46 Amendments of Ljudmila NOVAK related to 2022/0196(COD)
Amendment 274 #
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal.
Amendment 296 #
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 . . However, the European Parliament in its resolution of 20 October 2021 on a Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system avoided setting a numerical Union-wide binding target for the reduction of pesticide use. The European Parliament also called on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide binding target, ensure a level playing field, as well as how it will clarify the baselines for these reduction targets, taking into account the different starting points, efforts undertaken and characteristics of each Member State. __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 332 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 353 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 374 #
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 bindingMember States should contribute to approach the EU target, in line with each Member state’s contribution to the EU average of use of chemical plant protection products. These 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.
Amendment 386 #
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and substantial differences in intensity of pesticide use and availability of active substances 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 addition, Member state’s contribution to the EU average of use of chemical plant protection products should be taken into account when setting national 2030 reduction targets. Where Member States contribute more to the EU average of plant protection products use, they should also make a greater contribution to the achievement of the Union 2030 reduction targets. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. The EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high exposure to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and crops. 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 412 #
Proposal for a regulation
Recital 14
Recital 14
(14) Member States should draft and publish national action plans. In order for the Member State national action plans to be effective, they should contain quantitative objectives, references to binding national 2030 reduction targets as set out in national law, together with related indicative targets set out in the national action plans, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment. This will allow for a structured approach to the setting of quantitative objectives and targets, with a clear link to the national 2030 reduction targets. In order to monitor compliance with the provisions of this Regulation, Member States should also be required to report annually on targets and precise quantitative data relating to compliance with provisions on use, training, application equipment and integrated pest management.
Amendment 419 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The current provision in the Article 34 of the Regulation (EC) No 1107/2009 of the European Parliament and of the Council grants an exemption from supplying, in support of the authorisation application, the relevant tests and study reports to applicants who demonstrate that data protection period for a plant protection product has expired. Such provision does not incentivise investments in new technologies that could contribute to reaching the Union 2030 reduction targets. Approval processes for technological innovations in the EU should benefit from the "fast track" procedure in order to provide professional users with the broader range of solutions on the one side and faster reduction of the plant protection product use on the use on the other. Plant protection products with the proven reduction of the dose rates of the active substance should be evaluated as a priority.
Amendment 428 #
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 effective and affordable biological control and other non-chemical alternatives. Availability of these effective and affordable alternatives will incentivise the adoption of low pesticide-input pest management practices such as organic and agroecological farming.
Amendment 465 #
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. To ensure that integrated pest management is 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 products should only be used 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 as much as possible.
Amendment 476 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) In order not to burden small farms with additional sustainability requirements already set in the National CAP Strategic Plans, integrated pest management shall be mandatory only for professional users, whose size of agricultural holdings is above the average size of the agricultural holding in the Member State. Member States should also be allowed to put additional minimum thresholds for the mandatory application of integrated pest management with setting the minimum thresholds of hectares of arable land and land under permanent crops per crop type.
Amendment 483 #
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 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 Commission should verify their development, implementation and enforcement on the ground. In this regard, the European Parliament welcomes the publication of a database of examples of practices, techniques and technologies across eight established Integrated Pest Management principles, including 273 crop specific guidelines by the European Commission on 28 February 2023. Taking into account the amount of examples indicated in the database, the Parliament underlines the importance of maintaining flexibility in the implementation of Integrated Pest Management across the various Member States, regions and crops grown in the European Union.
Amendment 490 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 515 #
Proposal for a regulation
Recital 25
Recital 25
(25) Use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67 and Council Directive 92/43/EEC68 . If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas and within 3 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 basibe allowed under certain conditions, defined by this Regulation and the Member States. __________________ 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 592 #
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 2015–2017, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategy. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 601 #
Proposal for a regulation
Recital 39
Recital 39
(39) For the moment, the only robust statistical data available at Union level relating to the marketing and use of plant protection products are the statistics on the quantities of active substances in plant protection products placed on the market, and the data on the number of authorisations for emergency situations in plant protection granted under Regulation (EC) No 1107/2009. Those statistics are used in the calculation of harmonised risk indicators 1 and 2 under Directive 2009/128/EC and in calculating progress towards the binding Union 2030 reduction targets and nationalUnion 2030 reduction targets based on the Farm to Fork Strategy. The new harmonised risk indicator 2a will be calculated using statistics on the number of authorisations for emergency situations in plant protection, the properties of the active substances in plant protection products subject to these authorisations, and the areas treated under these authorisations to better quantify the risks arising from authorisations for emergency situations in plant protection.
