133 Amendments of Jarosław KALINOWSKI related to 2022/0196(COD)
Amendment 274 #
Proposal for a regulation
–
–
– The European Parliament rejects the Commission proposal.
Amendment 299 #
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 , its call for reduction targets binding at EU level. __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 321 #
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. __________________ 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 333 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 359 #
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 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 369 #
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 userslevel.
Amendment 382 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 407 #
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 427 #
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.
Amendment 446 #
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 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] 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 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 451 #
Proposal for a regulation
Recital 18
Recital 18
(18) Economic instruments, including those under the CAP that provide support to farmers, can play a crucialsignificant role in the achievement of objectives relating to the sustainable use of plant protection products and, in particular, reducing the use of chemical plant protection products. Member States have to show in their national CAP Strategic Plans that their implementation of the CAP contributes to and supports other relevant Union legislation and their objectives, including objectives under this Regulation.
Amendment 456 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 464 #
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 exhausthad been considered. 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.
Amendment 485 #
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 rulguidelines that a professional user must followtake into consideration in relation to the specific crop and region in which the professional user operates. Such rulguidelines 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 groundindicate the principles of integrated pest management that apply to the specific crop.
Amendment 493 #
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 ruprinciples 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 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 . This register should record any preventative measure or interventionuse of plant protection product 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 502 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 531 #
Proposal for a regulation
Recital 27
Recital 27
(27) Precision farming refers to agricultural management systems carefully tailoring crop management to fit localised conditions such as those found within land parcels. The application of existing technology, including the use of Union space data and services (Galileo and Copernicus), has the potential to significantly reduce pesticide usage. It is therefore necessary to provide for a legislative framework that incentivises the development of precision farming. Application of plant protection products from an aircraft, including application by planes, helicopters and drones, is usually less precise than other means of application and may therefore potentially cause adverse impacts on human health and the environment. Aerial application should therefore be prohibited, with limited derogations on a case-by-case basis where it has a less negative impact on human health and the environment than any alternative application method or there is no viable alternative application method. However, the possibility of protecting forest stands with the use of aerial treatments should be ensured. It is also necessary to record the numbers of aerial applications carried out on the basis of permits granted for aerial application in order to have clear data on how many aerial applications for which permits were granted actually took place.
Amendment 534 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 561 #
Proposal for a regulation
Recital 34
Recital 34
(34) Considering the possible risks to human health and the environment from the use of plant protection products, the public should have access to better information on the overall impacts of the use of such products through awareness- raising programmes, information passed on through distributors and other appropriate measureThe public should have access to full, balanced, objective and scientific- based information on plant protection products.
Amendment 568 #
Proposal for a regulation
Recital 35
Recital 35
(35) In order to better understand the trends regarding acute poisoning incidents and chronic poisoning arising from exposure of persons to plant protection products, information on such trends should be compiled by each Member State. The Commission should also monitor the overall trends at Union level.
Amendment 603 #
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 national 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 610 #
Proposal for a regulation
Recital 40
Recital 40
(40) For reasons of transparency, and to ensure uniform implementation by all Member States, the methodology for calculating progress towards achieving the two Union and two national 2030 reduction targets and the methodology for the calculation of harmonised risk indicators at Union and national level should be set out in an Annex to this Regulation.
Amendment 616 #
Proposal for a regulation
Recital 41
Recital 41
(41) The 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, driven by the use of plant protection products, while Member States actions under current Union policy instruments have not yet been able to stop this trend of biodiversity loss. It is therefore essential to ensure that plant protection products are used in 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 aquatic environment and sensitive areas.
Amendment 634 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 640 #
Proposal for a regulation
Recital 46
Recital 46
(46) In order to take into account technical progress and scientific developments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend technical aspects of the provisions on obligations of professional users and advisors related to integrated pest management, inspection of application equipment in professional use, calculation of harmonised risk indicators, the data to be provided in annual progress and implementation reports and the notification form in relation to application equipment as well as Annexes II III, IV, V and VI. Likewise, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation by specifying precise criteria in relation to certain factors regarding unmanned aircraft, once technical progress and scientific developments allow for the development of such precise criteria. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter- institutional Agreement of 13 April 2016 on Better Law-Making76 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 76 OJ L 123, 12.5.2016, p. 1.
