[ParlTrack]

Proposal for a regulation
–

– The European Parliament rejects the Commission proposal.

2023/04/04
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Recital 9

(9) In the final report of the Conference on the Future of Europe, published on 9 May 2022, when it comes to the proposals on agriculture, food production, biodiversity and ecosystems, pollution, citizens ask the Union in particular to significantly reduce the use of chemical pesticides and fertilizers, in line with the existing targets, while still ensuring food security, and support for research to develop more sustainable and natural-based alternatives. Citizens ask for more research and innovations, including in technological solutions for sustainable production, plant resistance, and precision farming, and more communication, advisory systems, and training for and from farmers as well as asking the Union to protect insects, in particular indigenous and pollinating insects.55 __________________ 55 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposals 1 and 2, pp. 43-44.deleted

2023/04/04
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Recital 43

(43) In order to enforce the obligations set out in this Regulation, Member States should 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.deleted

2023/04/04
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Recital 45

(45) Activities performed by the competent authorities, or by other bodies or natural persons to which official control tasks have been delegated, in order to verify compliance by operators with this Regulation, are, with the exception of control tasks related to equipment used to apply plant protection products, regulated by Regulation (EU) 2017/625 of the European Parliament and of the Council.75 Therefore, this Regulation only needs to provide for controls and audits in respect of inspection of application equipment in professional use. __________________ 75 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).deleted

2023/04/04
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 4

4. An application by a professional user for a permit for the use of a plant protection product in a sensitive area shall include the information necessary to demonstrate that the conditions set out in paragraph 3 are met.deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 5

~~5. The competent authority referred to in paragraph 3 shall decide on the application for a permit for the use of a plant protection product within 2 weeks of its submission.~~deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 6

6. The permit to use a plant protection product in a sensitive area shall indicate all of the following: (a) the conditions for limited and controlled use by the applicant; (b) the obligation to display notices regarding use of plant protection products on the perimeter of the area to be treated, and any specific form such display is to take; (c) (d) permit.deleted risk mitigation measures; the duration of validity of the

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 7

7. A professional user that has been granted a permit to use a plant protection product in a sensitive area shall display notices to that regard on the perimeter of the area to be treated in the form indicated in the permit.deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 18 – paragraph 8

~~8. Where a permit for use of a plant protection product in a sensitive area is granted, be~~deleted the location of the use; the evidence fore the ~~first day of its validity, the competent authority referred to in paragraph 3 shall make publicly available the following information: (a) (b) circumstances justifying the application~~exceptional the start and end date of the the relevant weather conditions the name of athe plant protection ~~product; (c) approval period of the permit, which shall not exceed 60 consecutive days; (d) allowing a safe application; (e) product or products; (f) used and the risk mitigation measures to be taken.~~the application equipment to be

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 19

Measures to protect the aquatic environment and drinking water 1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk- mitigation techniques. 2. Member States may establish larger mandatory buffer zones adjacent to surface waters. 3. of application of this Regulation], Member States shall have in place appropriate measures to avoid deterioration of surface and groundwater status as well as coastal and marine waters and allow achievement of good surface and groundwater status, to protect the aquatic environment and drinking water supplies from the impact of plant protection products to achieve, at least, the objectives set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC, 2008/56/EC and (EU) 2020/2184.Article 19 deleted By … [OP: please insert the date

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Ralf SEEKATZ, Sabine VERHEYEN, Rainer WIELAND, Daniel CASPARY, Marlene MORTLER, Franc BOGOVIČ, Christian DOLESCHAL, Monika HOHLMEIER

Proposal for a regulation
Article 19 – paragraph 1

1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk- mitigation techniques.deleted

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Ralf SEEKATZ, Sabine VERHEYEN, Rainer WIELAND, Daniel CASPARY, Marlene MORTLER, Franc BOGOVIČ, Christian DOLESCHAL, Monika HOHLMEIER

Proposal for a regulation
Article 19 – paragraph 1 a (new)

1a. Plant protection products may not be applied to bodies of water, with the exception of small bodies of water of minor importance for water management purposes, within 10 metres of the water body concerned, measured from the upper edge of the bank or, if there is no upper edge, from the mean water level line. By way of derogation from the first sentence, the minimum distance to be maintained shall be five metres if there is closed year- round vegetation cover. Tillage for vegetation renewal may be carried out once within five-year periods. The first five-year period shall start at XXX (to be inserted). If, when a given plant protection product is authorised, application-related provisions are laid down as regards greater distances or the plant protection equipment to be used, this shall be without prejudice to the obligation to comply with these provisions. The first to the fourth sentences shall not apply where a Member State has adopted or adopts provisions laying down different distances from bodies of water.

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Ralf SEEKATZ, Sabine VERHEYEN, Rainer WIELAND, Daniel CASPARY, Marlene MORTLER, Franc BOGOVIČ, Christian DOLESCHAL, Monika HOHLMEIER

Proposal for a regulation
Article 19 – paragraph 1 b (new)

1b. The competent authority may authorise derogations from the first and second sentences of paragraph 1 in order to prevent significant agricultural, forestry-related or other economic harm or to protect native fauna and flora, in particular against invasive species.

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Article 21 – paragraph 1

1. ~~Where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member State may exempt a~~Aerial application by ~~such~~ unmanned aircraft ~~from the prohibition laid down in Article 20(1) prior to any aerial~~will not be prohibited for targeted application of plant protection products.

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Article 21 – paragraph 2

~~2. An aerial application by an unmanned aircraft may be exemp~~deleted 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 and land-based application equipment. These factors shall include criteria relating to: (a) unmanned aircraft, including in relation to spray drift, number and size of rotors, payload, boom width and overall weight, operating height and speed; (b) wind speed; (c) its topography; (d) products authorized for use as ultra-low volume formulations intechnical specifications of the the weather conditions, including the area to be sprayed, including the availability of plant protection potential use of unmanned aircraft the relev~~ant Member State; (e) in conjunction with real time kinematic precision farming in certain cases; (f) pilots operating an unmanned aircraft; (g) multiple unmanned aircraft in the same area.~~el of training required for potential concurrent use of

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Article 21 – paragraph 3

3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the ~~factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteria~~technical qualifications, use or training.

2023/04/05
Committee: ENVI

Proposal for a regulation
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)~~.

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 24 – paragraph 3

3. A distributor shall direct a purchaser of a plant protection product to 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.deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
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 orand 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 risksthe necessary knowledge of the health and environmental risks relating to storage and handling and of the appropriate safety instructions to manage those risks.

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 24 – paragraph 6

6. The distributor referred to in paragraph 5 shall inform the purchaser of a plant protection product about less hazardous control techniques before the purchaser buys a plant protection product with a higher risk for human health and the environment.deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
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~~and for overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 25 – paragraph 4 – point b

~~(b) the employer of the professional user, distributor or advisor to whom the training was provided, where that employer is a legal person or a natural person in its professional capacity;~~deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 25 – paragraph 4 – point f

~~(f) the number of hours of training;~~deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 26 – title

~~Independen~~Expert advisory system

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 26 – paragraph 1

1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of ~~independen~~expert advisors for professional users. That system ~~may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulation~~shall comprise advisors trained in accordance with Article 25.

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 26 – paragraph 2

2. The competent authority referred to in paragraph 1 shall ensure that any advisor registered in the system referred to in that paragraph (‘independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner.deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 26 – paragraph 3

~~3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4.~~deleted

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 26 – paragraph 4 – introductory part

~~4. An advisor referred to in paragraph 3~~(4) An expert advisor shall provide strategic advice on the following subjects:

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Article 29

Electronic register of application equipment in professional use 1. 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). 2. 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). 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. 4. professional use is returned to use, its owner shall, within 30 days after the return to use, enter that fact in the electronic register of application equipment in professional use referred to in Article 33 using the form set out in Annex V. 5. adopt delegated acts in accordance with Article 40 amending Annex V in order to take into account technical progress and scientific developments.Article 29 deleted By … [OP please insert the date = If application equipment in If application equipment in The Commission is empowered to

2023/04/05
Committee: ENVI

Proposal for a regulation
Article 33

1. designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record: (a) parties pursuant to Article 20(2), point (b)(i), and Article 29; (b) certificates as set out in Article 31(6) and (7)(b); (c) paragraph 2 on application equipment in professional use in its Member State that has not been exempted from inspection under Article 32(3). 2. to in Article 30 shall, at the time of inspection, record the following information: (a) the name of the body carrying out the inspections; (b) the unique ID of the application equipment, if available; (c) the date of manufacture, if available; (d) the name and address of the current owner; (e) where there has been a transfer of ownership, the date of each transfer and the name and address of previous owners within the last five years; (f) the tank size; (g) the width of the horizontal spray boom, if applicable; (h) the nozzle type(s) present on the application equipment at the time of inspection; (i) in the case of boom sprayers, whether section and/or nozzle control through geospatial localisation technology is present or absent on the application equipment; (j) years, the date of each inspection carried out in accordance with Article 31; (k) whether the application equipment passed or failed each inspection caArticle 33 deleted Electronic register of application equipment in professional use Each competent authority information entered by third records of inspections and other information as set out in The competent authorities referried out under Article 31; (l) the reasons for any failed inspection. 3. Where application equipment does not bear a unique ID as referred to in paragraph 2, point (b), the competent authorities referred to in Article 30 shall supply a unique ID.for equipment older than three

2023/04/05
Committee: ENVI

Christine SCHNEIDER, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON, Angelika NIEBLER, Monika HOHLMEIER, Christian DOLESCHAL, Franc BOGOVIČ, Marlene MORTLER, Daniel CASPARY, Rainer WIELAND, Sabine VERHEYEN, Alexander BERNHUBER

Proposal for a regulation
Article 33

1. designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record: (a) parties pursuant to Article 20(2), point (b)(i), and Article 29; (b) certificates as set out in Article 31(6) and (7)(b); (c) paragraph 2 on application equipment in professional use in its Member State that has not been exempted from inspection under Article 32(3). 2. to in Article 30 shall, at the timeArticle 33 deleted Electronic register of application equipment in professional use Each competent authority information entered by third records of inspection~~, recor~~s and othe ~~following~~r information: (a) the inspections; (b) equipment, if available; (c) available; (d) current owner; (e) ownership, the date of each transfer and the name and address of previous owners within the last five years; (f) (g) the width of the horizontal spray boom, if applicable; (h) the nozzle type(s) present on the application equipment at the time of inspection; (i) in the case of boom sprayers, whether section and/or nozzle control through geospatial localisation technology is present or absent as set out in The competent authorities referred the name of the body carrying out the unique ID onf the application equipment; (j) years, the date of each inspection carried out in accordance with Article 31; (k) whether the application equipment passed or failed each inspection carried out under Article 31; (l) the reasons for any failed inspection. 3. Where application equipment does not bear a unique ID as referred to in paragraph 2, point (b), the competent authorities referred to in Article 30 shall supply a unique ID.the date of manufacture, if the name and address of the where there has been a transfer of the tank size; for equipment older than three

2023/04/05
Committee: ENVI

Marlene MORTLER, Norbert LINS, Lena DÜPONT, Peter JAHR, Jens GIESEKE, Angelika NIEBLER, Andreas SCHWAB, Ralf SEEKATZ, David MCALLISTER, Christine SCHNEIDER, Stefan BERGER, Sabine VERHEYEN, Rainer WIELAND, Monika HOHLMEIER, Michael GAHLER, Christian DOLESCHAL, Karolin BRAUNSBERGER-REINHOLD, Daniel CASPARY, Herbert DORFMANN

Proposal for a regulation
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 reduction and two national ~~2030 reduction targets annually until and including 2030~~... [OP: please insert the dates – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.

2023/04/05
Committee: ENVI

Marlene MORTLER, Norbert LINS, Lena DÜPONT, Jens GIESEKE, Angelika NIEBLER, Andreas SCHWAB, Ralf SEEKATZ, David MCALLISTER, Christine SCHNEIDER, Stefan BERGER, Sabine VERHEYEN, Rainer WIELAND, Monika HOHLMEIER, Michael GAHLER, Christian DOLESCHAL, Karolin BRAUNSBERGER-REINHOLD, Daniel CASPARY, Herbert DORFMANN

Proposal for a regulation
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).

2023/04/05
Committee: ENVI

Marlene MORTLER, Norbert LINS, Lena DÜPONT, Peter JAHR, Jens GIESEKE, Angelika NIEBLER, Andreas SCHWAB, Ralf SEEKATZ, David MCALLISTER, Christine SCHNEIDER, Stefan BERGER, Sabine VERHEYEN, Rainer WIELAND, Monika HOHLMEIER, Michael GAHLER, Christian DOLESCHAL, Karolin BRAUNSBERGER-REINHOLD, Daniel CASPARY, Herbert DORFMANN

Proposal for a regulation
Article 36 – paragraph 1

1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national ~~2030 reduction~~... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.

2023/04/05
Committee: ENVI

34 Amendments of Monika HOHLMEIER related to 2022/0196(COD)

ParlTrack - 2011-2024