) shall contain reasons thereofreasons for that shall be given. The plan shall be renewed every three years.
Amendment 1121 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1494 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit aerial application by a professional user in any of the following situationsf:
Amendment 1497 #
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) there is no technically feasible alternative application method to the aerial application due to inaccessible terrain or;
Amendment 1498 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – introductory part
Article 20 – paragraph 2 – point b – introductory part
(b) the aerial application has a less negative or equivalent impact on human health and the environment than any alternative application method either because the aerial application equipment can be deployed on the relevant terrain in a faster timescale than land-based equipment and avoids a situation where the number of plant pests increases due to the longer time period required for land- based deployment or because it minimizes soil erosion when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met:
Amendment 1502 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – point i
Article 20 – paragraph 2 – point b – point i
Amendment 1503 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – point ii
Article 20 – paragraph 2 – point b – point ii
Amendment 1504 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – point iii
Article 20 – paragraph 2 – point b – point iii
Amendment 1506 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The permit for aerial application under article 20 (2) may only be granted if all of the following conditions are met: (a) the application equipment installed on the aircraft is registered in the electronic register of application equipment in professional use referred to in Article 33(1) and complies with the requirements set out in Annex IV; (b) the aircraft is equipped with accessories and technology to accurately apply the plant protection products and to reduce spray drift; (c) the plant protection product may be used via aerial application under Regulation (EC) No 1107/2009.
Amendment 1509 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. An application by a professional user for a permit for aerial application shall include the information necessary to demonstrate that the conditions set out in paragraphs 2 and 2(bis) are met.
Amendment 1512 #
Proposal for a regulation
Article 20 – paragraph 4 – introductory part
Article 20 – paragraph 4 – introductory part
4. Where a permit for aerial application is granted, before the first possible date of aerial application, the competent authority referred to in paragraph 2 shall, at least 2 days before the date of aerial application, make public the following information:
Amendment 1515 #
Proposal for a regulation
Article 20 – paragraph 4 – point b
Article 20 – paragraph 4 – point b
(b) the validity period of the permit for aerial application, which shall be for a limited period with a precisely defined start and end date that is the shortest possible and shall not exceed 6120 days;
Amendment 1516 #
Proposal for a regulation
Article 20 – paragraph 4 – point d
Article 20 – paragraph 4 – point d
(d) the name and authorisation number of the plant protection product or products;
Amendment 1524 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. A professional user that has been granted a permit for aerial application shall at least 2 days before the date of each specific aerial application display notices to that effect on the perimeter of the area to be treated, or if not possible to display notices in such areas, the notices shall be displayed in places of public access.
Amendment 1529 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Amendment 1533 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where certain categories of unmanned aircrafterial spraying systems fulfil the criteria set out in paragraph 2, a Member State may exempt aerial application by such unmanned aircrafterial spraying systems from the prohibition laid down in Article 20(1) prior to any aerial application of plant protection products.
Amendment 1539 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. An aerial application by an unmanned aircraft may be exempted by the Member Stateerial spraying systems may be exempted from the prohibition laid down in Article 20(1) where factors related to the use of the unmanned aircrafterial spraying systems demonstrate that the risks from its use are equal or lower than the risks arising from other aerial equipment and land-based application equipment. These factors shallmay include criteria relating to:
Amendment 1541 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) the technical specifications of the unmanned aircraft, including in relation to spray drift, number and size of rotors, payload, boom width and overall weight, operating height and speed;erial spraying systems
Amendment 1544 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the weather conditions, including wind speed;
Amendment 1547 #
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) the type of area to be sprayed, including its topography;
Amendment 1548 #
Proposal for a regulation
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
Amendment 1554 #
Proposal for a regulation
Article 21 – paragraph 2 – point g
Article 21 – paragraph 2 – point g
Amendment 1559 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteria.
Amendment 1562 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. By … [OP: please insert the date of application of this Regulation], Member States shall have in place effective measures and establishthe necessary structures to facilitate in a manner that does not endanger human health or the environment, the safe storage, disposal and handling of any the necessary structures to facilitate in a manner that does not endanger human health or the environment, the safe disposal of any unusedstorage, disposal and handling of any plant protection products, any dilute solutions containing plant protection products and any packaging.
Amendment 1564 #
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. As regards professional users or business entity which manage the relevant land parcel, the measures referred to in paragraph 1 shall include detailed requirements on:
Amendment 1566 #
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) disposal of empty packaging, obsolete plant protection products and remnants and their packaging.
