Sustainable use

EUROPEAN LEGISLATION ON THE SUSTAINABLE USE OF PESTICIDES

In order to reach a harmonisation of sustainable practices and the use of pesticides, the Commission included the "Thematic strategy on the sustainable use of pesticides" as one of the 7 strategies of its EU Environmental Policy 2002-2012.

In 2006, the Commission published 2 documents:

• An umbrella document: the Commission Communication on the Thematic Strategy on the Sustainable Use of Pesticides
• A legally binding act: the proposal for the Framework Directive on the Sustainable use of pesticides

Following the Commission proposal issued on 2006, the European Parliament eventually officially endorsed a compromise text on 13 January 2009. At present, the Council still needs to endorse the text, after which the directive will be published in the Official Journal and enter into force the day after its publication. However, the Member States have until 2011 to bring into force their national laws, regulations and administrative provisions in line with the content of the Directive.

Since the very beginning of the process, ECPA has warmly welcomed the initiative: sustainability of pesticides is key to achieve high quality and affordable foods

The key points of the legislation read as follows¹.

National Action Plans (article 4):

The Directive provides that each Member State will set up its own National Action Plan to reduce risks and impacts of pesticide use and encourage the development of integrated pest management (IPM) and alternatives to reduce dependency on the use of pesticides.

They will comprise the following key elements:

• National quantitative targets covering different areas of concern such as workers’ protection, protection of environment, residues or use in specific crops
• Measures and timetables to implement these
• Indicators to monitor the use of pesticides containing active substances of particular concern i.e. with particular focus on substances not fulfilling cut-off criteria of 91/414 revision

For substances of particular concern: timetables and targets to reduce use for these substances to achieve risk reduction taking into account existing national plans (risk or use reduction targets)

• Considering their social, economic and environmental impacts
• Taking into account national or local conditions and relevant stakeholders groups

Training and Sales (article 5 and 6):

• Training is applicable for all professional users, distributors and advisors by bodies designated by Member States
• National training certification systems will be established to prove sufficient knowledge of products
• All distributors - except "micro-businesses" - will have at least one person holding a training certificate
• The sales of pesticides authorised for professional users will be restricted to persons holding a training certificate
• All distributors selling to non-professional users will provide general information on risks and use of pesticide

Information and awareness raising (article 7):

• Member States will inform the general public and promote information and awareness-raising programmes and availability of accurate and balanced information relating to pesticides
• Member States will gather information on acute poisoning incidents such as among operators

Inspection of equipment (article 8):

• Member States must ensure inspections of equipment in professional use at regular intervals
• All pesticide application equipment shall be inspected at least once by 2016
• Derogations from exemptions may apply for handled application equipment

Aerial spraying (article 9):

• Aerial spraying is allowed if several conditions are met
• Specific request for approval for an application plan needs to be submitted prior to spraying
• A request is deemed approved if no answer has been received from the competent authority within a specific time

Risk or use reduction in specific areas (article 11):

• Minimisation of use or prohibition in specific areas
• Appropriate risk management measures to be taken at national level

IPM (article 13):

• IPM to be implemented by 2014 by all professional users
• Member States to establish all necessary conditions for IPM implementation

As it is a Directive, Member States need to transpose its content into national legal orders.

¹ Reference to final sustainable use framework directive text-not yet officially published in OJ http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2009-0010