141 Amendments of Petros KOKKALIS related to 2022/0196(COD)
Amendment 282 #
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. The Treaty stipulates that Union policy on the environment shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
Amendment 297 #
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. 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 . The European Parliament emphasised the importance of pursuing these targets through holistic, preventive and circular approaches such as organic and agroecological practices, and stressed the key role of integrated pest management (IPM) in reducing pesticide dependency. __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 308 #
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 additional, clearer and directly applicable rules for operators, wholesalers and retailers. In addition, a number of rules should be reinforced and further clarified, including the rules on the application ofprotection of rural residents and workers, on the application of agro-ecological strategies and integrated pest management, restrictions of use of plant protection productesticides and the inspections of equipment used to apply plant protection productesticides. It is therefore appropriate to repeal Directive 2009/128/EC and replace it with a regulation.
Amendment 313 #
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 and shall be concluded as soon as possible. It is therefore not appropriate to introduce new rules on the use of biocidal products in this Regulationto bring them in line with the rules laid down in this Regulation in a forthcoming legislative proposal. __________________ 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 339 #
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.’ It further calls 'to restore natural ecosystems in agricultural areas so that farming becomes a vector of biodiversity recovery', 'to reform agriculture by prioritising small scale, diverse and sustainable farming, supporting a rapid increase in agro-ecological and organic practice', and for 'enabling independent farmer-based training and research into pesticide- and GMO-free farming'. The initiative has collected well over 1 million statements of support by 30 September 2021 which are currently being verified by Member States authorities. and was validated in October 2022. It is appropriate that the aims and goals of this ECI are enshrined in this Regulation and by future amending the Common Agricultural Policy.
Amendment 364 #
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are a sustainable control alternative to the use of chemical products for the control of harmful organisms. As noted in Council Decision (EU) 2021/110257 , biological control agents have a growing importance in sustainable agriculture and forestry and have an instrumental role to play in the success of integrated pest management and organic farming. Access to biological controls facilitates moving away from chemical plant protection products. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming. It is therefore appropriate to define the concept of biological control as a basis for Member States to set bindicativeng targets to increase the percentage of crops on which biological control agents are used. __________________ 57 Council Decision (EU) 2021/1102 of 28 June 2021 requesting the Commission to submit a study on the Union’s situation and options regarding the introduction, evaluation, production, marketing and use of invertebrate biological control agents within the territory of the Union and a proposal, if appropriate in view of the outcomes of the study (OJ L 238, 6.7.2021, p. 81).
Amendment 377 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
Amendment 381 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 420 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 2030 reduction targets’) as well as national 2030 reduction targets, it is necessary to increase the availability and use of biological control and other non-chemical alternatives. Availability of these alternatives will incentivise the adoption of low pesticide- input pest management practices such as organic farming. In its report on the Farm to Fork Strategy, the European Parliament also stressed the need to establish fast-track evaluation, authorisation and registration processes for non-chemical low-risk pesticides, while ensuring that their assessment is subject to the same level of rigour as for other substances. These more sustainable alternatives to chemical pesticides are now subject to the same authorisation and approval procedures as chemical pesticides, while the data requirements could potentially differ. It is therefore appropriate that the European Commission submits a legislative proposal for a separate and dedicated Regulation on the authorisation of biological controls within one year after entry into force of this Regulation.
Amendment 443 #
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 2020/2184 of the European Parliament and of the Council1a, Directive 2006/7/EC of the European Parliament and of the Council1f, 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, Regulation xxx/xxx on nature restoration [reference to adopted act to be inserted], Council Directive 89/391/EEC1b, Council Directive 98/24/EC1c, Directive 2004/37/EC of the European Parliament and of the Council 1d, Directive 2009/104/EC of the European Parliament and of the Council1e, 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 . __________________ 59 Directive 2009/147/EC of the European 1a Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption 1b Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work 1c Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work 1d Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work 1e Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work 1f Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC 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 475 #
Proposal for a regulation
Recital 20
Recital 20
(20) An approach to pest control that follows integrated pest management in ensuring careful consideration of all available means that discourage the development of populations of harmful organisms, while keeping the use of chemical plant protection productesticides to levels that are economically and ecologically justified and minimising risks to human healthand animal health, non-target organisms and the environment is necessary for the protection of human and animal health and the environment. ‘Integrated pest management’ emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems, encourages natural pest prevention strategies and control mechanisms and uses chemical control only when all other control means are exhausted. To ensure that agro-ecological practices and integrated pest management isare implemented consistently on the ground, it is necessary to lay down clear rules in this Regulation. In order to comply with the obligation to follow integrated pest management, a professional user should consider and implement all methods and practices that avoid the use of plant protection products. Chemical plant protection productesticides should only be used as last resort when all other control means have been exhausted. In order to ensure and monitor compliance with this requirement, it is important that professional users keep a record of the reasons why they apply plant protection products or the reasons for any other action taken in line with integrated pest management and of advice received in support of their implementation of integrated pest management from independent advisors. These records are also required for aerial applications.
Amendment 477 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) In line with the principles of Integrated Pest Management of only using chemical pesticides as a last resort, the preventive use of pesticides should be prohibited. This includes the coating of seeds with chemical pesticides, the use of pesticide granules during sowing and the use of soil fumigants and other chemical forms of treatment of soils.
