146 Amendments of Alexandr VONDRA 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 279 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 The word "Regulation" should be replaced throughout the whole text with the word "directive".
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 289 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 39 of the Treaty on the Functioning of the European Union sets out the clear objective that supplies should be secured and that food should be available to consumers at reasonable prices.
Amendment 291 #
Proposal for a regulation
Recital 2
Recital 2
(2) Directive 2009/128/EC of the European Parliament and of the Council37 established a framework to achieve a sustainable use of pesticidelant protection products by reducing the risks and impacts of the use of pesticidelant protection products on human health and the environment. The evaluation38 of that Directive found that it has not achieved its overall objectives and that the Member States did not implement it in a satisfactory manner. This conclusion was confirmed in reports from the Commission to the European Parliament and Council in 201739 and 202040 . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) __________________ 37 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71). 38 [Reference to be inserted.] 39 Report from the Commission to the European Parliament and the Council on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2017)587 final. 40 Report from the Commission to the European Parliament and the Council on the experience gained by Member States on the implementation of national targets established in their National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2020) 204 final.
Amendment 292 #
Proposal for a regulation
Recital 2
Recital 2
(2) Directive 2009/128/EC of the European Parliament and of the Council37 established a framework to achieve a sustainable use of pesticides by reducing the risks and impacts of the use of pesticides on human health and the environment. The evaluation38 of that Directive found that it has not achieved its overall objectives and that the Member States did not implement it in a satisfactory manner. This conclusion was confirmed in reports from the Commission to the European Parliament and Council in 201739 and 202040 . __________________ 37 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71). 38 [Reference to be inserted.] 39 Report from the Commission to the European Parliament and the Council on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2017)587 final. 40 Report from the Commission to the European Parliament and the Council on the experience gained by Member States on the implementation of national targets established in their National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2020) 204 final.
Amendment 301 #
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 . __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 302 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Parliament resolution of 21 March 2022 on the need for an urgent EU action plan to ensure food security inside and outside the Union in light of Russian invasion in Ukraine noted that the Union must act to implement measures and use available tools to strengthen their food supply chains.
Amendment 305 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 314 #
Proposal for a regulation
Recital 6
Recital 6
(6) The rules concerning biocidal products are laid down in Regulation (EU) No 528/2012 of the European Parliament and of the Council46 , and an evaluation of that Regulation is planned. It is therefore not appropriate to introduce new rules on the use of biocidal products in this Regulationn order to achieve the goals, it is necessary that the regulation mentioned should be revised, especially with regard to the approval period and test mechanism. __________________ 46 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
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 346 #
Proposal for a regulation
Recital 9
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.
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 360 #
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are aplant protection products are a possible sustainable control alternative to the use of chemical products for the control of harmful organismlant protection products. As noted in Council Decision (EU) 2021/110257 , biological control agenplant protection products 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 controlplant protection products 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 366 #
Proposal for a regulation
Recital 12
Recital 12
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 405 #
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 , outlining possible ways to reduce the uset 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 comf plant protection products in a sustainable manner. The national action pliance 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 managements shall be submitted to the European Commission.
Amendment 425 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 20305 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 alternativelow hazardous plant protection products as wiell incentivise the adoption of low pesticide-input pest management practices such as organic farmingas in precision farming and new types of application.