Amendment 626 #
Proposal for a regulation
Recital 43
Recital 43
(43) In order to enforce the obligations set out in this Regulation, Member States shouldmay lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties should be effective, proportionate and dissuasive. It is also important to provide for Member States to recover costs related to carrying out obligations under this Regulation by means of fees or charges in order to ensure that adequate financial resources are available to competent authorities.
Amendment 645 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 2313 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Advice on the use of a plant protection product to a professional user may only be given by an advisor for whom a training certificate has been issued for following courses for advisors in accordance with Article 25 or who has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2328 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her 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 2334 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of 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 2347 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risks and the appropriate safety instructions to manage those risks.
Amendment 2378 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic register and overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
Amendment 2381 #
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. A training certificate or an entry in a central electronic register shall contain the following information:
Amendment 2396 #
Proposal for a regulation
Article 25 – paragraph 4 – point g
Article 25 – paragraph 4 – point g
(g) the validity period of the training certificate or entry in the central electronic register.
Amendment 2400 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A competent authority designated in accordance with paragraph 2 shall provide electronica proof of entry in a central electronic register to a professional user, distributor or advisor at the time the entry is made. Such electronic proof shall include a record of the period of validity of the entry in the central electronic register.
Amendment 2408 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. A training certificate or an entry in a central electronic register shall be valid for 10 years in the case of a distributor or professional user and for 5 years in the case of an advisor.
Amendment 2411 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Subject to paragraph 6, a training certificate or an entry in a central electronic register shall only be made or renewed if the holder of the certificate or the person whose name has been entered in the central electronic register demonstrates satisfactory completion of an initial and follow up training or extensive training referred to in paragraph 1, point (a) or (c).
Amendment 2415 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. A competent authority designated in accordance with paragraph 2 or an appointed body referred to in paragraph 1 shall withdraw a training certificate if it was incorrectly issued or renewed or shall correct an entry in the central electronic register if it was incorrectly introduced.
Amendment 2525 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Amendment 2530 #
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).
Amendment 2536 #
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 2539 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. If application equipment in professional use is withdrawn from use and is not intended to be used again, its owner shall, within 30 days after the withdrawal from use, enter the fact that the equipment has been withdrawn from use in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V.
Amendment 2541 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 2544 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point a
Article 30 – paragraph 1 – subparagraph 1 – point a
(a) establish and maintain a central electronic register to record information on all application equipment in professional use in the Member State;
Amendment 2550 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
Article 30 – paragraph 1 – subparagraph 1 – point b
(b) use the central electronic register to receive and process third party entries regarding ownership, transfer of ownership, sale, withdrawal from use and return to use of application equipment in professional use;
Amendment 2569 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 2574 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 2585 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The results of each inspection for which application equipment in professional use passes the test shall be recorded by the competent authority referred to in Article 30 in the central electronic register of application equipment in professional use referred to in Article 33.
Amendment 2589 #
Proposal for a regulation
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) recorded by that competent authority in the central electronic register of application equipment in professional use referred to in Article 33.
Amendment 2611 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Application equipment in professional use that has been exempted from inspection in accordance with paragraph 3 shall not be subject to the requirement to make an entry in the electronic register referred to in Article 29 or the registration requirements referred to in Article 33.
Amendment 2615 #
Proposal for a regulation
Article 33
Article 33
Amendment 2619 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. Each competent authority designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record:
Amendment 2696 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
Amendment 2838 #
Proposal for a regulation
Annex II – Part 2 – paragraph 2 – point 10
Annex II – Part 2 – paragraph 2 – point 10
10. the percentage of professional users, advisors and distributors trained in the subjects listed in Annex III and holding a training certificate in accordance with Article 25 or who has a proof of entry in a central electronic register in accordance with Article 25(5), broken down by professional users, advisors and distributors;
Amendment 2847 #
Proposal for a regulation
Annex II – Part 2 – paragraph 4 – point 15
Annex II – Part 2 – paragraph 4 – point 15
15. the percentage of utilised agricultural area in each Member State that is covered by crop-specific rules that have been made legally binding under national legislatioguidelines in its National action plan.