38 Amendments of María Soraya RODRÍGUEZ RAMOS related to 2022/0196(COD)
Amendment 306 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure full attainment of the objectives of the Union legal framework on sustainable use of plant protection products, it needs to be adapted by laying down clearer and directly applicable rules for operators. In addition, a number of rules should be clarified, including the rules on the application of integrated pest management, restrictions of use of plant protection products and the inspections of equipment used to apply plant protection products. It is therefore appropriate to repeal Directive 2009/128/EC and replace it with a regulation. As the implementation of the principles of integrated pest management is obligatory since 2014 on the basis of Regulation (EC) No 1107/2009 and of Directive 2009/128/EC, Member States should describe in their National Action Plan how they ensure that the principles of integrated pest management hierarchy are observed by the professional users, including farmers and farm workers.
Amendment 326 #
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 EU Soil Strategy for 203051a, and the EU Pollinators Initiative51b, the Commission committed to take action to reduce by 50% the overall use and risk from chemical pesticides by 2030 and reduce by 50% the use of more hazardous pesticides (plant protection products containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council51 and listed in Part E of the Annex to Commission Implementing Regulation (EU) No 540/201152 , or containing one or more active substances listed in the Annex to Commission Implementing Regulation (EU) 2015/40853 ) by 2030. The sustainable use of plant protection products is also complementary to the promotion of organic farming and achieving the Farm to Fork Strategy target of at least 25% of the Union’s agricultural land under organic farming by 2030. It supports the objectives of the EU strategic framework on health and safety at work54 and thereby contributes to the implementation of principle 10 of the European Pillar of Social Rights on a healthy, safe and well- adapted work environment. __________________ 47 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal COM/2019/640 final. 48 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system, COM/2020/381 final. 49 Communication from the Commission to the European Parliament the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030 Bringing nature back into our lives, COM/2020/380 final. 50 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil', COM(2021) 400 final. 51 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 51a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on EU Soil Strategy for 2030 — Reaping the benefits of healthy soils for people, food, nature and climate COM(2021) 699 final. 51b Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Revision of the EU Pollinators Initiative A new deal for pollinators, COM/2023/35 final 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 422 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 2030 reduction targets’) as well as national 2030 reduction targets, it is necessary to increase the availability and use of biological control and other non-chemical alternatives. Availability of these alternatives will incentivise the adoption of low pesticide- input pest management practices such as organic farming. Binding pesticide reduction targets and low pesticide-input pest management practices will, on the other hand, also contribute to reaching the Union´s climate neutrality objective by 2050, as vast majority of active substances, which may be applied exclusively in conventional agriculture, are energy intense petrochemical products.
Amendment 437 #
Proposal for a regulation
Recital 16
Recital 16
(16) The ‘Eighth General Union Environment Action Programme to 2030’ adopted by Decision (EU) 2022/591 of the European Parliament and of the Council on 6 April 2022 establishes the objective to achieve a non-toxic environment protecting the health and well-being of people, animals and ecosystems from environment-related risks and negative impacts, and, for that purpose, stipulates that further improvement of monitoring methods, better information to the public and access to justice are needed. This guides the objectives set in this Regulation. As 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 and in line with the Aarhus Convention. __________________ 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 449 #
Proposal for a regulation
Recital 18
Recital 18
(18) Economic instruments, including those under 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. Member States should propose amendments to their strategic plans as soon as possible, should strategic plans fail to contribute or are expected to fail to contribute to the achievement of the goals of this Regulation.
Amendment 462 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to meet the second objective of this Regulation, namely health and environmental monitoring, it is needed that the Commission and Member States establish and uplift standardised and systematic in situ monitoring, including citizens science. Union-wide systematic collection of comparable data on the pollutants present in the environment, including the risks which they pose, must be prioritised. A common monitoring framework offers a better solution to measure progress and is more cost-effective, in comparison to individual uncoordinated ad hoc efforts on national or regional levels, which can, however, complement the core EU-wide monitoring framework. As a first step, the Commission, including its agencies, should support Member States in the proper embedding of such monitoring in their National Action Plans, including the rollout of existing monitoring of pesticides via honeybees (Insignia Bee) and LUCAS Soil Pesticides Module on their territory.
Amendment 512 #
Proposal for a regulation
Recital 25
Recital 25
(25) 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 . 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 suchnd surrounding areas, should therefore be prohibited. Derogations from the prohibition should only be allowed for substances authorised in accordance with Regulation 2018/848 and biological control as defined in article 3(23) under certain conditions and on a case-by-case basis. __________________ 67 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 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).
Amendment 537 #
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 productsfor the use of biological control. 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 629 #
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, taxes, levies or charges in order to ensure that adequate financial resources are available to competent authorities.
Amendment 2144 #
Proposal for a regulation
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit a professional user to use a plant protection product in a sensitive area authorised in accordance with Regulation 2018/848 and biological control as defined in article 3(23), for a limited period with a precisely defined start and end date that is the shortest possible but does not exceed 60 days, provided that all of the following conditions are met:
Amendment 2155 #
Proposal for a regulation
Article 18 – paragraph 3 – point b a (new)
Article 18 – paragraph 3 – point b a (new)
(ba) a subsequent regular environmental monitoring of contaminants and their impacts on human health and on the environment of the respective area can be ensured.
Amendment 2193 #
Proposal for a regulation
Article 18 – paragraph 8 – point e
Article 18 – paragraph 8 – point e
(e) the name of the plant protection product or products, including applied quantities;
Amendment 2194 #
Proposal for a regulation
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. Commission and Member States shall jointly assess the implementation of this article by [..18 months after the date of entry into force of this Regulation] with a specific focus on cases where more flexible buffer zone modalities were chosen by competent authorities and subsequent environmental monitoring was triggered. If considered necessary for the protection of the environment or public health, the Commission shall be empowered to amend or supplement in accordance with Article 40 paragraphs 3, 6 and 8 of this article.
Amendment 2206 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The use of all plant protection products is prohibited on all surface waters and within 310 metres of such waters. This 3 standard 10 metre buffer zone shall notmay be reduced by using alternative risk- mitigation techniques to minimum 3 metres upon approval of competent authorities, if subsequent regular environmental monitoring of contaminants and their impacts on drinking water and aquatic environment can be ensured.
Amendment 2219 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States may establish larger mandatory buffer zones adjacent to surface waters and shall do so if monitoring data confirm increased surface waters pollution.
Amendment 2223 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. By … [OP: please insert the date 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 achieveand their metabolites and chemical mixtures, at least, the objectives set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC, 2008/56/EC and (EU) 2020/2184.
Amendment 2225 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. The Commission and Member States shall jointly assess the implementation of this article by [..18 months after the date of entry into force of this Regulation] with a specific focus on cases where more flexible buffer zone modalities were chosen by competent authorities and subsequent environmental monitoring was triggered. If considered necessary for the protection of drinking water and aquatic environment, the Commission shall be empowered to amend or supplement in accordance with Article 40 paragraphs 3, 6 and 8 of this article.
Amendment 2232 #
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit aerial application by a professional user for a biological control in any of the following situations:
Amendment 2234 #
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) there is no better technically feasible alternative application method to the aerial application due to inaccessible terrain;
Amendment 2273 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. An aerial application by an unmanned aircraft may be exempted by the Member State from the prohibition laid down in Article 20(1) for the use of biological control 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:
Amendment 2310 #
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 impartial and independent 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 2342 #
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. A distributor shall provide general information to non-professional users on the risks to human health and the environment, including impact on non- target organisms such as pollinators, of the use of plant protection products, including the information on hazards, exposure, proper storage, handling, application and safe disposal in accordance with Directive 2008/98/EC of the European Parliament and of the Council86 , and shall recommend alternative low-risk plant protection products, giving priority to biological control agents, and ways in which risks can be mitigated when using plant protection products. __________________ 86 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312 22.11.2008, p. 3).