Amendment 2200 #
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Use of plant protection products in sensitive areas 1. Where Member State concludes, based on sound scientific risk analysis, that safety precautions adopted based on the Regulation 1107/2009 and included in labels of plant protection products do not eliminate the risk posed by the use of plant protection products in specific areas or objects, it shall define such areas or objects in national legislation and shall lay down: (a) appropriate measures to eliminate identified risk, (b) the rules of implementation of measures referred to in letter (a), (c) users of plant protection products obliged to implement measures referred to in letter (a), if applicable, (d) derogations from measures referred to in letter (a) and procedures of granting such derogations, if applicable. 2. Measures referred to in paragraph 1 letter (a) may include one or more of the following elements: (a) the ban of the use of all of plant protection products or specified groups of plant protection products in defined areas or objects, (b) restriction concerning the use of plant protection products in defined areas or objects, (c) obligation for professional users to apply appropriate buffer zone when using plant protection products in proximity of defined areas or objects, (d) obligation for professional users to apply anti-drift techniques, when using plant protection products in the close vicinity of defined areas or objects, (e) obligations for professional users to apply appropriate warning measures, (f) closing of defined areas or objects for the period of application of plant protection products, (g) other measures necessary to eliminate identified risk. 3. The measures referred to in paragraph 1 letter (a) are without prejudice to the Union and national law and powers of the competent authorities in scope of eradication and containment of quarantine pests, pests referred to in art 29 and 30 of the Regulation 2016/2031, vectors of above mentioned pests and Invasive Alien Species.
Amendment 2237 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – introductory part
Article 20 – paragraph 2 – point b – introductory part
(b) the aerial application has a less negative impact on human health and the environment than any alternative application method either because the aerial application equipment can be deployed on the relevant terrain in a faster timescale than land-based equipment and avoids a situation where the number of plant pests increases due to the longer time period required for land-based deployment or because it minimizes soil erosion when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met: or
Amendment 2238 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – point i
Article 20 – paragraph 2 – point b – point i
Amendment 2239 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – point ii
Article 20 – paragraph 2 – point b – point ii
Amendment 2241 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – point iii
Article 20 – paragraph 2 – point b – point iii
Amendment 2243 #
Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(ba) the aerial application is to be carried out for the purpose of forest stands protection.
Amendment 2244 #
Proposal for a regulation
Article 20 – paragraph 2 – point b b (new)
Article 20 – paragraph 2 – point b b (new)
Amendment 2252 #
Proposal for a regulation
Article 20 – paragraph 4 – point c
Article 20 – paragraph 4 – point c
Amendment 2254 #
Proposal for a regulation
Article 20 – paragraph 4 – point e
Article 20 – paragraph 4 – point e
Amendment 2267 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. WBy way of derogation from Article 20(1) where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member Statethe Commission may exempt aerial application by such unmanned aircraft from the prohibition laid down in Article 20(1) prior to any aerial application of plant protection products. Provisions of Article 20 paragraph 2 to 5 do not apply to such unmanned aircraft.
Amendment 2275 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. An aerial application by an unmanned aircraft may be exempted by the Member State from the prohibition laid down in Article 20(1) where factors related to the use of the unmanned aircraft demonstrate that the risks from its use are lower than the risks arising from other aerial equipment andare sufficient to keep risks from its use at the level equal or lower than posed by land- based application equipment. These factors shall include criteria relating to:
Amendment 2280 #
Proposal for a regulation
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
Amendment 2284 #
Proposal for a regulation
Article 21 – paragraph 2 – point f
Article 21 – paragraph 2 – point f
Amendment 2285 #
Proposal for a regulation
Article 21 – paragraph 2 – point g
Article 21 – paragraph 2 – point g
Amendment 2294 #
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 structure= the first day of the month following 2 years after the date of entry into force of this Regulation], Member States shall have in place national law-regulations to facilitate in a manner that does not endanger human health or the environment, the safe disposal of any unused plant protection products, any dilute solutions containing plant protection products and any packaging.