Amendment 478 #
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20b) Contrary to popular believe, there is no scientific reason to expect a significant positive contribution of genetic engineering, including the use of New Genomic Techniques (NGTs) in enabling a reduction of the use of chemical pesticides. Almost 80% of the EU’s pesticide use comprises herbicide and fungicide use, and there are currently no genetically engineered solutions available (or in development) which could substantially reduce these uses1a. The use of NGTs are accompanied with uncertainties and risks for human and animal health and for the environment, and with socio-economic risks for breeders, farmers, food producers, retailers and consumers related to freedom of choice, transparency, co- existence and viability of the organic sector and patents, related to threats of further monopolisation of the food chain. GMOs, including NGTs, are therefore not part of Integrated Pest Management. __________________ 1a foodwatch, 2022: New Genomic Techniques (NGTs)- a risky corporate distraction from real sustainable solutions. Questions & Answers on the impact of NGTs on pesticide use and agriculture. https://www.foodwatch.org/en/reports/202 2/foodwatch-report-new-genome- techniques-ngt-a-risky-corporate- distraction-from-real-sustainable- solutions/
Amendment 487 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to facilitate compliance with integrated pest management, it is necessary to lay down crop-specific rules that a professional user must follow in relation to the specific crop and region in which the professional user operates. Such rules should convert the requirements of agro-ecological principles and integrated pest management into verifiable criteria that apply to the specific crop. To ensure that the crop-specific rules are in accordance with the requirements of integrated pest management, detailed rules should be laid down as to what they should contain and the Member States and the Commission should verify their development, implementation and enforcement on the ground.
Amendment 492 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to verify compliance by professional users with integrated pest management, an electronic integrated pest management and plant protection product use register should be maintained with the aim of verifying compliance with the rules on integrated pest management set out in this Regulation and supporting the development of Union policy. Access to the register should also be granted to national statistical and competent authorities for the development, production and dissemination of official statistics in accordance with Chapter V of Regulation (EC) No 223/2009 of the European Parliament and of the Council66 and for the enforcement of the requirements of this Regulation. In addition, the public and academia shall be granted access to this register in order to be able to prevent health damage cause by the use of pesticides in their vicinity, as well as for scientific research in the trends of the amounts and type of intervention and pesticides used. This register should record any preventative measure or intervention and the reasons for that preventative measure or intervention. This will provide the competent authorities with the information necessary to verify whether a professional user has carried out a decision-making process, in accordance with integrated pest management, before determining the specific preventative measure or intervention. The register should also contain details in relation to advice required annually in support of integrated pest management in order to verify that such strategic longer term planning in relation to integrated pest management is taking place. __________________ 66 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
Amendment 499 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure that plant protection productesticides and related application equipment are used in a manner that protects human and animal 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 productesticides or application equipment, the use of morethe most hazardous plant protection productesticides and the need to comply with inspection requirements for application equipment in professional use.
Amendment 517 #
Proposal for a regulation
Recital 25
Recital 25
(25) Use of plant protection productesticides 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 productesticides are used in areas used by the general public, the possibility of exposure of humans to such plant protection productand animals to such pesticides is high. In order to protect human and animal health and the environment, the use of plant protection productesticides in sensitive areas and within 3100 metres of such areas, should therefore be prohibited. 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 524 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
Amendment 526 #
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) Rural residents are a very vulnerable group of people who have until now not been taken into account in pesticide legislation. This has led to a worryingly high level of pesticide-related diseases such as cancer, Parkinson’s and Alzheimer’s in rural areas. The Dutch Pesticides and Residents Survey found pesticide residues in the outdoor air around homes, in dust on doormats and in house dust. Residues were also found in the urine of residents, in adults and in children. In order to protect human and animal health, buffer zones should be foreseen between public roads and between privately owned plots of land. Additionally, the authorisation procedure of pesticides should be improved with regards to the possible effects on rural residents.
Amendment 542 #
Proposal for a regulation
Recital 30
Recital 30
(30) Given the importance of advice on the use of plant protection products as a means to support their use in a manner that protects human and animal health and the environment in accordance with integrated pest management, it is important that advisors are independent and adequately trained. Advisors should not have any ties, especially commercially, to manufacturers or distributors of chemical pesticides, nor have had these ties in the past five years.
Amendment 567 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to better understand the trends regarding acute poisoning incidents and chronic poisoning arising fromnd chronic illnesses arising from incidental or repeated exposure of persons to plant protection productesticides, information on such trends should be compiled by each Member State. The Commission should also monitor the overall trends at Union level.
Amendment 571 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to minimise the adverse impacts of plant protection products on human and animal health and the environment, it is necessary to provide for systems for regular technical inspection of application equipment in professional use. Given the potentially reduced impact of application equipment in professional use which represents a very low scale of use, it is also appropriate to allow Member States to lay down less stringent inspection requirements and provide for different inspection intervals in relation to such equipment. In addition, due to the relatively low cost of purchasing new handheld application equipment and knapsack sprayers compared to the costs of inspection, it is appropriate to provide for the possibility of national derogations from the mandatory inspection of such equipment, subject to the carrying out of a risk assessment covering the risks to human health and the environment posed by such equipment. That assessment should include an estimation of the scale of use of the equipment. To ensure compliance with the inspection requirements, it is necessary to require that each Member State establish a register of application equipment in professional use and keep that register up to date. As some of the application equipment does not have unique IDs, it is necessary to make provision for the supply of a unique ID to such application equipment to ensure that all equipment is physically identified.
Amendment 573 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) The Court of Justice issued a ruling on 19 January 2023 in Pesticide Action Network Europe and Others v État belge (Case C-162/21), stating that Article 53(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC does not permit Member States to use the so-called “emergency derogation” to allow the placing on the market or use of certain pesticides or seeds treated with those products if their marketing and use has been explicitly prohibited by EU legislation. The Commission has acknowledged to the European Parliament that this ruling is binding and concerns not only the banned neonicotinoids but also all other pesticides which have been banned, or which have explicitly received a non-approval after an application, for use in the EU.
