PURPOSE: to
establish a framework for achieving a more sustainable use of pesticides.
LEGISLATIVE
ACT: Directive 2009/128/EC of the European Parliament and of the Council
establishing a framework for Community action to achieve the sustainable use
of pesticides.
CONTENT:
following an agreement reached at second reading of the codecision procedure,
the Council adopted a directive aimed at establishing a framework for
Community action to achieve the sustainable use of pesticides so as to reduce
the risks to human health and the environment and the dependency on the use
of pesticides.
This directive
will apply to pesticides and its scope will be extended to cover biocidal
products at a later stage. The provisions of this Directive shall not prevent
Member States from applying the precautionary principle in restricting or
prohibiting the use of pesticides in specific circumstances or areas.
Under the new
Directive, Member State should:
- adopt national
action plans to set up quantitative objectives, targets, measures,
and timetables to reduce risks and impacts of pesticide use on human
health and the environment, and to encourage the development and
introduction of integrated pest management and of alternative approaches
in order to reduce dependency on the use of pesticides. These targets
may cover different areas of concern, for example worker protection,
protection of the environment, residues, use of specific techniques or
use in specific crops. The National Action Plans shall also include indicators
to monitor the use of plant protection products containing active
substances of particular concern, especially if alternatives are
available;
- take all
necessary measures to promote low pesticide-input farming, including
integrated pest management, and to ensure that professional users of
pesticides shift towards a more environmentally-friendly use of all
available crop protection measures, giving priority to low-risk, non-chemical
alternatives wherever possible, and to the products with minimum impact
on human health and the environment among the ones available for the
same pest problem. Member States have to ensure that all professional
users of pesticides implement the general standards for integrated pest
management at the latest by 1 January 2014;
- set up
systems of training for distributors, advisors, and professional
users of pesticides so that those who use or will use pesticides are
fully aware of the potential risks to human health and the environment
and of the appropriate measures to reduce those risks as much as
possible. Member States shall ensure that distributors have sufficient staff
in their employment holding a certificate. Micro distributors selling
only products for nonprofessional use may be exempted if they do not
offer for sale pesticide formulations classified as toxic, very toxic,
carcinogenic, mutagenic or toxic for reproduction;
- take
measures to inform the general public and to promote and facilitate
information and awareness-raising programmes and the availability of
accurate and balanced information relating to pesticides for the general
public. They shall put in place systems for gathering information on
pesticide acute poisoning incidents, as well as chronic poisoning
developments where available, among groups that may be exposed regularly
to pesticides such as operators, agricultural workers or persons living
close to pesticide application areas;
- ban
aerial spraying and only allow it in special cases approved by competent
authorities: Member States shall ensure that
aerial spraying is prohibited. By way of derogation, aerial spraying may
only be allowed in special cases provided the following conditions are
met: (a) there must be no viable alternatives, or there must be clear advantages
in terms of reduced impacts on human health and the environment as
compared with land-based application of pesticides; (b) the pesticides
used must be explicitly approved for aerial spraying by the Member State
following a specific assessment addressing risks from aerial spraying; (c)
if the area to be sprayed is in close proximity to areas open to the
public, specific risk management measures to ensure that there are no
adverse effects on the health of bystanders shall be included in the
approval. The area to be sprayed shall not be in close proximity to
residential areas. A professional user wishing to apply pesticides by
aerial spraying shall submit a request for approval of an
application plan to the competent authority. The request for application
shall be submitted in due time to the competent authority;
- make sure
that the aquatic environment and drinking water supplies as well as
Natura 2000 sites are safe from the impact of pesticides and that
their use is minimised or prohibited in specific areas used by the
general public or by vulnerable groups, such as public parks and
gardens, sports and recreation grounds, school grounds and children’s
playgrounds and in the close vicinity of healthcare facilities;
- ensure that pesticide
application equipment is inspected at regular intervals, the
interval between inspections shall not exceed five years until 2020 and
shall not exceed three years thereafter.
The European
Commission:
- shall
submit: (a) by 14 December 2014, a report on the information
communicated by the Member States in relation to the National Action
Plans. The report shall contain methods used and the implications
concerning the establishment of different types of targets to reduce the
risks and use of pesticides; (b) by 14 December 2018, a report on the
experience gained by Member States on the implementation of national
targets in order to achieve the objectives of this Directive. It may be
accompanied, if necessary, by appropriate legislative proposals;
- shall put
forward as a priority for discussion in the expert group on the thematic
strategy on the sustainable use of pesticides the exchange of
information and best practice in the field of sustainable use of
pesticides and integrated pest management;
- shall
regularly submit to the European Parliament and to the Council a report
on progress in the implementation of this Directive, accompanied where
appropriate by proposals for amendments.
ENTRY INTO
FORCE: 25.11.2009.
TRANSPOSITION:
14.12.2011.