Amendment 2314 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 a (new)
Article 23 – paragraph 1 – subparagraph 1 a (new)
Representatives of the plant protection products producers or distributors, providing information for professional users on the use of plant protection products shall poses valid certificate or a proof of entry in a central electronic register confirming accomplishment of the training course for advisors.
Amendment 2323 #
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). In case when purchaser does not meet requirements referred to in first sentence, a distributor shall refuse to sell plant protection product. The distributor has the right to check the purchaser's identity document.
Amendment 2337 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. A distributor shall directinform a purchaser of a plant protection product tobeing a non-professional user that he or she should read its label prior to use and to use the product in accordance with the instructions on the label and shall inform the purchaser of the website referred to in Article 27.
Amendment 2341 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. A distributor shall provide general information to non-professional users on the risks to human health and the environment of the use of plant protection products, including the information on hazards, exposure, proper storage, handling, application and safe disposal in accordance with Directive 2008/98/EC of the European Parliament and of the Council86 , and shall recommend alternative low-risk plant protection products and ways in which risks can be mitigated when using plant protection products. __________________ 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 2345 #
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 requests of 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 2350 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 2357 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. A competent authority designated in accordance with paragraph 2 shall appoint one or more bodies to provide the following training: initial and follow up training to professional users, distributors and advisors, taking into account the subjects listed in Annex III and relevance of this subjects for particular groups of participants. Certificates issued before the entry into force of this Regulation shall remain valid for the time they have been issued. Member states may adopt national regulations concerning: (a) requirements for bodies conducting trainings, concerning qualifications of lecturers and necessary equipment that should be used during trainings, (b) detailed programs of particular types of training, including different programs for different types of users of plant protection products (c) examination procedure for training participants.
Amendment 2359 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
Amendment 2364 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
Amendment 2368 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
Amendment 2387 #
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 2390 #
Proposal for a regulation
Article 25 – paragraph 4 – point d
Article 25 – paragraph 4 – point d
(d) the date on which sufficient knowledge of the relevant subjects listed in Annex III was demonstraf issuance of the training certificate or entry in the central electronic registedr;
Amendment 2392 #
Proposal for a regulation
Article 25 – paragraph 4 – point f
Article 25 – paragraph 4 – point f
Amendment 2399 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. 5. A competent authority designated in accordance with paragraph 2 or body referred to in paragraph 1 shall provide electronic 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 2407 #
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 5 years in the case of an advisor.
Amendment 2409 #
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 registeprofessional user, distributor or advisor demonstrates satisfactory completion of an initial andor follow up training or extensive training referred to in paragraph 1, point (a) or (c)and passes an exam on the knowledge covered by the training.
Amendment 2413 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. Notwithstanding paragraph 6, a training certificate may be issued to a person who can demonstrate prior training through formal qualifications that demonstrate a more extensive knowledge of the subjects listed in Annex III than would be received in the training referred to in paragraph 1knowledge equal to knowledge covered by the training. If such knowledge has been obtain during education process, it should be proved by a secondary school or a university.
Amendment 2416 #
Proposal for a regulation
Article 25 – paragraph 9 – subparagraph 1a (new)
Article 25 – paragraph 9 – subparagraph 1a (new)
A competent authority designated in accordance with paragraph 2 shall withdraw a training certificate in case of serious violation of the law concerning providing an advice, sales, storage or use of plant protection product by a certificate holder. .
Amendment 2431 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2439 #
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 2460 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Each Member State shall designate a competent authority to provide information to the public, in particular through awareness-raising programmes, in relation to the risks associated withrelation to the use of plant protection products.
Amendment 2466 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competent authority referred to in paragraph 1 shall establish a website or websites dedicated to providing information on risks associated with the use of plant protection products. That information may be provided directly or by providing links to relevant websites of other national or international bodies.
Amendment 2476 #
Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
Article 27 – paragraph 3 – point a a (new)
(aa) the reason why plant protection products are used and their role in agriculture;
Amendment 2478 #
Proposal for a regulation
Article 27 – paragraph 3 – point a b (new)
Article 27 – paragraph 3 – point a b (new)
(ab) risk posed by pests, in particular quarantine pests and invasive alien species;
Amendment 2499 #
Proposal for a regulation
Article 28 – title
Article 28 – title
Information on acute and chronic poisoning
Amendment 2504 #
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 arising from exposure of persons to plant protection products:
Amendment 2506 #
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;
Amendment 2529 #
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 month5 years 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 2535 #
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 2576 #
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 cycleInspections of application equipment in professional use carried out prior to the entry into force of this regulation remain valid.
