36 Amendments of Sergio BERLATO related to 2022/0196(COD)
Amendment 276 #
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal (The proposal is inconsistent with the principles of subsidiarity and proportionality.)
Amendment 284 #
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 precautionary principle is set out in Article 191 of the Treaty, acknowledging that is already taken into account in of the authorisation procedure.
Amendment 319 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Commission Communication entitled ‘the European Green Deal’47 set out a roadmap of key measures, including legislative, to significantly reduce the use and risk of chemical pesticides. In the Farm to Fork Strategy48 , EU Biodiversity Strategy for 203049 and the Zero Pollution Action Plan50 , the Commission committed to take action to reduce by 50% the overall use and risk from chemical pesticides by 2030 and reduce by 50% the use of more hazardous pesticides (plant protection products containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council51 and listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/201152 , or containing one or more active substances listed in the Annex to Commission Implementing Regulation (EU) 2015/40853 ) by 2030. The sustainable use of plant protection products is also complementary to the promotion of organic farming and achieving the Farm to Fork Strategy target of at least 25% of the Union’s agricultural land under organic farming by 2030. It supports the objectives of the EU strategic framework on health and safety at work54 and thereby contributes to the implementation of principle 10 of the European Pillar of Social Rights on a healthy, safe and well- adapted work environment. As plant breeding and seed production contribute to the overall reduction targets, through the marketing of resistant varieties and the supply of healthy seeds to the market, the above mentioned activities are exempt from the overall reduction targets. __________________ 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM/2019/640 final. 48 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM/2020/381 final. 49 Communication from the Commission to the European Parliament the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final. 50 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil', COM(2021) 400 final. 51 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 (OJ L 309, 24.11.2009, p. 1). 52 Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1). 53 Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ L 67, 12.3.2015, p. 18). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU strategic framework on health and safety at work 2021-2027 Occupational safety and health in a changing world of work, COM/2021/323 final.
Amendment 338 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 342 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In their latest advice about the ECI “Save bees and farmers”, the EESC points out that many legislative acts are being prepared or have already been adopted by the Commission in favour of bees, pollinators, biodiversity, the sustainable use of pesticides, and support for farmers in the agro-ecological transition. It recognises, however, that these measures have not fully achieved their objectives. It therefore calls on the Commission to take additional measures to achieve its ambitious objectives more effectively in practice. For example, it recommends stronger support for precision agriculture, digital agriculture, biological control, and robotics, as well as agro-ecology. The EESC stresses the need to take into account all three pillars of sustainability (environmental, social and economic), without neglecting the economic situation, which is often overlooked, in an essential context of systemic sustainability and food sovereignty The EESC also calls on the Commission to carry out impact assessments before taking any decision, in order to assess, in particular, the costs of the initiative for agricultural production and the economy, compared to the financial cost of biodiversity loss for farmers.
Amendment 356 #
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are a sustainable controlis one type of alternative to the use of chemical products, to combine with other solutions like agronomic practices, genetics, innovative agricultural equipment, etc. 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 both organic, high-technological and conventional farming. Access to biological controls would facilitates moving away from chemical plant protection products and apply them as a last resort following the Integrated Pest Management (IPM) principles, including reduced use through precision farming techniques. 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 indicative 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 379 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Since the European Commission presented the Green Deal, including the Farm to Fork Strategy in May 2020, numerous impact assessments have been conducted in order to measure the impact of the Commission proposals on European agriculture and food security in the Union. One of these studies, conducted by Wageningen University and Research, found that the proposed targets could lead to an average production decline of up to 20%12a. __________________ 12a https://www.wur.nl/en/research- results/research-institutes/economic- research/show-wecr/green-deal-probably- leads-to-lower-agricultural-yields.htm
Amendment 380 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
Amendment 384 #
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 flexibilityadaptation to farm realities in their National Strategic Plans when setting their own binguiding national targetreduction ambitions (“national 2030 reduction targets”). Intensity of use isand risk should best measured by dividing the total quantity of active substances placedthrough a scientifically justified formula, taking into account the particular conditions onf the mfarket, and therefore used, in the form of plant protems (e.g., technical and mechanical solutions to reduce risk should be taken into account; for closed farming systems, the impacti on products in a particular Member State by the surface area over which the active substances wethe environment is much lower and not related to sales, etc.) and the Member States (e.g., geography, climate, production methods, IPM measures applied. Intensity in th jointly with the possible use of csynthemtical 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 sust when needed) and developing comparable usage indicators that would not rely on adaptation of sales data but on usage per unit of harvested product. Intensity in the use of synthetic and/or hazardous pesticides may depend on the avainlable farming pracility of alternaticves. It is therefore appropriate to allow Member States to take their lower intensity of or low-risk products and tools to be used instead. Availability of suitable alternatives allows farmers to use of csynthemtical 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 cas a last recourse following IPM principles. It is therefore appropriate to allow Member States to consider both the availability in the market of synthemtical pesticides than the Union average into account in sett, low-risk and non-synthetic tools for plant protection when designing 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 csynthemtical 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 and risk 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. TMember States territories, including 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 expo, should be allowed to take into account the specific needs of their different regions as regards the use of plant protection products and measures 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 cropailored to specific climatic conditions and crops. In some particular regions, tailored- measures should be further developed to cope with problems derived from remoteness, insularity and/or high exposure to climate change. This should allow a case-by-case decision-making process regarding the level of pesticide reduction targets in both EU continental and outermost regions. 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 csynthemtical 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 403 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In its Staff Working Document on the Drivers of Food Security, the European Commission acknowledges that “Soil, water, biodiversity, and air are basic requirements for food production” and confirms how availability and access to food for consumers at reasonable prices are objectives that cannot be taken for granted.
Amendment 473 #
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 there are no viable alternatives or 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 505 #
Proposal for a regulation
Recital 25
Recital 25
(25) UImproper 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 , such as parks or urban areas and sports and leisure facilities, urban areas covered by a watercourse or water feature, to be defined at a case-by-case basis considering the particular conditions of each Member State. 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 basis. __________________ 67 Directive 2009/147/EC of the European Parliaor 1 meter when efficient drift control nozzles are used, should therefore be prohibited. If a physical buffer zone is already present, no addition buffer zones are needed. Exemptions and derogations from the prohibition should be foreseen for cases where the use of PPPs contributes to the achievement and of the Council of 30 November 2009overall objectives onf 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)is Regulation, e.g. the use of PPPs in plant breeding and seed production to assure the supply of healthy commercial seed for farmers and growers compliant with EU Regulation 2016/2031 and specific standards laid down in the EU seed marketing legislation.
Amendment 584 #
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 based on real use of pesticides and progress towards achieving binguiding 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 fluctuationt least a ten year timespan should be considered to see the real usage trends in use of pesticides. 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–, therefore, 2011 – 20173, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategyin order to fully reflect and respect the achievements already made by European farmers. 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 598 #
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 plantThe EU Biodiversity Strategy for 2030 recognises the need for urgent action to protect biodiversity. There is evidence of a widespread reduction of species, in particular insects and pollinators, in the Union. Biodiversity loss is, amongst other factors such as decrease in livestock proteduction granted under Regulation (EC) No 1107/2009. Those statistics are used inor a deviation from the principles of the calirculation 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 bar economy, driven by the incorrect or redundant use of plant protection products. It is therefore essential to ensure that plant protection products are used oin 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 such a way as to mitigate the risk of harmful effects of such products on wildlife, through a number of measures including training, inspection of application equipment in professional use and protection of the aquantify the risks arising from authorisations for emergency situations in plant protectionc environment and sensitive areas.