Amendment 1568 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Manufacturers, distributors and professional users shall ensure that plant protection products are stored in specific storage facilities for plant protection products that are constructed in such a way as to prevent unwanted releases.
Amendment 1569 #
Proposal for a regulation
Article 23
Article 23
Advice on the use of plant protection Advice on the use of a plant protection product to a professional user may only be given by an advisor for whom a training certificate has been issued for following courses for advisors in accordance with Article 25 or who has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).rticle 23 deleted products
Amendment 1582 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sellmay only placing on the market a plant protection product authorised for professional use to a purcharofessional user or his or her representative when that distributor has checked, at the time of purchase, thatif the purchaser or representative is a professional user and, at the time of purchase holds a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 1592 #
Amendment 1603 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. A distributor shall directinform a purchaser of a plant protection product to read its label prior to use and to use theof the importance of proper use of plant protection products in accordance with the instructionsArticle 55 of Regulation (EC) No 1107/2009, including through compliance with the conditions specified on the labelling and shall inform the purchaser of the website referred to in Article 27.
Amendment 1605 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. A distributor shall provide general information to non-professional users on the risks to human health and the environment of the use of plant protection products, including the information on hazards, exposure, proper storage, handling, application and safe disposal in accordance with Directive 2008/98/EC of the European Parliament and of the Council86[1], and shall recommend alternative low-risk plant protection productsmeans or measures of plant protection including low-risk plant protection products available on the market of the Member State and ways in which risks can be mitigated when using plant protection products. _________________ 86[1] Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312 22.11.2008, p. 3).
Amendment 1607 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
Amendment 1608 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staffhave staff available at the time of sale, that hold a training certificate for following courses for distributors issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risks and the appropriate safety instructions to manage those risks.
Amendment 1615 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 1617 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. A competent authority designated in accordance with paragraph 2 shall appoint one or more bodies to provide, at least the following training as relevant for the particular groups of participants, on the subjects listed in Annex III:
Amendment 1619 #
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;, including practical training on the use of application equipment in professional use
Amendment 1621 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) pracinitical training for professional users on the use of application equipment in professional useand follow up training to distributors;
Amendment 1624 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) extensive training for advisors on the subjects listed in Annex IIIand follow up training for advisors with particular emphasis on the application of integrated pest management.
Amendment 1629 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority orone or more competent authorities responsible for: (a) the implementation of the system for the training and certification of all training referred to in paragraph 1 and for; (b) 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.; (c) overseeing that the appointed body or bodies are providing the training referred to in paragraph 1
Amendment 1634 #
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. A training certificate or an entry shall contain, a central electronic register shall containt least the following information:
Amendment 1641 #
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 1644 #
Proposal for a regulation
Article 25 – paragraph 4 – point d
Article 25 – paragraph 4 – point d
(d) the date on which sufficient knowledge of the relevant subjects listed in Annex III was demonstrated by exam or test;
Amendment 1646 #
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 1647 #
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 1648 #
Proposal for a regulation
Article 25 – paragraph 4 – point g
Article 25 – paragraph 4 – point g
(g) the validity period of the training certificate or entry in the central electronic register.
Amendment 1652 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
Amendment 1656 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. A training certificate or an entry in a central electronic register shall be valid for 10 years in the case of a distributor or professional user and for 5 years in the case of an advisorshall be valid for a maximum of 5 years.
Amendment 1660 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Subject to paragraph 6, a training certificate or an entry in a central electronic register shall only be made or renewed if the holder of the training certificate or the person whose name has been entered in the central electronic register demonstrates satisfactory completion of an initial and follow up training or extensive training referred to in paragraph 1, point (a) or (c)training referred to in paragraph 1 and passes an exam or test on the subjects covered by the training.
Amendment 1664 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. Notwithstanding paragraph 6, a training certificate may be issued to a person who can demonstrate prior training through formal qualifications that demonstrate a more extensive knowledge of the subjects listed in Annex III equal to the knowledge thant would be received in the training referred to in paragraph 1.
Amendment 1666 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. A competent authority designated in accordance with paragraph 2 or an appointed body referred to in paragraph 1 shall withdraw a training certificate if it was incorrectly issued or renewed or shall correct an entry in the central electronic register if it was incorrectly introduced.
Amendment 1669 #
Proposal for a regulation
Article 25 – paragraph 10 a (new)
Article 25 – paragraph 10 a (new)
10a. Training certificates issued based on the Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticide, shall be valid until the end of their original validity period.