Amendment 575 #
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 using the system of harmonised risk indicators established under Directive (EU) 2009/128/EC, as derogations for the use of neonicotinoids and other banned substances are no longer an option, and therefore the risk factor of 64 is not appropriate anymore from February 2023 onwards.
Amendment 577 #
Proposal for a regulation
Recital 37
Recital 37
(37) In order to correctly monitor progress achieved in the reduction of risks and adverse impacts to human and animal health and the environment from the use of plant protection products it is necessary toesticides, while taking into account jurisprudence, it is necessary to slightly adjust and continue using the system of harmonised risk indicators established under Directive (EU) 2009/128/EC.
Amendment 599 #
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, and the maximum application rate given in the legal requirements of the approval of the pesticide. Those statistics and data 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. The new harmonised risk indicator 2a will be calculated using statistics and data 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 and the maximum application rate given in the legal requirements of the approval of the pesticide to better quantify the risks arising from authorisations for emergency situations in plant protection.
Amendment 621 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) Member States should ensure that the public, including natural or legal persons submitting substantiated concerns in accordance with Article 29, is ensured access to justice in line with the obligations Member States have undertaken as parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the ‘Aarhus convention’).
Amendment 622 #
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) Non-compliance with the provisions of this Regulation may result in severe negative consequences for human and animal health and for the environment. In order to support the enforcement of this Regulation, Member States should ensure that substantiated concerns can be submitted to the competent authorities, and that these concerns are adequately addressed.
Amendment 623 #
Proposal for a regulation
Recital 42 c (new)
Recital 42 c (new)
(42c) A new provision on compensation should be introduced, with the aim of ensuring that where damage to health has occurred fully or partially as a result of a breach of this Regulation, the public concerned is able to claim and obtain compensation for that damage from the relevant competent authorities and, where identified, the natural or legal persons responsible for the violation.
Amendment 2149 #
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 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 620 days, provided that all of the following conditions are met:
Amendment 2191 #
Proposal for a regulation
Article 18 – paragraph 8 – point c
Article 18 – paragraph 8 – point c
(c) the start and end date of the approval period of the permit, which shall not exceed 620 consecutive days;
Amendment 2212 #
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 325 metres of such waters. This 325 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques.
Amendment 2220 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States shall adopt and enforce measures to ensure that the amount and width of waterflows and ditches is not reduced as a result of this Regulation.
Amendment 2224 #
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 appropriatend enforce appropriate and legally binding 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 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 2228 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article 19a Measures to protect rural residents and bystanders 1. The use of chemical pesticides is prohibited within 50 metres, and use of the most hazardous pesticides is prohibited within 100 meters, of all publically accessible roads, bicycle path and foot paths. This 50 or 100 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques. 2. The use of chemical pesticides is prohibited within 50 metres, and use of the most hazardous pesticides is prohibited within 100 meters, of all privately owned or publically accessible plots of land, including gardens. This 50 or 100 metre buffer zone shall not be reduced by using alternative risk- mitigation techniques. 3. Prior to the use of chemical pesticides on a field or orchard which is adjacent to one or more privately owned plots of land, the professional user shall inform the neighbouring residents of their intention to use chemical pesticides. This prior notification shall be done in a mutually agreed manner, which may consist of e-mail, text message or telephone call or any other suitable way. The prior notification shall include the timeslot in the pesticide will most likely be applied, the amount and name of the pesticide which will be used, as well as its associated risks for human and animal health, and any recommendations for the neighbours to limit their exposure.
Amendment 2231 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 2246 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 2247 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 2258 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 2296 #
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 establish the necessary structures to facilitate in a manner that does not endanger human and animal health or the environment, the safe disposal of any unused plant protection products, any dilute solutions containing plant protection products and any packaging.
Amendment 2307 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Advice on the use of a plant protection productesticides to a professional user may only be given by an advisor who has no commercial or other ties to a manufacturer, retailer or distributer of pesticides nor had these ties the past five years, and 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).
Amendment 2318 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Requirements for the sale of plantd protection producthibition of marketing and advertisement of pesticides
Amendment 2319 #
Proposal for a regulation
Article 24 – paragraph -1 (new)
Article 24 – paragraph -1 (new)
-1. All forms of advertising for chemical pesticides are prohibited.
Amendment 2320 #
Proposal for a regulation
Article 24 – paragraph -1 a (new)
Article 24 – paragraph -1 a (new)
-1a. Sponsorship of events, activities or programmes by undertakings whose principal activity is the manufacture or sale of chemical pesticides is prohibited.
Amendment 2326 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection productesticides authorised for professional use to a purchaser or his or hetheir representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and 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 2343 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. A distributor shall not sell chemical pesticides to non-professional users and shall provide general information to non-professional users on the risks to human health and the environment of the use of plant protection productnon-chemical pesticides, 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 , and shall recommend alternative low-risk plant protection products and ways in which risks can be mitigated when using plant protection productnon-chemical pesticides. __________________ 86 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 2352 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The distributor referred to in paragraph 5 shall inform the purchaser of a plant protection product about prevention strategies and non-chemical and less hazardous control techniques before the purchaser buys a plant protection productesticide with a higher risk for human and animal health and the environment.
Amendment 2406 #
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 105 years in the case of a distributor or professional user and for 2,5 years in the case of an advisor.
Amendment 2428 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registered in the system referred to in that paragraph (‘independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner. This shall include the requirement that the advisor has not have ties of whatever sort to an undertaking involved in the manufacturing, distribution or sale of pesticides in the five preceding years.
Amendment 2437 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4. on each relevant crop.