Amendment 654 #
Proposal for a regulation
Recital 49
Recital 49
(49) The implementation of this Regulation by Member States will result in new and enhanced obligations for farmers and other pesticides users. Some of them constitute statutory management requirements and standards of good agricultural and environmental conditions of land as listed in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council78 , which, in accordance with that Regulation, farmers must comply with to receive CAP payments, whereas other requirements, which go beyond the baseline of mandatory requirements, may be rewarded with additional payments under voluntary regimes like eco-schemes pursuant to Article 31 of Regulation (EU) 2021/2115. Article 31(5), points (a) and (b), and Article 70(3), points (a) and (b), of Regulation (EU) 2021/2115 provide that the CAP funding is only available for practices implemented under an eco- scheme or agri-environmental-climate commitment which go beyond the relevant statutory management requirements and the standards of good agricultural and environmental conditions of land established under that Regulation and the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant mandatory requirements established by national and Union law. Since farmers and other users need to be financially supported in theirThe transition towards a more sustainable use of pesticides, Regulation (EU) 2021/2115 needs to be amended to allow the financing of requirements imposed in accordance with this Regulation during a transitional period. This exceptionallant protection products, at EU and Member State level must be financed through the Just Transition Fund. This will guarantee an adequate transition in an appropriate time span, allowing for medium- and long-term alternatives to be developed and deployed. No CAP funding should be used in this context. The option for Member States to provide additional funding for measures taken in implementing this Regulation should apply to any obligation for farmers and other users resulting from the application of this Regulation, including compulsory farming practices imposed by the crop-specific rules for integrated pest management. Further, pursuant to Article 73(5) of Regulation (EU) 2021/2115, investments by farmers to comply with new requirements imposed by Union law may be supported for a maximum of 24 months from the date on which they become mandatory for the holding. Similarly, aA longer transition period should be set out for investments complying with requirements imposed on farmers in accordance with this Regugoing beyond the provisions set in the current legislation. and Regulation (EU) 2021/2115 should therefore be amended accordingly. __________________ 78 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing 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 2142 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 2150 #
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
Amendment 2153 #
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
Amendment 2162 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2164 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2175 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2183 #
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2190 #
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2288 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 2432 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2446 #
Proposal for a regulation
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) precision farming techniques, including use of seed treatments, space data and services;
Amendment 2548 #
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, for recording and tracking purposes;
Amendment 2558 #
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 bodies to carry out such inspections, or develop a certification system to which inspection services must comply.
Amendment 2575 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The competent authority referred to in Article 30 or a body designated by it shall inspect application equipment in professional use every three years, starting from the date of first purchase. The competent authority shall ensure that there is sufficient staff, equipment and other resources necessary for the inspection of all application equipment due for inspection, within the three year cycle. The competent authority may develop a certification system enabling a fast implementation of inspections by service organisations compliant with the certification.
Amendment 2594 #
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 2628 #
Proposal for a regulation
Article 33 – paragraph 2 – point h
Article 33 – paragraph 2 – point h
(h) the nozzle type(s) present on the application equipment at the time of inspection, as well as any type of drift reduction equipment;
Amendment 2646 #
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 targetcontributions 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.
Amendment 2652 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targetcontributions annually until and including 2030 and publish those results on the website referred to in Article 7.
Amendment 2661 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 2700 #
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. No additional levy or tax on plant protection products shall be imposed.
Amendment 2756 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
This Regulation is the instrument used to achieve the pesticide reduction targets contained in the Farm to Fork Strategy by requiring each Member State to contribute to achieving by 2030 a 50 % Union-wide reduction of both the use and risk of chemical plant protection products (‘Union 2030 reduction target 1’) and the use of more hazardous plant protection products (‘Union 2030 reduction target 2’). This Regulation also regulates the contribution of each Member State to these Union targets. Each Member State contribution, set in the form of a national target, to Union 2030 reduction target 1 is referred to as a ‘national 2030 reduction target 1’, while a Member State contribution to Union 2030 reduction target 2 is referred to as a ‘national 2030 reduction target 2’. The methodology for calculating progress towards achieving these targets is set out below: