32 Amendments of Billy KELLEHER related to 2022/0196(COD)
Amendment 277 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the sustainable use of plant protection products and ensuring sustainable crop protection, and amending Regulations (EU) 2021/2115 and (EC) 1107/2009 (Text with EEA relevance)
Amendment 298 #
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 ., while stressing that their achievability depends on the availability of safer, effective and efficient alternatives; __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 363 #
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 indicativend set targets tofor increaseing the percentage of crops on which biological control agents are usedsales of low risk and biological control plant protection products. __________________ 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 367 #
Proposal for a regulation
Recital 12
Recital 12
(12) The objective of the Farm to Fork Strategy is to make substantial progress in the reduction of the use of chemical plant protection products in an economically viable way. In order to achieve that aim, it is necessary to set quantified targets at Union and Member State levels for the reduction in the use and risk of chemical plant protection products and the use of more hazardous plant protection products to monitor progress. National targets should be established by national law in order to ensure adequate progress and accountability in relation to them. These binding national targets should also be achieved by Member States by 2030. The reduction in the use of chemical plant protection products is expected to significantly reduce occupational safety and health risks for professional users. In order to ensure that professional users of plant protection products are still able to adequately protect crops against pests and diseases, this regulation should also ensure that more low risk and biological control plant protection products are available. Considering that a reduction in chemical plant protection products is only sustainable if crop failures in agriculture can continue to be prevented, the reduction targets for chemical plant protection products should only apply if sufficient alternatives are available and new genomic techniques can be used to grow healthier crops. Therefore, this regulation should set Union and national targets to increase the sales of low risk and biological control plant protection products ('replacement targets').
Amendment 388 #
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibility when setting their own binding national targets (“national 2030 reduction targets”). Intensity of use is best measured by dividing the total quantity of active substances placed on the market, and therefore used, in the form of plant protection products in a particular Member State by the surface area over which the active substances were applied. Intensity in the use of chemical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sustainable farming practices. It is therefore appropriate to allow Member States to take their lower intensity of use of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also appropriate to require them to take their higher intensity of use of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of chemical plant protection products, they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. Member States should be allowed to justify their inability to meet the national 2030 reduction targets due to a lack of available alternatives to chemical plant protection products or due to taken measures to ensure food security and safety. The EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high exposure to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and crops. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of chemical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
Amendment 400 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The overall objective of this regulation should be to reduce the environmental impact of plant protection measures. Reduction in the use of chemical plant protection products is only one of multiple measures that can contribute to achieving this goal. Considering that there is currently not enough data at Union level to properly assess the overall environmental impact of plant protection measures, the harmonised risk indicators based on the sales plant protection products are used. However, some Member States have and will continue to develop indicators for the integral assessment of environmental impact of plant protection measures. Member States should be able to fulfil their obligations for national reduction targets by setting and reaching targets on the basis of these new indicators. Member States should be able to include in their national action plan a methodology, baseline reference year and set target, to be approved by the Commission.
Amendment 413 #
Proposal for a regulation
Recital 14
Recital 14
(14) Member States should draft and publish national action plans. In order for the Member State national action plans to be effective, they should contain quantitative objectives, references to binding national 2030 reduction targets as set out in national law, together with related indicative targets set out in the national action plans, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment and to increase the availability of alternative measures for plant protection. This will allow for a structured approach to the setting of quantitative objectives and targets, with a clear link to the national 2030 reduction targets. In order to monitor compliance with the provisions of this Regulation, Member States should also be required to report annually on targets and precise quantitative data relating to compliance with provisions on use, training, application equipment and integrated pest management.
Amendment 423 #
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-chemicallow risk alternatives. Availability of these alternatives will incentivise the adoption of low pesticide- input pest management practices such as organic farming. In order to ensure that sufficient low risk and biological plant protection products are available to meet the Union reduction and replacement targets, it is appropriate to amend Regulation (EC) 1107/2009 to enable provisional authorisation for these products.
Amendment 469 #
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 products to levels that are economically and ecologically justified and minimising risks to human health and the environment is necessary for the protection of human 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 control mechanisms and uses chemical control only when all other control means are exhausted or if the use of chemical methods is considered to be economically and ecologically justified. To ensure that integrated pest management is implemented consistently on the ground, it is necessary to lay down clear rulguidelines 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 products should only be used when all other control means have been exhausted or if the use of chemical methods is considered to be economically and ecologically justified. 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 510 #
Proposal for a regulation
Recital 25
Recital 25
(25) Use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67 and Council Directive 92/43/EEC68 . If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas, to be defined by Member States as part of their national action plan, and within 3 metres of such areas, should therefore be prohibited. Derogations from the prohibitiThe application of low-risk and biological control products should remain possible. Deviations from the 3-metre buffer zone should only be allowed under certain conditions and on a case-by-case basisbe justified by Member States as part of their national action plan. __________________ 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 574 #
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. The Commission should however also publish a report evaluating the feasibility of developing a harmonised Union indicator for the environmental impact of plant protection measures that focusses on more aspects beyond quantity of plant protection products.
Amendment 581 #
Proposal for a regulation
Recital 38
Recital 38
(38) Statistical data on plant protection products collected in accordance with Regulation (EC) No 1185/2009 of the European Parliament and of the Council74 should be used in calculating these harmonised risk indicators and progress towards achieving binding Union and national targets based on the Farm to Fork Strategy. Given that pesticide use fluctuates between years depending, in particular, on the weather, a three year baseline period is appropriate to take account of such fluctuations. The baseline period for the calculation of harmonised risk indicators 1 and 2 is 2011–2013, as this was the first three year period for which data was received by the Commission under Regulation (EC) No 1185/2009 and coincides with the entry into force of Directive 2009/128/EC. The baseline period for the calculation of progress towards the Union 2030 reduction targets is 2015–3-2017, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategy5. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 2152 #
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) a proven serious and exceptional risk of the spread of quarantine pests or invasive alien species exists;
Amendment 2168 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The competent authority referred to in paragraph 3 shall decide on the application for a permit for the use of a plant protection product in a timely manner to ensure that the risk as referred to in point (a) of paragraph 3 is avoided, and latest within 21 weeks of its submission.
Amendment 2177 #
Proposal for a regulation
Article 18 – paragraph 6 – point b
Article 18 – paragraph 6 – point b
(b) if necessary for the protection of the general public and vulnerable groups, the obligation to display notices regarding use of plant protection products on the perimeter of the area to be treated, and any specific form such display is to take;
Amendment 2185 #
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
7. AIf necessary for the protection of the general public and vulnerable groups, a professional user that has been granted a permit to use a plant protection product in a sensitive area shall display notices to that regard on the perimeter of the area to be treated in the form indicated in the permit.
Amendment 2205 #
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 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques, with the exception of low-risk plant protection products and biocontrol products for the 3 metres buffer zone. Deviation of this 3 metre buffer zone shall be justified by the Member State in its National Action Plan, and may be justified if the risk for the sensitive area is negligible, by the use of alternative risk-mitigation techniques or implementation of the buffer zone would require a disproportionate amount of agricultural land.
Amendment 2221 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. By … [OP: please insert the date of application of this Regulation], Member States shall have in place appropriate measures to avoid deterioration caused by plant protection products 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 with the aim 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 2434 #
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. Where the circumstances of the plant protection measures taken by the professional user have not changed significantly, a shortened version of the strategic advice may be given, and the user does not have to fulfil all the requirements of paragraph 4. The strategic advice shall be designed in such a way that it will not cause disproportionate administrative burden or cost to professional users. Member States may, as part of their National Action Plan, define criteria under which professional users do not have to comply with article 3 and 4 of this paragraph. Such criteria shall ensure that only professional users are excluded for which the benefits of the strategic advice will be negligible.
Amendment 2442 #
Proposal for a regulation
Article 26 – paragraph 4 – point a
Article 26 – paragraph 4 – point a
(a) application of relevant control techniques to prevent harmful organisms and diseases;
Amendment 2526 #
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 he or she is 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). Member States shall ensure that the registration procedure will not result in disproportionate administrative burdens or costs for professional users.
Amendment 2655 #
Proposal for a regulation
Article 35 – title
Article 35 – title
Methodology for calculating harmonised risk indicators 1, 2 and 2a, 2a, and new indicators for assessment of the environmental impact of plant protection measures.
Amendment 2659 #
Proposal for a regulation
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3a. The Commission shall by 2027, publish a report evaluating the indicators developed by Member States under article 4a for the environmental impact of plant protection measures. This report shall, on the basis of the indicators developed by Member States, evaluate the feasibility of developing a harmonised Union indicator for the environmental impact of plant protection measures.
Amendment 2666 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or, provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d)or provide new indicators for the integral environmental impact of plant protection measures following the report as mentioned in paragraph 3a of this Article.
Amendment 2668 #
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 12 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, scientific experts and civil society organisations. The evaluation shall in particular focus on the suitability of the harmonised risk indicators to assess the overall environmental impact of plant protection measures, taking into account the impact of possible crop failures due to reduction in the use of plant protection products. The evaluation shall include the methodologies to be used in formulating new and modifying existing harmonised risk indicators in accordance with paragraph 4.
Amendment 2671 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. Taking into account the results of the evaluation provided for in paragraph 5 and no later than 18 months after the publication of the statistics on the use of plant protection products in agriculture for the first reference period as referred to in Article 9 of Regulation xxx/xxx [reference to adopted act to be inserted], the Commission shall, if it considers it appropriate, establish new harmonised risk indicators or, modify the existing ones on the basis of statistical data related to the use of plant protection products, or establish new indicators for the environmental impact of plant protection measures in accordance with paragraph 4 of this Article.
Amendment 2699 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Member States may recover the costs related to carrying out their obligations under this Regulation by means of fees or charges. Member States shall ensure that funds received from these fees or charges are reserved for the competent authority.
Amendment 2733 #
Proposal for a regulation
Article 43 a (new)Regulation (EU) 1107/2009
Article 43 a (new)Regulation (EU) 1107/2009
Article 30 a (new)
Amendment 2735 #
Proposal for a regulation
Article 43 b (new)
Article 43 b (new)
Regulation (EU) 1107/2009
Article 74
Article 74
Article 43b Amendments to Regulation (EU) 1107/2009 Regulation (EC) No 1107/2009 is amended as follows: (1) In Article 74, the following paragraphs are added: '3. Member States shall ensure that funds received from the fees or charges referred to in paragraph 1 are reserved for the competent authority as designated under article 75. 4. Member States shall ensure that sufficient funding is ring-fenced for the competent authority as designated under article 75 to prevent delays in authorisation procedures.'
Amendment 2793 #
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 20153-20175.
Amendment 2808 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – point 3
Annex I – paragraph 1 – subparagraph 2 – point 3
3. The baseline for reduction target 2 shall be set at 100, and is equal to the average result of the above calculation for the period 20153-20175.
Amendment 2942 #
Proposal for a regulation
Annex VI – Section 3 – point 8
Annex VI – Section 3 – point 8
8. With effect from 1 January 2027, the Commission is empowered to adopt delegated acts in accordance with Article 40 to enable that the methodology of harmonised risk indicator 2 shallcan be replaced by the methodology of harmonised risk indicator 2a referred to in section 4 of this Annex.