Amendment 439 #
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of policies and measures in the areas of sustainable use of plant protection products has an impact on the environment, public health and working conditions. Member States should therefore ensure that the public and social partners are given sufficient opportunities to participate in and to be consulted on the preparation of Member State national action plans in accordance, where applicable, with Directive 2001/42/EC of the European Parliament and of the Council58 shall be informed on the national action plans. __________________ 58 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
Amendment 453 #
Proposal for a regulation
Recital 18
Recital 18
(18) Economic instruments, including those unaccess to new financial instruments outsider the CAP that provide support to farmers, can play a crucial 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 466 #
Proposal for a regulation
Recital 20
Recital 20
(20) An approach to pest controllant protection that follows integrated pest management in ensuring careful consideration of all available means that discourage the development of populations of harmful organisms, while keeping the use of chemical plant protection products to levels that are economically and ecologically justified and minimising risks to human health and the environment is necessary for the protection of human health and the environment. ‘Integrated pest management’ emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems, encourages natural pest control mechanisms and uses chemical control only when all other control means are exhausted. To ensure that integrated pest management is implemented consistently on the ground, it is necessary to lay down clear rules in this Regulation. In order to comply with the obligation to follow integrated pest management, a professional user should consider and implement all methods and practices that avoid the use of plant protection products. Chemical plant protection products should only be used when all other control means have been exhausted. In order to ensure and monitor compliance with this requirement, it is important that professional users keep a record of the reasons why they apply plant protection products or the reasons for any other action taken in line with integrated pest management and of advice received in support of their implementation of integrated pest management from independent advisors or there is a risk of a significant loss of yield or quality. These records are also required for aerial applications.
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 481 #
Proposal for a regulation
Recital 21
Recital 21
(21) To avoid unnecessary duplication, the Commission should establishmay provide a standard template for Member States to integrate records kept by professional users of actions taken in line with integrated pest management with those kept under Article 67 of Regulation (EC) No 1107/2009.
Amendment 484 #
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 mustay follow 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 grounddetermine the requirements of integrated pest management.
Amendment 491 #
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 rules 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 intervention 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 500 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure that plant protection products and related application equipment are used in a manner that protects human health, the health of a professional user and the environment, it is necessary to provide for general requirements on professional users in relation to the training required to use certain plant protection products or application equipment, the use of more hazardous plant protection products and the need to comply with inspection requirements for application equipment in professional use.
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 529 #
Proposal for a regulation
Recital 27
Recital 27
(27) Precision farming refers to agricultural management systems carefully tailoring crop managementsuch as cultivation, crop protection or fertilization 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, and 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 manned 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. 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 536 #
Proposal for a regulation
Recital 28
Recital 28
(28) It is however likely that certain unmanned aircraft (including drones) will allow for the targeted aerial application of plant protection products. Such unmanned aircraft are likely to help reduce the use of plant protection products due to targeted application and consequently help reduce the risks to human health and the environment compared to use of land- based application equipment. It is therefore appropriate to set criteria in this Regulation for an exemption of certain unmanned aircraft from the prohibition of aerial application. It is also appropriate to defer the application of this exemption for 3 years given the current state of scientific uncertainty.
Amendment 548 #
Proposal for a regulation
Recital 31
Recital 31
(31) Sale of a plant protection product is an important element in the distribution chain because it allows distributors to provide the necessary information to support its proper use. Specific advice on safety instructions for human health and the environment should be available to the purchaser or end user at the time of sale in order to allow questions to be answered that will facilitate the correct use of the relevant plant protection product. For non- professional users, general information should be available under applicable law at point of sale on safe use, handling and storage of plant protection products and on disposal of the packaging of such products, since those users do not generally have the same practical knowledge as professional users.
Amendment 551 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is essential that Member States establish and maintain systems of both initial and follow-up training for distributors,systems for advisors and professional users of plant protection products and certification systems to record such training, in order to ensure that those operators 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. The training for advisors should be more extensive than that of distributors and professional users since they need to be able to support the proper implementation of integrated pest management and crop- specific rulguidelines. The use or purchase of a plant protection product authorised for professional use must be limited to persons in possession of a training certificate. In addition, in order to ensure safe use of plant protection products for human health and the environment, distributors should be required to provide both professional and non- professional purchasers of plant protection products with product specific information at point of sale.
Amendment 556 #
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure a planned approach to harmful organism control techniquesplant protection control across a number of growing seasons with a view to minimising the use of chemical plant protection products as much as possible and to ensure a proper implementation of integrated pest management, professional users should be required to regularly consult trained, independent advisors on pest management, so that plant protection products are only used as a last resort.
Amendment 563 #
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 measures.