Amendment 1670 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article25a Advice on the use of plant protection products Advice on the use of a plant protection product to a professional user may only be given by an advisor for whom a training certificate has been issued for following courses for advisors in accordance with Article 25. Advisors shall provide advice that takes into account the applicable crop-specific rules and guidelines referred to in Article 14 or the general principles of integrated pest management referred to in Article 13. [moved from Art 12.2]
Amendment 1676 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall designate aone or more competent authorityies to establish, oversee and monitor the operation of a system of independent advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded undercan be funded under Article 78 of the same regulation and if the advisors are regularly trained pursuant to Article 7825 of the same ris Regulation.
Amendment 1680 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The competent authorityies referred to in paragraph 1 shall adopt provisions to ensure that any advisor registered in the system referred to in that paragraph is independent (‘independent advisor’) is free from any, specifying rules for avoiding conflicts of interest and, i. In particular, these rules shall ensure that the independent advisor is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner.
Amendment 1687 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Each professional user shallor business entity which manage the relevant land parcel shall, in groups or individually, consult an independent advisor at least once aevery third year for the purposes of receiving the strategic advice referred to in paragraph 4.
Amendment 1692 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. AnThe independent advisor referred to in paragraph 3 shall provide strategic advice on the following subjectsat least:
Amendment 1694 #
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
Amendment 1697 #
Proposal for a regulation
Article 26 – paragraph 4 – point b
Article 26 – paragraph 4 – point b
(b) implementation of integrated pest management, according to the general principles in article 13;
Amendment 1703 #
Proposal for a regulation
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) use of precision farming techniques, including use of space data and servicesand innovative application technologies, if applicable;
Amendment 1704 #
Proposal for a regulation
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
Amendment 1706 #
Proposal for a regulation
Article 26 – paragraph 4 – point e
Article 26 – paragraph 4 – point e
(e) where chemical plant protection products are necessary, measures to effectively minimise risks to human health and the environment, in particular to biodiversity, including pollinators, from such use, including risk mitigation measures and techniques.
Amendment 1709 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Each Member State shall designate a competent authority to provide scientifically based information to the public and non-professional users, in particular through awareness-raising programmes, in relation to the risks associated with the use of plant protection products.
Amendment 1715 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competent authority referred to in paragraph 1 shall establishprovide on a website or websites dedicated to providingaccurate and balanced information on risks associated with the use of plant protection products. That information may be provided directly or by providing links to relevant websites of other national or international bodies.
Amendment 1716 #
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. Websites established in accordance withreferred to paragraph 2 shall include scientifically based information on the following subjects:
Amendment 1736 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Each Member State shall designate a competent authority to maintain or put in place systems for gathering and keeping, the following information on acute and, where possible, chronic poisoning incidents arising from exposure of persons to plant protection products:
Amendment 1738 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) where available, the name and authorisation number of the plant protection product and the active substances involved in the acute or chronic poisoning incident;
Amendment 1741 #
Proposal for a regulation
Article 28 – paragraph 1 – point d
Article 28 – paragraph 1 – point d
(d) where available, the duration and severity of the symptoms;
Amendment 1743 #
Proposal for a regulation
Article 28 – paragraph 1 – point e – introductory part
Article 28 – paragraph 1 – point e – introductory part
(e) if available, whether a confirmed acute or chronic poisoning incident resulted from:
Amendment 1747 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. By 31 August every year, each Member State shall submit to the Commission a summary report containing the following information:
Amendment 1749 #
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) the number of acute and, where possible, chronic poisoning incidents arising from exposure of persons to plant protection products during the preceding calendar year;
Amendment 1933 #
Proposal for a regulation
Annex III – point 1 – introductory part
Annex III – point 1 – introductory part
1. All rRelevant legislation regarding plant protection products and their use and risk and in particular this Regulation. While not exclusive, the following legislation ismay be relevant for indvidual groups of training participants:
Amendment 1934 #
Proposal for a regulation
Annex III – point 3 – introductory part
Annex III – point 3 – introductory part
3. The hazards of and risks associated with plant protection products, and how to identify and controlprevent them, including the following subjects:
Amendment 1935 #
Proposal for a regulation
Annex III – point 6 – point c
Annex III – point 6 – point c
(c) the recommended way to controlprevent operator exposure (including personal protection equipment);
Amendment 1936 #
Proposal for a regulation
Annex III – point 10
Annex III – point 10
10. Special care in sensitive areas as defined in Article 23(156) of this Regulation and protection areas established under Articles 6 and 7 of Directive 2000/60/EC and an awareness of contamination caused by particular plant protection products in their respective region.
Amendment 1937 #
Proposal for a regulation
Annex III – point 14 – point e
Annex III – point 14 – point e