Legal provisions of COM(1976)444 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(1976)444 - . |
---|---|
document | COM(1976)444 ![]() |
date | December 21, 1978 |
Contents
Article 1
Article 2
1. Plant protection products
Active substances and preparations containing one or more active substances intended:
1.1. to destroy organisms harmful to plants or plant products or to protect them from such organisms, in so far as such substances or preparations are not defined in the following provisions;
1.2. to, influence the life processes of plants, other than as a nutrient;
1.3. to preserve plant products, in so far as such substances or products are not subject to special Council or Commission provisions on preservatives;
1.4. to destroy undesired plants; or
1.5. to destroy parts of plants or to prevent undesired growth of plants.
2. Substances
Chemical elements and their compounds, as they occur naturally or by manufacture.
3. Preparations
Mixtures or solutions composed of two or more substances, or of micro-organisms or viruses used as plant protection products.
4. Active substances
Substances, micro-organisms and viruses, having general or specific action:
4.1. against harmful organisms; or
4.2. on plants, parts of plants or plant products.
5. Plants
Live plants and live parts of plants, including fresh fruit and seed.
6. Plant products
Products, in the unprocessed state or having undergone only simple preparation such as milling, drying or pressing, derived from plants, but excluding plants themselves as defined in point 5.
7. Harmful organisms
Pests of plants or of plant products, which belong to the animal or plant kingdoms, or which are viruses, mycoplasmas or other pathogens.
8. Animals
Animals belonging to species normally nourished and kept or consumed by man.
9. Placing on the market
Any transfer of possession, whether in return for payment or free of charge.
10. Environment
The relationship of human beings with water, air, land and all biological forms.
Article 3
The first paragraph shall not apply to plant protection products which contain negligible impurities because of the nature of their manufacturing process, provided that they have no harmful effects on human beings, animals or the environment.
Article 4
2. Member States shall inform the other Member States and the Commission of any cases in which paragraph 1 is applied and, if the Commission so requests, shall provide it with details of the extent to which each such active substance is used.
Article 5
(a) purposes of research or analysis; or
(b) export to third countries.
Article 6
(a) any amendments necessary within groups A (mercury compounds) and B (persistent organochlorine compounds) of the substances in column 1 of the Annex;
(b) any amendments necessary to column 2 of the Annex. If a derogation is to be cancelled, prior consultation of the Scientific Committee shall not be necessary, provided that all Member States have informed the Commission that they do not intend or no longer intend to avail themselves of that derogation. This information may be supplied to the Standing Committee on Plant Health set up under Decision 76/894/EEC .
2. Paragraph 1 shall apply for a period of five years as from 1 January 1981.
The Council, acting unanimously on a proposal from the Commission, may decide to extend the, period of validity of paragraph 1 or to remove any limit on its application.
3. Any amendments to the Annex which are not provided for in paragraph 1 shall be adopted by the Council acting on a proposal from the Commission.
4. The Commission shall examine at least every two years whether and to what extent the second column of the Annex should be amended.
5. All amendments to the Annex shall be made by reason of the development of scientific and technical knowledge.
6. An active substance shall be included in the Annex if, even when properly applied for the purpose intended, its use gives rise or is likely to give rise to:
(a) harmful effects on human or animal health;
(b) unreasonable adverse effects on the environment.
Article 7
2. It shall be established without delay in accordance with the procedure laid down in Article 8 whether and, if so, under what conditions the action taken by the Member State pursuant to paragraph 1 may be continued or repeated.
Article 8
2. Within the Committee the votes of the Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.
3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be adopted by a majority of 41 votes.
4. The Commission shall adopt the measures and implement them forthwith where they are in accordance with the opinion of the Committee. Where they are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall adopt the measures by a qualified majority.
If the Council has not adopted any measures within three months of the proposal being submitted to it, the Commission shall adopt the proposed measures and implement them forthwith.