Amendment 565 #
Proposal for a regulation
Recital 35
Recital 35
Amendment 572 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to minimise the adverse impacts of plant protection products on human health and the environment, it is necessary to provide for systems for regular technical inspection of application equipment in professional use. Given the potentially reduced impact of application equipment in professional use which represents a very low scale of use, it is also appropriate to allow Member States to lay down less stringent inspection requirements and provide for different inspection intervals in relation to such equipment. In addition, due to the relatively low cost of purchasing new handheld application equipment and knapsack sprayers compared to the costs of inspection, it is appropriate to provide for the possibility of national derogations from the mandatory inspection of such equipment, subject to the carrying out of a risk assessment covering the risks to human health and the environment posed by such equipment. That assessment should include an estimation of the scale of use of the equipment. To ensure compliance with the inspection requirements, it is necessary to require that each Member State establish a register of application equipment in professional use and keep that register up to date. As some of the application equipment does not have unique IDs, it is necessary to make provision for the supply of a unique ID to such application equipment to ensure that all equipment is physically identified. The member states are required to ensure through regular checks that the application devices are subject to ongoing testing.
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 609 #
Proposal for a regulation
Recital 40
Recital 40
Amendment 618 #
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 and globally. 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 625 #
Proposal for a regulation
Recital 43
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.
Amendment 633 #
Proposal for a regulation
Recital 44
Recital 44
Amendment 638 #
Proposal for a regulation
Recital 46
Recital 46
Amendment 641 #
Proposal for a regulation
Recital 47
Recital 47
(47) In order to assess whether this Regulation reaches its objectives effectively and efficiently, is coherent and still relevant and provides added value at Union level the Commission should carry out an evaluation in 2027, with a special focus on the required points of the Council Decision (EU) 2022/2572 of 19 December 2022 by which the Commission has been requested to submit a study complementing the impact assessment of the proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products, and amending Regulation (EU) 2021/2115 of the European Parliament and of the Council (‘SUR proposal’) of this Regulation.
Amendment 644 #
Proposal for a regulation
Recital 48
Recital 48
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 662 #
Proposal for a regulation
Recital 50
Recital 50
(50) The application of this Regulation should be deferred in order to allow competent authorities and operators to prepare for the requirements introduced by it, and shall enter into force the earliest after 18 months.
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 2236 #
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 pestathogens increases due to the longer time period required for land-based deployment or because it minimizes soil erosiondamages to the soil structure when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met:
Amendment 2240 #
Proposal for a regulation
Article 20 – paragraph 2 – point b – point ii
Article 20 – paragraph 2 – point b – point ii
(ii) the aircraft is equipped with accessories that constitute the best available technology to accurately applyies the plant protection products and to reduces spray drift;
Amendment 2251 #
Proposal for a regulation
Article 20 – paragraph 4 – point c
Article 20 – paragraph 4 – point c
Amendment 2253 #
Proposal for a regulation
Article 20 – paragraph 4 – point d
Article 20 – paragraph 4 – point d
(d) the name of the plant protection product or products or the active ingredient;
Amendment 2255 #
Proposal for a regulation
Article 20 – paragraph 4 – point e
Article 20 – paragraph 4 – point e
Amendment 2283 #
Proposal for a regulation
Article 21 – paragraph 2 – point f
Article 21 – paragraph 2 – point f
Amendment 2286 #
Proposal for a regulation
Article 21 – paragraph 2 – point g
Article 21 – paragraph 2 – point g
Amendment 2287 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States have the possibility to set criteria for the use of unmanned aerial vehicles, for example: (1) to set the level of training required for pilots operating an unmanned aircraft;
Amendment 2288 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 2295 #
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 structures 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 solupreparations containing plant protection products and any packaging of plant protection.
Amendment 2300 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 2303 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Manufacturers, distributors and professional users shall ensure that plant protection products are stored in specific storage facilities for plant protection products that are constructed in such a way as to prevent unwanted releases and are marked as storage facilities for plant protection products.
Amendment 2305 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
Manufacturers, distributors and professional users shall ensure that location, size, ventilation and construction materials of the storage facility are suitable to prevent unwanted releases and to protect human health and the environment.