Amendment 2579 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The inspection shall be carried out at a location where the risk of pollution and water contamination can be avoided or with the use of efficient measures eliminating risk of such pollution or contamination. The influence of external conditions on the reproducibility of the results of the inspection, such as effects of wind and rain, shall be minimised by the authority or body carrying out the inspection.
Amendment 2580 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. All equipment necessary for an inspection and used by the inspector for testing the application equipment shall be accurate, in good condition and checked and, where necessary, calibrated at regular intervals. The person carrying out the inspection should be properly trained. Member States may adopt national law specifying the more detailed requirements for equipment to be used during inspections of the application equipment in professional use. Member States may adopt national law specifying detailed requirements for the training of persons conducting inspections of the application equipment in professional use.
Amendment 2581 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The owner of the application equipment in professional use shall ensure that the application equipment is clean and safe before the inspection starts. In case the application equipment in professional use is not clean or safe the competent authority or body delegated by it refuse to conduct the inspection.
Amendment 2584 #
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 2586 #
Proposal for a regulation
Article 31 – paragraph 7 – point a
Article 31 – paragraph 7 – point a
(a) issued by the competent authority referred to in Article 30 or body delegated by it to the owner of application equipment in professional use where that equipment complies with the requirements listed in Annex IV; and
Amendment 2588 #
Proposal for a regulation
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) recorded by that competent authority or body delegated by it in the central electronic register of application equipment in professional use referred to in Article 33.
Amendment 2596 #
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
10. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex IV in order to take into account technical progress and scientific developments.
Amendment 2600 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
A Member State may, after carrying out the risk assessment referred to in paragraph 2, lay down less stringent inspection requirements and provide for different inspection intervals than those set out in Article 31 to application equipment in professional use which represents a very low scale of use estimated by way of the risk assessment referred to in paragraph 2 and which is listed in the national action plan referred to in Article 8.
Amendment 2602 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2 – point c – point i (new)
Article 32 – paragraph 1 – subparagraph 2 – point c – point i (new)
(i) the risk assessment conducted before entry into force of this regulation can be used for the purpose of this paragraph.
Amendment 2607 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. A Member State may exempt from inspection referred to in Article 31 handheld application equipment or knapsack sprayers, in professional use, based on a risk assessment on their potential impact on human health and the environment, which shall include an estimation of the scale of use. The competent authority referred to in Article 30 shall maintain a copy of the risk assessment for control by the Commission. The risk assessment conducted before entry into force of this regulation can be used for the purpose of this paragraph.
Amendment 2623 #
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
Amendment 2627 #
Proposal for a regulation
Article 33 – paragraph 2 – point h
Article 33 – paragraph 2 – point h
Amendment 2630 #
Proposal for a regulation
Article 33 – paragraph 2 – point j
Article 33 – paragraph 2 – point j
Amendment 2645 #
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.
Amendment 2654 #
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 targets annually until and including 2030 and publish those results on the website referred to in Article 7.
Amendment 2663 #
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).
Amendment 2674 #
Proposal for a regulation
Article 36
Article 36
Amendment 2692 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
By … [OP: please insert the date = the first day of the month following six monthtwo years after the date of entry into force of this Regulation], each Member State shall inform the Commission of the competent authorities designated in accordance with this Regulation.
Amendment 2737 #
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 …24 months after the date of entry into force of this Regulation].
Amendment 2745 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
METHODOLOGY FOR CALCULATING PROGRESS TOWARDS ACHIEVING THE TWO UNION AND TWO NATIONAL 2030 REDUCTION TARGETS
Amendment 2748 #
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:
Amendment 2760 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – subheading 1
Annex I – paragraph 1 – subparagraph 1 – subheading 1
Amendment 2762 #
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 the Utilized Agricultural Area (UAA) under Regulation (EC) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011, 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). __________________ 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 2778 #
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), followed by the aggregation of the results of these calculations and divided by the utilized agricultural area (UAA) (iv.).
Amendment 2818 #
Proposal for a regulation
Annex II – Part 1
Annex II – Part 1
Amendment 2825 #
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 1
Annex II – Part 2 – paragraph 1 – point 1
1. the percentagenumber of professional users controlled for integrated pest management implementation;
Amendment 2826 #
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 2
Annex II – Part 2 – paragraph 1 – point 2
2. the percentagenumber of professional users failing to comply with the obligation to keep electronic records on integrated pest management implementation;
Amendment 2829 #
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 3
Annex II – Part 2 – paragraph 1 – point 3
3. the percentagenumber of professional users that failed to comply with the obligation to keep pesticide use data electronically;
Amendment 2834 #
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 8
Annex II – Part 2 – paragraph 1 – point 8
8. the estimated quantities of illegal plant protection products used and the quantities of illegal plant protection products detected;
Amendment 2837 #
Proposal for a regulation
Annex II – Part 2 – paragraph 2 – point 10
Annex II – Part 2 – paragraph 2 – point 10
10. the percentagenumber 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 2840 #
Proposal for a regulation
Annex II – Part 2 – paragraph 2 – point 11
Annex II – Part 2 – paragraph 2 – point 11
Amendment 2854 #
Proposal for a regulation
Annex III – point 1 – paragraph 3
Annex III – point 1 – paragraph 3
Amendment 2855 #
Proposal for a regulation
Annex III – point 1 – paragraph 4
Annex III – point 1 – paragraph 4
Amendment 2856 #
Proposal for a regulation
Annex III – point 1 – paragraph 5
Annex III – point 1 – paragraph 5
Amendment 2857 #
Proposal for a regulation
Annex III – point 1 – paragraph 7
Annex III – point 1 – paragraph 7
Amendment 2858 #
Proposal for a regulation
Annex III – point 1 – paragraph 8
Annex III – point 1 – paragraph 8
Amendment 2859 #
Proposal for a regulation
Annex III – point 1 – paragraph 9
Annex III – point 1 – paragraph 9
Amendment 2860 #
Proposal for a regulation
Annex III – point 1 – paragraph 10
Annex III – point 1 – paragraph 10
Amendment 2861 #
Proposal for a regulation
Annex III – point 1 – paragraph 11
Annex III – point 1 – paragraph 11
Amendment 2862 #
Proposal for a regulation
Annex III – point 1 – paragraph 12
Annex III – point 1 – paragraph 12
Amendment 2863 #
Proposal for a regulation
Annex III – point 1 – paragraph 14
Annex III – point 1 – paragraph 14
Amendment 2864 #
Proposal for a regulation
Annex III – point 1 – paragraph 15
Annex III – point 1 – paragraph 15
Amendment 2865 #
Proposal for a regulation
Annex III – point 1 – paragraph 16
Annex III – point 1 – paragraph 16
Amendment 2866 #
Proposal for a regulation
Annex III – point 1 – paragraph 17
Annex III – point 1 – paragraph 17
Amendment 2867 #
Proposal for a regulation
Annex III – point 3 – introductory part
Annex III – point 3 – introductory part
3. The hazards of and risks associated with improper use of plant protection products, and how to identify and control them, including the following subjects:
Amendment 2869 #
Proposal for a regulation
Annex III – point 3 – point a
Annex III – point 3 – point a
(a) potential risks to human health;
Amendment 2870 #
Proposal for a regulation
Annex III – point 3 – point b
Annex III – point 3 – point b
(b) symptoms of plant protection product poisoning and appropriate first aid measures in case of such poisoning;
Amendment 2871 #
Proposal for a regulation
Annex III – point 3 – point c
Annex III – point 3 – point c
(c) potential risks to non-target plants and insects, wildlife, biodiversity and the environment in general.
Amendment 2872 #
Proposal for a regulation
Annex III – point 4
Annex III – point 4
4. IWhen relevant: integrated pest management strategies and techniques, integrated crop management strategies and techniques, 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 2875 #
Proposal for a regulation
Annex III – point 5
Annex III – point 5
5. When plant protection products are needed, how to choose the plant protection products with the least sidtaking into consideration possible effects on human health, non- target organisms and the environment among all authorised products for a given pest problem, in a given situation.