Amendment 2351 #
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The distributor referred to in paragraph 5 shall, as priority, 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, including for non-target organisms such as pollinators.
Amendment 2360 #
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) initial and follow up training to professional users and distributors on the subjects listed in Annex III, and on impact of plant protection products on non-target organisms which provide key ecosystem services, such as pollinators;
Amendment 2372 #
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 register and overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training. Member States shall ensure that staffing levels are sufficient to support application of this Regulation. All personnel of the competent authorities responsible for the implementation of this Regulation shall be free from any conflict of interests.
Amendment 2450 #
Proposal for a regulation
Article 26 – paragraph 4 – point e
Article 26 – paragraph 4 – point e
(e) where chemical plant protection products are necessary, measures to effectively prevent and minimise risks to human health and the environment, in particular to biodiversity, including pollinatorsmanaged and wild pollinators, pest control organisms, and soil biodiversity, from such use, including risk mitigation measures and techniques.
Amendment 2456 #
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 regular and seasonal awareness- raising programmes and campaigns, in relation to the risks associated with the use of plant protection products and the impact thereof on human health and environment, including non-target organisms which provide key ecosystem services, such as pollinators.
Amendment 2470 #
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) the potential risks to human health and the environment through acute or chronic effects relating to the use of plant protection products, including on non- target species, such as pollinators, farm animals and companion animals;
Amendment 2473 #
Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
Article 27 – paragraph 3 – point a a (new)
(aa) the environmental footprint of the production of synthetic pesticides, specifically in the context of Union´s climate goals and strategic autonomy;
Amendment 2479 #
Proposal for a regulation
Article 27 – paragraph 3 – point b
Article 27 – paragraph 3 – point b
(b) the manner in which the potential risks referred to in point (a) can be prevented, respecting the integrated pest management hierarchy, and mitigated;
Amendment 2502 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Each Member State shall designate a competent authority to maintain or put in place systems for gathering and keeping the following information on acute and chronic poisoning incidents arising from exposure of persons and animals, including farm and companion animals, to plant protection products:
Amendment 2514 #
Proposal for a regulation
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) the number of acute and chronic poisoning incidents arising from exposure of persons and animals, including farm and companion animals, to plant protection products during the preceding calendar year;
Amendment 2528 #
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 2532 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. If application equipment in professional use is sold, the seller and the buyer shall enter the fact of the sale, within 30 days after the sale, in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the application equipment in professional use has been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3). A similar obligation to enter a transfer of ownership in the electronic register applies in the case of any other changes of ownership of application equipment in professional use that has not been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3).
Amendment 2559 #
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 with due respect to impartiality and independence.
Amendment 2577 #
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 impartial and independent staff, equipment and other resources necessary for the inspection of all application equipment due for inspection, within the three year cycle.
Amendment 2697 #
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 chargeand to support uptake of integrated pest management hierarchy under this Regulation by means of fees, taxation of the chemical plant protection products, levies or charges, taking into consideration the different risks related to the products.
Amendment 2703 #
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
By 6 months after entry into force of this Regulation, the Commission shall submit a report to the Parliament and Council assessing: – the different existing regimes of levies on pesticides in the Member States, including taxation and EPR schemes; – the possibility to establish an European Union wide regulatory framework for levies on pesticides, based on their environmental hazards and best practices in the Member States. Furthermore, with the view of supporting farmers in their transition, financing monitoring and other activities required for correct implementation of this Regulation, the Commission shall include assessment of the following two options: – the impact and possible modalities of introduction of a uniform financial mechanism on Member States level, which would foresee financial retour of the levies exclusively on national level; – the impact and possible modalities of introduction of a pesticide-levy as a new own resource into the Union´s Multiannual Financial Framework. The Commission report may be accompanied by legislative proposals where appropriate. The report shall be made public.