Amendment 2312 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Advice on the use of a plant protection product to a professional user may only be given by an advisor for whom a training certificate has been issued for following courses for advisors in accordance with Article 25 or who has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2325 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and holds a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2333 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a centraln electronic register for following such courses in accordance with Article 25(5).
Amendment 2336 #
Proposal for a regulation
Article 24 – paragraph 3
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.
Amendment 2346 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risks and the appropriate safety instructions to manage those risks if questioned.
Amendment 2349 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 2354 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 2365 #
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
Amendment 2369 #
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) extensive tTraining for advisors on the subjects listed in Annex III with particular emphasis on the application of integrated pest management.
Amendment 2376 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic registerproviding proof and overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
Amendment 2382 #
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. A training certificate or an entry in a central electronic register shall contain the following information:
Amendment 2385 #
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 2395 #
Proposal for a regulation
Article 25 – paragraph 4 – point g
Article 25 – paragraph 4 – point g
(g) the validity period of the training certificate or entry in the central electronica register.
Amendment 2401 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A competent authority designated in accordance with paragraph 2 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 2404 #
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. A training certificate or an entry in a centraln electronic register shall be valid for 106 years in the case of an independent distributor or professional user and for 5 years in the case of an advisor. Trainings may at last partially also be delivered in a virtual format, where appropriate and feasible.
Amendment 2410 #
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Subject to paragraph 6, a training certificate or an entry in a central electronic register shall only be made or renewed if the holder of the certificate or the person whose name has been entered in the central electronic register demonstrates satisfactory completion of an initial and follow up training or extensive training referred to in paragraph 1, point (a) or (c).
Amendment 2414 #
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. A competent authority designated in accordance with paragraph 2 or an appointed body referred to in paragraph 1 shall withdraw a training certificate if it was incorrectly issued or renewed or shall correct an entry in the central electronica register if it was incorrectly introduced.
Amendment 2417 #
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 2425 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. EWithin 6 months after entering into force, each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independent 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.
Amendment 2429 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registerindependent advisor must be able to demonstrate, if requested inby the system referred to in that paragraph (‘competent authority in accordance with paragraph 1, that the 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.
Amendment 2432 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 2438 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once aevery 6 years for the purposes of receiving the strategic advice referred to in paragraph 4.
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 2451 #
Proposal for a regulation
Article 26 – paragraph 4 – point e
Article 26 – paragraph 4 – point e
(e) where chemical plant protection products are necessary, mMeasures to effectively minimise risks to human health and the environment, in particular to biodiversity, including pollinators, from such use, including risk mitigation measures and techniques.
Amendment 2458 #
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, on the occurrence of harmful organisms and the associated risks for food quality and in relation to the risks associated with the use of plant protection products.
Amendment 2463 #
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 the appearance of harmful organisms and 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 2468 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) the potentialrisk assessments that plant protection products must undergo before authorization and in the event of an extension or re-authorisation, and the scientific arguments for the safe use of plant protection products and the risks to human health and the environment throug, with acute or chronic effects relatingwhich may be due to the use of plant protection products;
Amendment 2475 #
Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
Article 27 – paragraph 3 – point a a (new)
(aa) The occurrence and spread of the most important pests and their impact on plants and crops.
Amendment 2489 #
Proposal for a regulation
Article 27 – paragraph 3 – point e
Article 27 – paragraph 3 – point e
Amendment 2494 #
Proposal for a regulation
Article 27 – paragraph 3 – point g
Article 27 – paragraph 3 – point g
Amendment 2513 #
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. By 31 AugustDecember every year, each Member State shall submit to the Commission shall publish a report containing the following information:
Amendment 2518 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall adopt implementing acts to establish the format for the submission of the information and data referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2)is obligated to guarantee that sensitive data is collected with due regard to data protection and only entered into the system with explicit consent from the data subject.
Amendment 2519 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. The Member States may refer to the system for recording acute and chronic poisoning and occupational diseases on a publicly accessible website.