Amendment 2877 #
Proposal for a regulation
Annex III – point 6 – introductory part
Annex III – point 6 – introductory part
6. Measures to minimise potential risks to humans, non-target organisms and the environment, including:
Amendment 2879 #
Proposal for a regulation
Annex III – point 7
Annex III – point 7
7. Procedures for preparing application equipment for operation, including its calibration, with minimum potential risks to the user, other persons, non-target animal and plant species, biodiversity and the environment, including water resources.
Amendment 2880 #
Proposal for a regulation
Annex III – point 8
Annex III – point 8
8. Practical training on the use of application equipment and its maintenance, and on risk mitigation measures including specific spraying techniques, use of new technology including precision farming techniques, as well as the technical check of sprayers in use and ways to improve spray quality. In this subject special attention shall be paid to the drift-reduction nozzles and the recommendations made by the manufacturers concerning optimal conditions of their use. Specific potential risks linked to use of handheld application equipment or knapsack sprayers and the relevant risk management measures. Practical training shall also cover the specific risks linked to the sowing of seeds treated with plant protection products.
Amendment 2881 #
Proposal for a regulation
Annex III – point 11
Annex III – point 11
Amendment 2882 #
Proposal for a regulation
Annex III – point 13
Annex III – point 13
Amendment 2883 #
Proposal for a regulation
Annex III – point 14 – point a – paragraph 1
Annex III – point 14 – point a – paragraph 1
Amendment 2884 #
Proposal for a regulation
Annex III – point 14 – point a – paragraph 2
Annex III – point 14 – point a – paragraph 2
Amendment 2885 #
Proposal for a regulation
Annex III – point 14 – point d
Annex III – point 14 – point d
(d) use of other mitigation measures which minimise the potential risk of off- site pollution caused by spray drift, drain- flow and run-off, including in particular mandatory buffer zones adjacent to surface waters courses and groundwater and aquifers;
Amendment 2886 #
Proposal for a regulation
Annex III – point 14 – point e
Annex III – point 14 – point e
Amendment 2889 #
Proposal for a regulation
Annex IV – paragraph 2
Annex IV – paragraph 2
The application equipment in professional use shall function reliably and be used only in accordance with its manual of operation for its intended purpose ensuring that plant protection products can be accurately applied in line with good agricultural practice (GAP) as defined in Article 3(2), point (a), of Regulation (EC) 396/2005 of the European Parliament and the Council111 . __________________ 111 Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).
Amendment 2890 #
Proposal for a regulation
Annex IV – paragraph 3
Annex IV – paragraph 3
The equipment shall be in such a condition to allow it to be filled and emptied safely, easily and completely and to prevent any leakage of either spray solution or concentrated product. It shall permit easy and thorough cleaning. It shall also allow for safe operation, and be capable of being immediately stopped from the position of the operator. It shall be simple to perform any necessary adjustments. Such adjustments shall be accurate and capable of being reproduced.
Amendment 2891 #
Proposal for a regulation
Annex IV – paragraph 4 – Part 4 – paragraph 1
Annex IV – paragraph 4 – Part 4 – paragraph 1
Agitation or mixing devices shall ensure a proper recirculation in order to achieve an even concentration of the whole volume of the liquid spray mixture in the tank.
Amendment 2893 #
Proposal for a regulation
Annex IV – paragraph 4 – Part 6 – paragraph 1
Annex IV – paragraph 4 – Part 6 – paragraph 1
All devices for measuring, switching on and off and adjusting pressure or flow rate shall be properly calibrated and work correctly. The controls to be operated during the application operation shall be operable from the operator’s position, the necessary instruments to control the operation shall be present and accurate and the instrument displays shall be readable from the operator’s position. For equipment to apply liquid products, pressure adjustment devices shall maintain a constant working pressure at constant revolutions of the pump, in order to ensure that a stable volume application rate is applied. Additional equipment to dose or inject plant protection products shall function accurately and correctly.