Amendment 2441 #
Proposal for a regulation
Article 26 – paragraph 4 – point -a (new)
Article 26 – paragraph 4 – point -a (new)
(-a) agro-ecological and organic strategies and principles to agriculture, including preventive measures and techniques for harmful organisms;
Amendment 2449 #
Proposal for a regulation
Article 26 – paragraph 4 – point e
Article 26 – paragraph 4 – point e
(e) where chemical plant protection products are deemed necessary, measures to effectively minimise risks to human as last resort, measures to apply it to only the target organism and to effectively minimise risks from such use to human and animal health and the environment, in particular to bystanders and rural residents, biodiversity, including pollinators, from such use and other beneficial and non- target organisms, including risk and emission mitigation measures and techniques.
Amendment 2459 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Each Member State shall designate a competent authority to provide independent and up-to-date information to the public, in particular through awareness- raising programmes, in relation to the risks associated with the use of plant protection productand exposure to pesticides and their residues.
Amendment 2469 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) the potential risks to human and animal health and the environment through acute or chronic effects relating to the use of plant protection productesticides as well as the cumulative and synergistic effects of combinations of pesticides and of other toxins;
Amendment 2481 #
Proposal for a regulation
Article 27 – paragraph 3 – point b a (new)
Article 27 – paragraph 3 – point b a (new)
(ba) the results of the monitoring programmes on the maximum residue limits on fruits and vegetables, specifying per chain of retailer and restaurants where the most contaminated produce were found;
Amendment 2482 #
Proposal for a regulation
Article 27 – paragraph 3 – point b b (new)
Article 27 – paragraph 3 – point b b (new)
(bb) the results of the monitoring programmes on the presence of pesticides in the environment and of the bio- monitoring programmes;
Amendment 2483 #
Proposal for a regulation
Article 27 – paragraph 3 – point c
Article 27 – paragraph 3 – point c
(c) agro-ecological and organic prevention strategies and principles and sustainable alternatives to chemical plant protection products;
Amendment 2486 #
Proposal for a regulation
Article 27 – paragraph 3 – point c a (new)
Article 27 – paragraph 3 – point c a (new)
(ca) information for rural residents and other people who are likely to be exposed to chemical pesticides on the hazards and risks of this exposure and who to contact in case they have concerns, including but not limited to the competent authority as designated in Accordance with article 28;
Amendment 2487 #
Proposal for a regulation
Article 27 – paragraph 3 – point c b (new)
Article 27 – paragraph 3 – point c b (new)
(cb) Information on the possibility to submit substantiated concerns if a probable infringement of the requirement of this Regulation is suspected, accompanied by the contact details of the competent authority;
Amendment 2488 #
Proposal for a regulation
Article 27 – paragraph 3 – point d
Article 27 – paragraph 3 – point d
(d) the procedure for approval of active substances and authorisation of plant protection products as well as the limitations that exist in the risk assessments and monitoring;
Amendment 2492 #
Proposal for a regulation
Article 27 – paragraph 3 – point f a (new)
Article 27 – paragraph 3 – point f a (new)
(fa) a link to the register referred to in Article 16;
Amendment 2495 #
Proposal for a regulation
Article 27 – paragraph 3 – point g
Article 27 – paragraph 3 – point g
(g) the rights of third parties to request access to information and justice on the use of plant protection productesticides by addressing the relevant competent authority in accordance with Article 67(1) of Regulation (EC) No 1107/2009.
Amendment 2498 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Information on acute and chronic poisoning and repeated exposure
Amendment 2501 #
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 chronic poisoning incidents and repeated exposure which lead to illness or other negative health effects arising from exposure of persons to plant protection productesticides:
Amendment 2505 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) the name and authorisation number of the plant protection product and the active substances involved in the acute or chronic poisoning incident, or in case this is not known, the name and/or address of the professional user and/or fields involved in the repeated exposure;
Amendment 2507 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) the number of individuals poisoned or repeatedly exposed;
Amendment 2508 #
Proposal for a regulation
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) the symptoms of poisoning or of the repeated exposure;
Amendment 2509 #
Proposal for a regulation
Article 28 – paragraph 1 – point e – introductory part
Article 28 – paragraph 1 – point e – introductory part
(e) whether a confirmed acute or chronic poisoning incident or repeated exposure resulted from:
Amendment 2510 #
Proposal for a regulation
Article 28 – paragraph 1 – point e – point i a (new)
Article 28 – paragraph 1 – point e – point i a (new)
(ia) violation of the buffer zones and prior notification obligations as laid down in Article 18a;
Amendment 2515 #
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) the number of acute and chronic poisoning incidents or reported health effects arising from exposure of persons to plant protection productesticides during the preceding calendar year;
Amendment 2527 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. By … [OP please insert the date = first day of the month following 9 months after the date of entry into force of this Regulation], an owner of application equipment in professional use shall enter the fact that the or she isy are the owner of the application equipment in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the Member State in which the owner uses the equipment has exempted that equipment from inspection in accordance with Article 32(3).
Amendment 2534 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. If application equipment in professional use is sold, the seller and the buyer shall enter the fact of the sale, within 30 days after the sale, in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the application equipment in professional use has been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3). A similar obligation to enter a transfer of ownership in the electronic register applies in the case of any other changes of ownership of application equipment in professional use that has not been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3).
Amendment 2553 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point c
Article 30 – paragraph 1 – subparagraph 1 – point c
(c) inspect, or oversee theregularly inspection of, application equipment in accordance with Article 31(1), (2), (3) and (6);
Amendment 2556 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point d
Article 30 – paragraph 1 – subparagraph 1 – point d
(d) issue, or oversee the issuing of, certificates of inspection in accordance with Article 31(7).
Amendment 2557 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point d a (new)
Article 30 – paragraph 1 – subparagraph 1 – point d a (new)
(da) use the central electronic register to correlate measurements on water quality to use of pesticides;
Amendment 2561 #
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 public bodies to carry out such inspections.
Amendment 2566 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Each Member State shall carry out regular official controls to verify compliance by operators with the provisions of this Regulation relating to application equipment. Member States shall take appropriate follow-up measures to remedy any specific or systemic shortcomings identified through controls performed by the Commission experts in accordance with paragraphs 3 and 4. They shall give the necessary assistance to ensure that the Commission experts have access to all premises or parts of premises, and goods, and to information, including computer systems, relevant for the execution of their duties.
Amendment 2592 #
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 2599 #
Proposal for a regulation
Article 32
Article 32
Amendment 2622 #
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
(c) other information as set out in paragraph 2 on application equipment in professional use in its Member State that has not been exempted from inspection under Article 32(3).
Amendment 2639 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets and the two national 2030 reduction targets until and including 2030 is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009. and shall take into account the relative toxicity of the pesticide, the area on which it is used and the maximum application rate given in the legal requirements of the approval of the pesticide.
Amendment 2656 #
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The methodology for calculating progress in relation to harmonised risk indicators 1, 2 and 2a, at both Union and Member State level, is laid down in Annex VI. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009 and shall take into account the relative toxicity of the pesticide, the area on which it is used and the maximum application rate given in the legal requirements of the approval of the pesticide.
Amendment 2669 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. By… [OP please insert the date = first day of the month following 126 months after the date of entry into force of this Regulation], the Commission shall complete an evaluation of harmonised risk indicators 1, 2 and 2a. This evaluation shall be based on scientific research from the Joint Research Centre and extensive consultation of stakeholders, including Member States, independent scientific experts and civil society organisations. The Commission shall publish all input received on a public website, including a justification of its use thereof. The evaluation shall include the methodologies to be used in formulating new and modifying existing harmonised risk indicators in accordance with paragraph 4.
Amendment 2673 #
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 182 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, 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 2682 #
Proposal for a regulation
Article 36 – paragraph 2 – point a
Article 36 – paragraph 2 – point a
(a) identify fivefteen active substances influencing the result most significantly;
Amendment 2684 #
Proposal for a regulation
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) specify the crops or situations and the target pests on which the active substances referred to in point (a) are used, as well as the total surface area of land where the substances are used;
Amendment 2686 #
Proposal for a regulation
Article 36 – paragraph 2 – point c
Article 36 – paragraph 2 – point c
(c) specify available non-chemical methods to prevent and combat those pests;
Amendment 2689 #
Proposal for a regulation
Article -37 (new)
Article -37 (new)
Article -37 Natural or legal persons’ substantiated concerns 1. Natural or legal persons shall be entitled to submit substantiated concerns to competent authorities when they deem, based on objective circumstances, that one or more operators or traders are failing to comply with the provisions of this Regulation. 2. Competent authorities shall, without undue delay, diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriate, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation. 3. The competent authority shall, as soon as possible and at least within 45 days of receiving the concern, and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observations to the authority, of its decision to accede to or refuse the request for action and shall provide the reasons for it.
Amendment 2690 #
Proposal for a regulation
Article -37 a (new)
Article -37 a (new)
Article -37a Access to justice 1. Any natural or legal person having sufficient interest, including but not limited to those having submitted substantiated concern in accordance with Article -37 or who have participated in the public consultation in accordance to Article 8.2, shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decisions, plans, permits, acts or failure to act of the competent authority under this Regulation. Any non-governmental organisation promoting environmental protection and the protection of human health, and meeting any requirements under national law shall be deemed to have sufficient interest. 2. Access to a court or other independent and impartial public body pursuant to paragraph 1 shall be fair, equitable, timely and not prohibitively expensive and provide adequate and effective remedies, including injunctive relief where appropriate. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 2691 #
Proposal for a regulation
Article -37 b (new)
Article -37 b (new)
Article -37b Compensation 1. Member States shall ensure that, where damage to human health has occurred as a result of a violation of the provisions of this Regulation, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation. 2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.
Amendment 2693 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Member States shall lay down the rules on administrative as well as criminal penalties applicable to infringements of this Regulation and shall take the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and shall include as a minimum fines that are proportionate to the gravity and duration of the damage caused and sufficient to fulfil their punitive and deterrent function, bans on pursuit of activities which have resulted in committing the offence as well as reimbursement of costs incurred by third parties who have investigated, reported or sued the offender. Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2702 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member States mayshall recover the costs related to carrying out their obligations under this Regulation by means of fees or charges.
Amendment 2709 #
Proposal for a regulation
Article -42 (new)
Article -42 (new)
Article -42 Enabling alternatives to pesticides No later than… [OP: please insert the date = one year after the date of entry into force of this Regulation], the Commission shall present an impact assessment accompanied, where appropriate, by a legislative proposal concerning the placing on the market of non-chemical plant protection products, aimed to supplement Regulation (EC) No 1107/2009 and to facilitate the rapid availability of non-chemical alternatives for plant protection including biological control. The assessment shall include, inter alia, the differences between chemical and non-chemical products in terms of data requirement. The legislative proposal shall include measures to ensure sufficient resources at Union and Member State level to significantly speed up the authorisation and approvement periods of biological control.
Amendment 2714 #
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 = fourthree years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation based on the following:
Amendment 2716 #
Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1 – point c a (new)
Article 42 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the number of comparative assessments which are performed according to article 50 of regulation (EU) 1107/2009 and the authorisation and uses of the most hazardous pesticides without any proper comparative assessment;
Amendment 2729 #
Proposal for a regulation
Article 43 – paragraph 1 – point 1
Article 43 – paragraph 1 – point 1
Regulation (EU) 2021/2115
Article 31 – paragraph 5
Article 31 – paragraph 5
By way of derogation from points (a) and (b) of the first subparagraph of this paragraph, where in accordance with Regulation (EU) …/… of the European Parliament and of the Council*89 requirements are imposed on farmers, support may be granted to comply with those requirements for a maximum period ending on the later one of the two dates – … [OP: insert the date = 5 years from the date of entry into force of this Regulation] or 5 years from the date on which they become mandatory for the holding. Support may only be granted, if the requirements go beyond the relevant statutory management requirements and GAEC standards established under Chapter I and contribute to a significant reduction of pesticides on the holding. For the calculation of the payments, the approach in paragraph 7 point b of this article shall be applied.’ __________________ 89 +OJ: Please insert in the text the number of the Regulation contained in document … and insert the number, date and the OJ reference of that Regulation in the footnote.
Amendment 2739 #
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
It shall apply from … [OP: please insert the date = the first day of the month following …2 months after the date of entry into force of this Regulation].
Amendment 2765 #
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 and shall take into account the relative toxicity of the pesticide, the area on which it is used and the maximum application rate given in the legal requirements of the approval of the pesticide. __________________ 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 2769 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 2 – point a
Annex I – paragraph 1 – subparagraph 1 – point 2 – point a
(a) progress shall be calculated on the basis of the categorisation of chemical active substances into the 45 groups set out in the Table in this Annex;
Amendment 2770 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 2 – point e
Annex I – paragraph 1 – subparagraph 1 – point 2 – point e
(e) the chemical active substances in group 4 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011. These shall not include active substances which are expected to be approved as biological control as defined in this Regulation. This group will only apply until 31 January 2023, to ensure that the reference years in the past can still be calculated in a harmonised manner;
Amendment 2772 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 2 – point e a (new)
Annex I – paragraph 1 – subparagraph 1 – point 2 – point e a (new)
(ea) the chemical active substances in group 5 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011. These shall not include active substances which are expected to be approved as biological control as defined in this Regulation. This group will only apply from 1 February 2023, to take into account that the Court ruling in Case C- 162/21 clarified that no derogations may be given for the use of pesticides which have been banned, or explicitly not authorised, for use in the EU. Chemical active substances, for which a derogation is given after February 2023 therefore cannot be judged with one risk factor but shall be attributed the weighting factor they are estimated to receive after an application request has been granted;
Amendment 2775 #
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 multiplying the annual quantities of active substances in plant protection products placed on the market for each group in the Table in this Annex by the relevant hazard weighting set out in row (iii), and shall take into account the area on which it is used and the maximum application rate given in the legal requirements of the approval of the pesticide. followed by the aggregation of the results of these calculations.
Amendment 2782 #
Proposal for a regulation
Annex I – Section 1 – Table 1 – Row 2
Annex I – Section 1 – Table 1 – Row 2
Amendment 2785 #
Proposal for a regulation
Annex I – Section 1 – Table 1 – Row 3
Annex I – Section 1 – Table 1 – Row 3
(ii) Hazard Weightings applicable to quantities of chemical active substances placed on the market in products authorised under Regulation (EC) No 1107/2009 , standardised on the basis of the area they are used on and the maximum application rates given in the legal requirements of their approval
Amendment 2797 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 4
Annex I – paragraph 1 – subparagraph 1 – point 4
4. The baseline for reduction target 1 shall be set at 100, and is equal to the average result of the above calculation for the period 20157-20179.
Amendment 2801 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 6
Annex I – paragraph 1 – subparagraph 1 – point 6
6. The Commission shall calculate the progress towards achieving reduction target 1 in accordance with Article 34(2) of this Regulation for each calendar year and at the latest 210 months after the end of the year for which progress towards the reduction target 1 is being calculated.
Amendment 2811 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – point 5
Annex I – paragraph 1 – subparagraph 2 – point 5
5. The Commission shall calculate progress towards achieving reduction target 2 in accordance with Article 34(2) of this Regulation for each calendar year and at the latest 210 months after the end of the year for which progress towards reduction target 2 is being calculated.
Amendment 2823 #
Proposal for a regulation
Annex II – Part 1 – point 2
Annex II – Part 1 – point 2
2. all other national indicative targets indicated in Article 9(2), point (a), Article 9(3), point (a) and Article 9(4).
Amendment 2830 #
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 3 a (new)
Annex II – Part 2 – paragraph 1 – point 3 a (new)
3a. the penalties given in these cases of non-compliance;
Amendment 2831 #
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 4
Annex II – Part 2 – paragraph 1 – point 4
Amendment 2835 #
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 9
Annex II – Part 2 – paragraph 1 – point 9
Amendment 2868 #
Proposal for a regulation
Annex III – point 3 – point a
Annex III – point 3 – point a
(a) risks to human and animal health;
Amendment 2873 #
Proposal for a regulation
Annex III – point 4
Annex III – point 4
4. Integrated pest management strategies and techniques, integrated crop management strategies and techniques, agro-ecological and organic farming principles, biological pest control methods, harmful organism control methods, the obligation to apply integrated pest management as set out in Articles 12 and 13 of this Regulation, and the obligation to enter records in the electronic integrated pest management and plant protection product use register, as set out in Article 14 of this Regulation.
Amendment 2874 #
Proposal for a regulation
Annex III – point 5
Annex III – point 5
5. When plant protection products aresticides are temporarily deemed to be needed, how to choose the plant protection productesticides with the least side effects on human health,and animal health, beneficial and non-target organisms and the environment among all authorised products for a given pest problem, in a given situation.
Amendment 2876 #
Proposal for a regulation
Annex III – point 6 – introductory part
Annex III – point 6 – introductory part
6. Measures to minimise risks to humans, and animals, beneficial and non- target organisms and the environment, including:
Amendment 2878 #
Proposal for a regulation
Annex III – point 6 – point c a (new)
Annex III – point 6 – point c a (new)
(ca) the recommended way to minimise exposure to rural residents, bystanders and people and animals passing by, as well as how to communicate with rural neighbours about the use of chemical pesticides in their vicinity, giving them prior notification and ensuring information transfer about the potential risks of their exposure;
Amendment 2897 #
Proposal for a regulation
Annex VI – Section 2 – point 2 – point a
Annex VI – Section 2 – point 2 – point a
(a) harmonised risk indicator 1 shall be calculated on the basis of the categorisation of all active substances into the 45 groups set out in Table 1;
Amendment 2898 #
Proposal for a regulation
Annex VI – Section 2 – point 2 – point e
Annex VI – Section 2 – point 2 – point e
(e) the active substances in group 4 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011. These shall not include active substances which are expected to be approved as biological control as defined in this Regulation. This group will only apply until 31 January 2023, to ensure that the reference years in the past can still be calculated in a harmonised manner;
Amendment 2900 #
Proposal for a regulation
Annex VI – Section 2 – point 2 – point e a (new)
Annex VI – Section 2 – point 2 – point e a (new)
(ea) the chemical active substances in group 5 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011. These shall not include active substances which are expected to be approved as biological control as defined in this Regulation. This group will only apply from 1 February 2023, to take into account that the Court ruling in Case C- 162/21 clarified that no derogations may be given for the use of pesticides which have been banned, or explicitly not authorised, for use in the EU. Chemical active substances, for which a derogation is given after February 2023 therefore cannot be judged with one risk factor but shall be attributed the weighting factor they are estimated to receive after an application request has been granted;
Amendment 2901 #
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 multiplying the annual quantities of active substances in plant protection products placed on the market for each group in Table 1 by the relevant hazard weighting set out in row (iii) and shall take into account the area on which it is used and the maximum application rate given in the legal requirements of the approval of the pesticide, followed by the aggregation of the results of these calculations.
Amendment 2905 #
Proposal for a regulation
Annex VI – Section 2 – Table 1 – Row 2
Annex VI – Section 2 – Table 1 – Row 2
(i) Low-risk active Active substances Active substances Active substances substances which approved or that are approved as which are not are approved or deemed to be candidates for approved under deemed to be approved under substitution in Regulation (EC) No approved under Regulation (EC) No accordance with 1107/2009, and Article 22 of 1107/2009, and not Article 24 of therefore which are Regulation (EC) No falling in other Regulation (EC) No not listed in the 1107/2009, and categories, and 1107/2009 and Annex to which are listed in which are listed in listed in Part E of Implementing Part D of the Annex Parts A and B of the the Annex to Regulation (EU) No to Implementing Annex to Implementing 540/2011 Regulation (EU) No Implementing Regulation (EU) No 540/2011 Regulation (EU) No 540/2011, or that 540/2011 are listed in the Annex to Implementing Regulation (EU) 2015/408. Low-risk Chemical active Chemical active UNTIL 31 FROM chemical active substances substances that are JANUARY 2023: 1 FEBRUARY substances which approved or approved as Chemical active 2023: are approved or deemed to be candidates for substances which Chemical active deemed to be approved under substitution in are not approved substances which approved under Regulation (EC) accordance with under Regulation are not approved Article 22 of No 1107/2009, Article 24 of (EC) No under Regulation Regulation (EC) and not falling in Regulation (EC) No 1107/2009, and (EC) No No 1107/2009, other categories, 1107/2009 and therefore which are 1107/2009, and and which are and which are listed in Part E of not listed in the therefore which listed in Part D of listed in Parts A the Annex to Annex to are not listed in the Annex to and B of the Implementing Implementing the Annex to Implementing Annex to Regulation (EU) Regulation (EU) Implementing Regulation (EU) Implementing No 540/2011, or No 540/2011. Regulation (EU) No 540/2011 Regulation (EU) that are listed in the These shall not No 540/2011. No 540/2011 Annex to include active These shall not Implementing substances which include active Regulation (EU) are expected to be substances which 2015/408. approved as are expected to be biological control approved as as defined in this biological control Regulation. as defined in this Regulation. In accordance with the ruling of 19 January 2023 of the Court of Justice in case (Case C-162/21), these shall not include active substances which are prohibited or explicitly non- approved for use in the EU.
Amendment 2908 #
Proposal for a regulation
Annex VI – Section 2 – Table 1 – Row 3
Annex VI – Section 2 – Table 1 – Row 3
(ii) Hazard wWeightings applicable to quantities of chemical active substances placed on the market in products authorised under Regulation (EC) No 1107/2009 , standardised on the basis of the area they are used on and the maximum application rates given in the legal requirements of their approval
Amendment 2915 #
Proposal for a regulation
Annex VI – Section 2 – Table 1 – Row 4
Annex VI – Section 2 – Table 1 – Row 4
(iii) (iii) 1 8 16 64 64 * * the weighting factor they are estimated to receive after an application request has been granted
Amendment 2917 #
Proposal for a regulation
Annex VI – Section 2 – point 4
Annex VI – Section 2 – point 4
4. The baseline for harmonised risk indicator 1 shall be set at 100, and is equal to the average result of the above calculation for the period 20113-20135.
Amendment 2919 #
Proposal for a regulation
Annex VI – Section 2 – point 6
Annex VI – Section 2 – point 6
6. The Commission shall calculate and publish the results of harmonised risk indicator 1 at Union level in accordance with Article 35(2) of this Regulation for each calendar year and at the latest 210 months after the end of the year for which harmonised risk indicator 1 is being calculated.
Amendment 2921 #
Proposal for a regulation
Annex VI – Section 2 – point 7
Annex VI – Section 2 – point 7
7. The Member States shall calculate and publish the results of harmonised risk indicator 1 at national level in accordance with Article 35(3) of this Regulation for each calendar year and at the latest 210 months after the end of the year for which harmonised risk indicator 1 is being calculated.
Amendment 2923 #
Proposal for a regulation
Annex VI – Section 3 – point 2 – point a
Annex VI – Section 3 – point 2 – point a
(a) harmonised risk indicator 2 shall be based on the number of authorisations granted under Article 53 of Regulation (EC) No 1107/2009, and it shall be calculated on the basis of the categorisation of active substances into the 45 groups set out in Table 2 of this Section;
Amendment 2924 #
Proposal for a regulation
Annex VI – Section 3 – point 2 – point e
Annex VI – Section 3 – point 2 – point e
(e) the active substances in group 4 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011. These shall not include active substances which are expected to be approved as biological control as defined in this Regulation. This group will only apply until 31 January 2023, to ensure that the reference years in the past can still be calculated in a harmonised manner;
Amendment 2925 #
Proposal for a regulation
Annex VI – Section 3 – point 2 – point e a (new)
Annex VI – Section 3 – point 2 – point e a (new)
(ea) the chemical active substances in group 5 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011. These shall not include active substances which are expected to be approved as biological control as defined in this Regulation. This group will only apply from 1 February 2023, to take into account that the Court ruling in Case C- 162/21 clarified that no derogations may be given for the use of pesticides which have been banned, or explicitly not authorised, for use in the EU. Chemical active substances, for which a derogation is given after February 2023 therefore cannot be judged with one risk factor but shall be attributed the weighting factor they are estimated to receive after an application request has been granted;
Amendment 2926 #
Proposal for a regulation
Annex VI – Section 3 – point 3 – paragraph 1
Annex VI – Section 3 – point 3 – paragraph 1
Harmonised risk indicator 2 shall be calculated by multiplying the number of authorisations granted for plant protection products under Article 53 of Regulation (EC) No 1107/2009 for each group in Table 2 by the relevant hazard weighting set out in row (iii), and shall take into account the area on which it is used and the maximum application rate given in the legal requirements of the approval of the pesticide, followed by the aggregation of the results of these calculations.
Amendment 2927 #
Proposal for a regulation
Annex VI – Section 3 – Table 2 – Row 2
Annex VI – Section 3 – Table 2 – Row 2
Amendment 2930 #
Proposal for a regulation
Annex VI – Section 3 – Table 2 – Row 3
Annex VI – Section 3 – Table 2 – Row 3
(ii) Hazard wWeightings applicable to quantities of chemical active substances placed on the market in products authorised under Regulation (EC) No 1107/2009 products authorised under Regulation (EC) No 1107/2009, standardised on the basis of the area they are used on and the maximum application rates given in the legal requirements of their approval
Amendment 2937 #
Proposal for a regulation
Annex VI – Section 3 – Table 2 – Row 4
Annex VI – Section 3 – Table 2 – Row 4
(iii) 1 1 8 1616 64 * 64 * the weighting factor they are estimated to receive after an application request has been granted
Amendment 2939 #
Proposal for a regulation
Annex VI – Section 3 – point 6
Annex VI – Section 3 – point 6
6. The Commission shall calculate and publish the results of harmonised risk indicator 2 at Union level in accordance with Article 35(2) of this Regulation for each calendar year and at the latest 210 months after the end of the year for which harmonised risk indicator 2 is being calculated.
Amendment 2941 #
Proposal for a regulation
Annex VI – Section 3 – point 7
Annex VI – Section 3 – point 7
7. The Member States shall calculate and publish the results of harmonised risk indicator 2 at national level in accordance with Article 35(3) of this Regulation for each calendar year and at the latest 210 months after the end of the year for which harmonised risk indicator 2 is being calculated.
Amendment 2944 #
Proposal for a regulation
Annex VI – Section 4 – point 1
Annex VI – Section 4 – point 1
1. This indicator shall be based on the number of authorisations granted for plant protection products under Article 53 of Regulation (EC) No 1107/2009, and the extent of the areas treated under these authorisations and the maximum application rate given in the legal requirements of the approval of the pesticide, as communicated to the Commission in accordance with Article 53(1) of that Regulation.
Amendment 2945 #
Proposal for a regulation
Annex VI – Section 4 – point 2 – point f
Annex VI – Section 4 – point 2 – point f
(f) the active substances in group 4 shall be those not approved under Regulation (EC) No 1107/2009, and therefore not listed in the Annex to Implementing Regulation (EU) No 540/2011. These shall not include active substances which are expected to be approved as biological control as defined in this Regulation;
Amendment 2946 #
Proposal for a regulation
Annex VI – Section 4 – point 3 – paragraph 1
Annex VI – Section 4 – point 3 – paragraph 1
Harmonised risk indicator 2a shall be calculated by multiplying the number of authorisations granted for plant protection products under Article 53 of Regulation (EC) No 1107/2009 for each group in Table 3 by the relevant hazard weighting set out in row (iii), and by the areas treated under these authorisations and the maximum application rate given in the legal requirements of the approval of the pesticide, followed by the aggregation of the results of these calculations.
Amendment 2947 #
Proposal for a regulation
Annex VI – Section 4 – Table 3 – Row 2
Annex VI – Section 4 – Table 3 – Row 2
Amendment 2950 #
Proposal for a regulation
Annex VI – Section 4 – Table 3 – Row 3
Annex VI – Section 4 – Table 3 – Row 3
Amendment 2957 #
Proposal for a regulation
Annex VI – Section 4 – Table 3 – Row 4
Annex VI – Section 4 – Table 3 – Row 4
(iii) 1 8 16 64 * * the weighting factor they are estimated to receive after an application request has been granted