Amendment 2524 #
Proposal for a regulation
Article 29 – title
Article 29 – title
Amendment 2531 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. By … [OP please insert the date = first day of the month following 9 months after the date of entry into force of this Regulation], an owner of application equipment in professional use shall enter the fact that he or she is the owner of the application equipment in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the Member State in which the owner uses the equipment has exempted that equipment from inspection in accordance with Article 32(3).
Amendment 2533 #
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 360 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). An exception to the recording of application devices in the register within 60 days applies in the context of a family farm takeover and must be made no later than the next due inspection for plant protection devices.
Amendment 2538 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 2540 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 2542 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 40 amending Annex V in order to take into account technical progress and scientific developments.
Amendment 2545 #
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point a
Article 30 – paragraph 1 – subparagraph 1 – point a
(a) establish and maintain a central electronic register to record information on all application equipment in professional use in the Member State;
Amendment 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 2563 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Each Member State shall carry out official controls to verify compliance by operators with the provisions of this Regulation relating to application equipment. Member States shall take appropriate follow-up measures to remedy any specific or systemic shortcomings identified through controls performed by the Commission experts in accordance with paragraphs 3 and 4. They shall give the necessary assistance to ensure that the Commission experts have access to all premises or parts of premises, and goods, and to information, including computer systems, relevant for the execution of their duties.
Amendment 2570 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 2573 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
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 2583 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 2590 #
Proposal for a regulation
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) recorded by that competent authority in the central electronic register of application equipment in professional use referred to in Article 33.
Amendment 2594 #
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
Amendment 2603 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Before laying down less stringent inspection requirements and different inspection intervals as referred to in paragraph 1, a Member State shall carry out a risk assessment on their potential impacts on human health and the environment. The competent authority referred to in Article 30 shall maintain a copy of the risk assessment for control by the Commission.
Amendment 2605 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Hand-held application devices or knapsack sprayers with a volume of up to 100 litres are generally excluded from Chapter VIII (application equipment).
Amendment 2606 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 2609 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 2616 #
Proposal for a regulation
Article 33 – title
Article 33 – title
Amendment 2618 #
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. Each competent authority designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record:
Amendment 2620 #
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) records of inspections and certificates as set out in Article 31(6) and (7)(b);
Amendment 2624 #
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
(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 yearsthe transfer;
Amendment 2625 #
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
(f) the tank sizeVolume of the tank in litres for containers for application of plant protection products in liquid form;
Amendment 2626 #
Proposal for a regulation
Article 33 – paragraph 2 – point g
Article 33 – paragraph 2 – point g
(g) the work width of the horizontal spray boom, if applicable;
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 2629 #
Proposal for a regulation
Article 33 – paragraph 2 – point i
Article 33 – paragraph 2 – point i
(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;
Amendment 2631 #
Proposal for a regulation
Article 33 – paragraph 2 – point j
Article 33 – paragraph 2 – point j
(j) for equipment older than three years, the date of eachthe last inspection carried out in accordance with Article 31;
Amendment 2632 #
Proposal for a regulation
Article 33 – paragraph 2 – point k
Article 33 – paragraph 2 – point k
Amendment 2637 #
Proposal for a regulation
Article 34 – title
Article 34 – title
Methodology for calculating progress towards achieving the two national and two Union wide 20305 reduction targets
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 2658 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 2661 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
Amendment 2670 #
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. By… [OP please insert the date = first day of the month following 12 months after the date of entry into force of this Regulation], the Commission shall complete an evaluation of harmonised risk indicators 1, 2 and 2a. This evaluation shall be based on scientific research from the Joint Research Centre and extensive consultation of stakeholders, including Member States, scientific experts and civil society organisations. The evaluation shall include the methodologies tomay be used in formulating new and modifying existing harmonised risk indicators in accordance with paragraph 4.
Amendment 2680 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two nationalUnion wide 20305 reduction 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.
Amendment 2694 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Member States shallmay lay down the rules on penalties applicable to infringements of this Regulation and shall take the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
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 2746 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
METHODOLOGY FOR CALCULATING PROGRESS TOWARDS ACHIEVING THE TWO UNION AND TWO NATIONAL 20305 REDUCTION TARGETS
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: