Legal provisions of COM(2022)305 - Sustainable use of plant protection products

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dossier COM(2022)305 - Sustainable use of plant protection products.
document COM(2022)305
date June 22, 2022


CHAPTER I

GENERAL PROVISIONS

Contents

Article 1 - Subject matter

This Regulation lays down rules for the sustainable use of plant protection products by providing for the setting, and achievement by 2030, of reduction targets for the use and risk of chemical plant protection products, establishing requirements for use, storage, sale and disposal of plant protection products and for application equipment, providing for training and awareness raising, and providing for implementation of integrated pest management.

Article 2 - Scope

This Regulation shall apply to products, in the form in which they are supplied to the user, consisting of or containing active substances, safeners or synergists, and intended for one of the following uses:

(a)protecting plants or plant products against all harmful organisms or preventing the action of such organisms, unless the main purpose of these products is considered to be for reasons of hygiene rather than for the protection of plants or plant products;

(b)influencing the life processes of plants, such as substances influencing their growth, other than as a nutrient or a plant biostimulant;

(c)preserving plant products, in so far as such substances or products are not subject to special Union provisions on preservatives;

(d)destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants;

(e)checking or preventing undesired growth of plants, except algae unless the products are applied on soil or water to protect plants.

These products are referred to as ‘plant protection products’.

Article 3 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘chemical plant protection product’ means a plant protection product containing a chemical active substance excluding plant products using natural means of biological origin or substances identical to them, such as micro-organisms, semiochemicals, extracts from plant products as defined in Article 3(6) of Regulation (EC) No 1107/2009, or invertebrate macro-organisms; 

(2) ‘low-risk plant protection product’ means a plant protection product authorised in accordance with Article 47(1) of Regulation (EC) No 1107/2009;

(3) ‘chemical active substance’ means an active substance other than a micro-organism, a semiochemical or an extracts from a plant product as defined in Article 3(6) of Regulation (EC) No 1107/2009; 

(4) ‘biodiversity’ means biodiversity as defined in Article 3(29) of Regulation (EC) No 1107/2009;

(5) ‘more hazardous plant protection product’ means a plant protection product containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 and listed in Part E of the Annex to Implementing Regulation (EU) No 540/2011, or containing one or more active substances listed in the Annex to Implementing Regulation (EU) 2015/408;

(6) ‘utilised agricultural area’ means utilised agricultural area as defined in Article 2, point (e) of Regulation (EU) 2018/1091 of the European Parliament and of the Council 79 ; 

(7) ‘professional user’ means any person who uses a plant protection product in the course of their professional activities;

(8) ‘distributor’ means any person who makes a plant protection product available on the market, including a wholesaler, a supplier or retailer;

(9) ‘advisor’ means any person who advises on integrated pest management and the safe use of plant protection products, in the context of a professional capacity or commercial service, including private and public advisory services;

(10) ‘application equipment’ means any equipment the use of which for the application of a plant protection product is reasonably foreseeable at the time of manufacture and accessories that are essential for the effective operation of such equipment, with the exception of equipment designed for the sowing or planting of propagating material treated with plant protection products;

(11) ‘application equipment in professional use’ means any of the following:

(a)application equipment which is used by a professional user for the application of plant protection products;

(b)application equipment with horizontal or vertical booms or orchard blast sprayers, irrespective of whether it is being used for the application of plant protection products; 

(12) ‘aerial application’ means application of a plant protection product from an aircraft;

(13) ‘unmanned aircraft’ means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board;

(14) ‘plant protection product authorised for professional use’ means a plant protection product that has been authorised for professional users only in accordance with Article 31 of Regulation (EC) No 1107/2009;

(15) ‘integrated pest management’ means 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 minimise risks to human health and the environment; 

(16) ‘sensitive area’ means any of the following:

(a)an area used by the general public, such as a public park or garden, recreation or sports grounds, or a public path;

(b)an area used predominantly by a vulnerable group as defined in Article 3(14) of Regulation (EC) No 1107/ 2009;

(c)human settlements (community in which people live and work), defined as the most up to date CORINE (Coordination of information on the Environment) system maintained by the EEA Land Cover Level 1 classification (Artificial Surfaces) (excluding Level 2 – 1.2: Industrial, commercial and transport units and Level 2 – 1.3: Mine, dump and construction sites) 80 ;

(d)an urban area covered by a watercourse or water feature;

(e)non-productive areas as defined under the EU standards on good agricultural and environmental condition of land (GAEC), GAEC standard 8 listed in Annex III to Regulation (EU) 2021/2115.

(f)an ecologically sensitive area, which means any of the following:

(i)any protected area under Directive 2000/60/EC, including possible safeguard zones as well as modifications of those areas following the risk assessment results for drinking water abstraction points under Directive (EU) 2020/2184 of the European Parliament and of the Council 81 ;

(ii)sites of Community importance in the list referred to in Article 4(2) of Directive 92/43/EEC and the special areas of conservation designated in accordance with Article 4(4) of that Directive, and special protection areas classified pursuant to Article 4 of Directive 2009/147/EC, and any other national, regional, or local protected area reported by the Member States to the Nationally designated protected areas inventory (CDDA); 

(iii)any area for which the monitoring of pollinator species carried out in accordance with Article 17(1), point (f), of Regulation xxx/xxx [reference to adopted act to be inserted] establishes that it sustains one or more pollinator species which the European Red Lists classify as being threatened with extinction.

(17) ‘quarantine pest’ means quarantine pest as defined in Article 3 of Regulation (EU) 2016/2031 of the European Parliament of the Council 82 ;

(18) ‘invasive alien species’ means invasive alien species as defined in Article 3, point (2), of Regulation (EU) No 1143/2014 of the European Parliament and of the Council 83 ;

(19) ‘surface water’ means a body of surface water as defined in Article 2, point (1), of Directive 2000/60/EC;

(20) ‘groundwater’ means a body of groundwater as defined in Article 2, point (2), of Directive 2000/60/EC

(21) ‘risk indicator’ means a measurement indicating the relative change in risks for human health or the environment associated with the use of plant protection products, and calculated in accordance with the methodology set out in Annex VI;

(22) ‘non-chemical methods’ means alternatives to chemical plant protection products;

(23) ‘biological control’ means the control of organisms harmful to plants or plant products using natural means of biological origin or substances identical to them, such as micro-organisms, semiochemicals, extracts from plant products as defined in Article 3(6) of Regulation (EC) No 1107/2009, or invertebrate macro-organisms.

CHAPTER II

REDUCTION TARGETS FOR CHEMICAL PLANT PROTECTION PRODUCTS

Article 4 - Union 2030 reduction targets for chemical plant protection products

1. Each Member State shall contribute, through the adoption and achievement of national targets in accordance with Article 5 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’), compared to the average of the years 2015, 2016 and 2017 (collectively referred to as ‘the Union 2030 reduction targets’).

2. Progress towards achieving the Union 2030 reduction targets shall be calculated annually by the Commission in accordance with the methodology set out in Annex I.

Article 5 - Member States 2030 reduction targets for chemical plant protection products

1. By … [OP: please insert the date – 6 months after the date of application of this Regulation] each Member State shall adopt national targets in its national legislation to achieve by 2030 a reduction set in accordance with this Article, from the average of the years 2015, 2016 and 2017, of the following:

(a)the use and risk of chemical plant protection products as defined in Annex I (‘national 2030 reduction target 1’);

(b)the use of more hazardous plant protection products as defined in Annex I (‘national 2030 reduction target 2’).

For the purposes of this Regulation, the two national reduction targets listed in points (a) and (b) of the first subparagraph, are collectively referred to as the ‘national 2030 reduction targets’.

2. The progress of each Member State towards achieving the national 2030 reduction targets shall be calculated annually by the Commission in accordance with the methodology set out in Annex I.

3. Each Member State shall reach the targets referred to in paragraph 1 by 2030. A Member State that reaches the level of one of its 2030 national reduction targets before 2030 shall not be required to undertake additional reduction efforts. It shall monitor annual fluctuations in order to maintain the progress achieved in relation to that 2030 national reduction target.

4. Subject to paragraphs 5 to 8, the national 2030 reduction targets shall be set at such level so as to achieve a reduction between the average of the years 2015, 2016 and 2017 and the year 2030 in the relevant Member State that at least equals 50%.

5. A Member State may reduce its national target for the use and risk of chemical plant protection products referred to in paragraph 4 to a percentage that is a mid-point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to the use and risk as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.

The figure related to intensity shall be the following:

(a)35% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 2015, 2016 and 2017 is less than 70% of the Union average;

(b)50% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 2015, 2016 and 2017 is between 70% and 140% of the Union average;

(c)65% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 2015, 2016 and 2017 is more than 140% of the Union average.

The figure related to the use and risk shall be the following:

(a)where a Member State has achieved a greater reduction in the use and risk of chemical plant protection products than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by subtracting from 50% the difference between the reduction achieved and the Union average reduction;

(b)where a Member State has increased the use and risk of chemical plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.

For the purposes of this paragraph ‘weighted intensity of use and risk of chemical plant protection products’ means a value corresponding to the kilograms of chemical active substances in plant protection products sold per year in a Member State, weighted according to their hazard weightings as set out in row (iii) of the Table of Annex I, divided by the number of hectares of utilised agricultural area in that Member State.

6. A Member State may reduce its national target for the use of the more hazardous plant protection products referred to in paragraph 4 to a percentage that is a mid-point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to use as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.

The figure related to intensity shall be the following:

(a)35% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 2015, 2016 and 2017 is less than 70% of the Union average;

(b)50% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 2015, 2016 and 2017 is between 70% and 140% of the Union average;

(c)65% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 2015, 2016 and 2017 is more than 140% of the Union average.

The figure related to the use shall be the following:

(a)where a Member State has achieved a greater reduction in the use of the more hazardous plant protection products than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by subtracting from 50% the difference between the reduction achieved and the Union average reduction;

(b)where a Member State has increased the use of the more hazardous plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.

For the purposes of this paragraph ‘intensity of use of the more hazardous plant protection products’ means a value corresponding to the kilograms of chemical active substances in the more hazardous plant protection products sold per year in the Member State concerned divided by the number of hectares of utilised agricultural area in that Member State.

7. Member States with outermost regions, as listed in Article 349 of the Treaty, may take into account the specific needs of these regions as regards the use of plant protection products when adopting national 2030 reduction targets, due to the particular climatic conditions and crops in these regions.

8. In no case may the application of paragraph 5, paragraph 6 and paragraph 7 result in either of the 2030 national reduction targets being lower than 35%.

9. By … [OP: please insert the date – 7 months after the date of application of this Regulation], each Member State shall communicate its national 2030 reduction targets to the Commission.

10. If a Member State fails to adopt a national 2030 reduction target by … [OJ: please insert the date –6 months after the date of application of this Regulation], that target shall be deemed to be either 50%; or, where the percentage would be above 50% in accordance with paragraph 5 or paragraph 6, that higher percentage.

Article 6 - Initial assessment of national targets by the Commission

1. The Commission shall review the national 2030 reduction targets communicated to it in accordance with Article 5(9) and the information explaining any lowering of targets made in accordance with Article 5(5) or Article 5(6).

2. Where the Commission concludes, on the basis of the information made available to it, that the national 2030 reduction targets communicated by a Member State need to be set at a more ambitious level, it shall, by … [OP: please insert the date – 1 year after the date of application of this Regulation], recommend that Member State to increase the level of its national 2030 reduction targets. The Commission shall make that recommendation public.

3. Where a Member State adjusts its national 2030 reduction targets as recommended by the Commission, it shall amend the national targets set in its national legislation in accordance with Article 5 and include the adjusted targets in its national action plan together with the Commission’s recommendation. 

4. Where a Member States decides not to adjust its national 2030 reduction targets, as recommended by the Commission, it shall include the justifications for such decision in its national action plan together with the text of the recommendation.

5. Member States which have received a Commission recommendation referred to in paragraph 2 shall communicate the adjusted targets, or their justification for not adjusting them, as applicable, to the Commission by… [OP: please insert the date – 18 months after the date of application of this Regulation].

6. Having assessed the level of national 2030 reduction targets of all Member States set in accordance with Article 5, the Commission shall verify whether their average at least equals 50% so as to achieve the corresponding Union 2030 reduction target.

7. If the average of national 2030 reduction targets of all Member States is lower than 50%, the Commission shall recommend that one or more Member States increase the level of their national 2030 reduction targets in order to achieve the Union 2030 reduction targets. The Commission shall make any such recommendation public.

8. Within one month of receiving the recommendation referred to in paragraph 7, a Member State shall take one of the following actions:

(a)adjust its national 2030 reduction targets as recommended by the Commission, amend the national targets set in its national legislation in accordance with Article 5 and include the adjusted targets in its national action plan together with the Commission recommendation;

(b)provide justifications for not adjusting its national 2030 reduction targets as recommended by the Commission, and include the justifications for such decision in its national action plan together with the Commission recommendation. 

Article 7 - Publication of Union and national 2030 reduction targets trends by the Commission

1. By 31 August of each calendar year, the Commission shall publish on a website the average trends in progress towards achieving the Union 2030 reduction targets. These trends shall be calculated as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication. The trends shall be calculated in accordance with the methodology set out in Annex I.

2. The Commission shall update the website referred to in paragraph 1 at least once a year.

3. By 31 August of each calendar year, the Commission shall publish information for each Member State on trends in progress towards achieving the national 2030 reduction targets. These trends shall be calculated as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication. The trends shall be calculated in accordance with the methodology set out in Annex I, on the website referred to in paragraph 1.  

CHAPTER III

NATIONAL ACTION PLANS

Article 8 - National Action Plans

1. By … [OP: please insert the date – 18 months after the date of application of this Regulation] each Member State shall draft and publish on a website a national action plan containing the following information:

(a)the national 2030 reduction targets adopted in accordance with Chapter II;

(b)information related to national 2030 reduction targets as set out in Article 9;

(c)details of planned progress in relation to the elements relevant for the implementation of this Regulation listed in Part 2 of Annex II;

(d)a link to the relevant parts of CAP strategic plans, drawn-up in accordance with Regulation (EU) 2021/2115, which set out plans for an increase in the utilised agricultural area engaged in organic farming and how the plans will contribute to achieving the target set out in the 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 84 of having 25% of the utilised agricultural area devoted to organic farming by 2030;

(e)a list of application equipment in professional use to which the Member State applies different inspection requirements in accordance with Article 32(1);

(f)information on the estimated annual amounts of plant protection products illegally used or seized via antifraud operations during the preceding 3 years and any planned related measures;

(g)national measures for encouraging the use of non-chemical methods by professional users through financial incentives, in accordance with Union legislation on State aid;

(h)planned and adopted measures to support, or ensure through binding requirements laid down in national law, innovation and the development and use of non-chemical pest control methods;

(i)other planned and adopted measures to support, or ensure through binding requirements laid down in national law, the sustainable use of plant protection products in line with integrated pest management principles, including those contained in crop-specific rules as set out in Article 15(1).

Each Member State shall notify the Commission without delay of the first publication of its national action plan.

Each Member State shall review its national action plan at least every 3 years from the first publication. As a result of the review a Member State may amend its national action plan. Member States shall publish amended versions of their national action plans and shall provide amended national action plans to the Commission without delay.

The updated versions of national action plans published until and including 2030 shall contain the information listed in the first subparagraph, points (a) to (i).

The updated versions of national action plans published after 2030 shall contain the information listed in the first subparagraph, points (c) to (i).

2. Each Member State shall carry out a public consultation process prior to the adoption or modification of its national action plan in accordance with the requirements of Directive 2001/42/EC of the European Parliament and of the Council 85 .

3. National action plans shall contain a summary of the public consultation process carried out before their adoption and list authorities responsible for their implementation.

4. National action plans shall be consistent with the plans of Member States drawn-up in accordance with Directives 91/676/EEC, 92/43/EEC, 2000/60/EC, 2008/50/EC, 2009/147/EC and (EU) 2016/2284 and Regulation xxx/xxx on nature restoration [reference to adopted act to be inserted], be consistent with the CAP Strategic Plans drawn-up in accordance with Regulation (EU) 2021/2115 and shall contain explanations how the national action plan is consistent with those plans.

5. Member States with outermost regions may take measures tailored to these regions in their national action plans taking into account the particular needs related to the specific climatic conditions and crops in these regions.

Article 9 - Information on national 2030 reduction targets in national action plans

1. National action plans published until and including 2030 shall include all of the following information related to the national 2030 reduction targets:

(a)a list of at least the 5 active substances that most strongly influence the trend in the reduction in the use and risk of chemical plant protection products, and of the use of the more hazardous plant protection products, as determined by applying the methodology set out in Annex I, during the 3 years preceding the adoption of the national action plan;

(b)a list of the crops on which each of the active substances referred to in point (a) are most widely used and the number of hectares of each crop treated;

(c)a list of pests against which the active substances referred to in point (a) are used on the crops referred to in point (b);

(d)for each of the pests referred to in point (c), a list of non-chemical methods used or likely to be available by 2030.

2. For each non-chemical method listed in accordance with paragraph 1, point (d), national action plans shall indicate all of the following:

(a)the estimated scale of its use, based on data on the sale of plant protection products, surveys and expert judgement, during the 3 calendar years preceding the adoption of the national action plan, together with a national indicative target for increasing its use by 2030 and a list of potential obstacles to achieving this increase;

(b)a list of measures and other actions to be taken by the Member State and by other actors to address the potential obstacles referred to in point (a), with a detailed timeline of intermediary steps and the authorities responsible for each of the steps to be taken by the Member State.

3. In relation to at least the 5 crops that most strongly influenced the trend in the use and risk of chemical plant protection products, and the trend in the use of the more hazardous plant protection products, as determined by applying the methodology set out in Annex I, during the 3 years preceding the adoption of the national action plan, the national action plan shall indicate all of the following:

(a)the percentage of all plant protection products used on those crops which were biological controls during the 3 calendar years preceding the adoption of the national action plan, together with the national indicative targets for increasing that percentage by 2030 and a list of the potential obstacles to achieving that increased percentage;

(b)a list of measures and other actions to be taken by the Member State and by other actors to address the potential obstacles referred to in point (a), with a detailed timeline of intermediary steps and the authorities responsible for each step to be taken by the Member State.

4. National action plans shall also include national indicative targets for increasing the percentage of overall sales of plant protection products which are not chemical plant protection products from a baseline period of the 3 calendar years preceding the adoption of the national action plan.

Article 10 - Annual progress and implementation reports

1. By 31 August every year, but not sooner than [OP: please insert the date – 30 months after the date of application of this Regulation], each Member State shall submit to the Commission an annual progress and implementation report containing the information listed in Annex II.

2. The annual progress and implementation report shall include:

(a)all trends in progress towards achieving the national 2030 reduction targets as set out in Part 1 of Annex II, calculated in accordance with the methodology set out in Annex I as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication;

(b)all trends in progress towards achieving national indicative targets set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4) ), calculated annually as the difference between the extent of use in the 3 calendar years preceding the adoption of the national action plan in accordance with Article 9(1) and the calendar year ending 20 months prior to the publication of the relevant annual progress and implementation report;

(c)all other quantitative data in relation to implementation of this Regulation as set out in Part 2 of Annex II;

(d)the outcome of the evaluation of the results of each harmonised risk indicator carried out in accordance with Article 36(1);

(e)all trends in progress towards achieving an increase in the utilised agricultural area under organic farming referred to in Article 8(1), point (d).

3. Each Member State shall publish its annual progress and implementation report on a website and inform the Commission thereof.

4. The Commission may request a Member State to include further details in its annual progress and implementation report.

Within 2 months of receipt of the Commission’s request, the Member State concerned shall respond to the request and shall publish its response on the website referred to in paragraph 3.

5. The Commission shall publish annual progress and implementation reports of the Member States on a website.

6. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending Annex II in order to take into account data relevant to the sustainable use of plant protection products.

Article 11 - Commission’s analysis of annual progress and implementation reports

1. By … [OP: please insert the date – 2 years after the date of application of this Regulation], and every 2 years thereafter until 2030, the Commission shall publish on a website an analysis of:

(a)the trends in progress towards the Union 2030 reduction targets;

(b)Member States’ progress towards achieving the national 2030 reduction targets. 

2. As from … [OP: please insert the date – 4 years after the date of application of this Regulation], the Commission shall include in the analysis referred to in paragraph 1 an analysis of the information to be provided by Member States in accordance with Article 10(2), points (a), (b) and (c).

3. Following the analysis referred to in paragraph 2, the Commission may make a recommendation to a Member State to take any of the following actions:

(a)take additional measures;

(b)increase the level of ambition of any of national indicative target set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4).

4. A Member State that has received a recommendation from the Commission to take additional measures in accordance with paragraph 3 shall provide one of the following pieces of information in its subsequent annual progress and implementation report:

(a)a description of measures taken as a response to the recommendation;

(b)the reasons for not following the Commission’s recommendation.

5. A Member State that has received a recommendation from the Commission in accordance with paragraph 3, point (b), to increase the level of ambition of a national indicative target set out in Article 9(2), point (a), Article 9(3), point (a),or Article 9(4) shall take one of the following actions:

(a)change the level of the relevant target as set out in the recommendation by amending its national action plan within 6 months after receiving the recommendation;

(b)provide reasons for not following the Commission’s recommendation in its subsequent annual progress and implementation report.

6. Where, on the basis of its analysis of the annual progress and implementation reports, the Commission concludes that the progress achieved is insufficient for the collective achievement of the Union 2030 reduction targets, it shall propose measures and exercise its other powers at Union level in order to ensure the collective achievement of those targets. Such measures shall take into consideration the level of ambition of contributions to the Union 2030 reduction targets by Member States set out in the national 2030 reduction targets adopted by them.

7. By … [OP: please insert the date – 5 years from the date of application of this Regulation], the Commission shall submit a report on annual progress and implementation reports to the European Parliament and the Council.

CHAPTER IV

INTEGRATED PEST MANAGEMENT

Article 12 - Integrated pest management

1. Professional users shall apply integrated pest management as follows:

(a)by applying Article 13 where no crop-specific rules have been adopted for the relevant crop and area in accordance with Article 15 by the Member State in which they operate;

(b)by applying crop-specific rules adopted by the Member State in which they operate for the relevant crop and area in accordance with Article 15 and performing the actions set out in Article 13(8).

2. Advisors shall provide advice that is consistent with the applicable crop-specific rules and with integrated pest management.

Article 13 - Obligations of professional users and advisors related to integrated pest management

1. Professional users shall first apply measures that do not require the use of chemical plant protection products for the prevention or suppression of harmful organisms before resorting to application of chemical plant protection products.

2. A professional user’s records referred to in Article 14(1) shall demonstrate that he or she has considered all of the following options:

–crop rotation,

–use of modern cultivation techniques, including stale seedbed technique, sowing dates and densities, under-sowing, intercropping, conservation tillage, pruning and direct sowing,

–use of resistant or tolerant cultivars and high quality or certified seed and planting material,

–use of balanced fertilisation, liming and irrigation or drainage practices,

–preventing the spreading of harmful organisms by hygiene measures, including regular cleansing of machinery and equipment,

–protection and enhancement of important beneficial organisms, including beneficial plant protection measures or the utilisation of ecological infrastructures inside and outside production sites,

–pest exclusion by use of protected structures, nets and other physical barriers.

Where a professional user has not applied a measure listed in the first subparagraph of this paragraph, the records referred to in Article 14(1) shall contain reasons thereof.

3. Professional users shall monitor harmful organisms by appropriate methods and tools. Such methods and tools shall include at least one of the following:

(a)observations in the field;

(b)scientifically sound warning, forecasting and early diagnosis systems, where feasible;

(c)the use of advice from professionally qualified advisors. 

4. Professional users shall use biological controls, physical and other non-chemical methods. Professional users may only use chemical methods if they are necessary to achieve acceptable levels of harmful organism control after all other non-chemical methods as set out in paragraphs 1, 2 and 3 have been exhausted and where any of the following conditions has been satisfied:

(a)the results of monitoring of harmful organisms show, based on recorded observation, that chemical plant protection measures need to be applied in a timely manner because of the presence of a sufficiently high number of harmful organisms. 

(b)where justified by a decision-support system, or by an advisor who meets the conditions laid down in Article 23, the professional user decides, by way of a recorded decision, to use chemical plant protection products methods for preventative reasons. 

5. Professional users shall apply plant protection products that are as specific as possible to control the harmful organisms and have the least side effects on human health, non-target organisms and the environment.

6. Professional users shall keep the use of chemical plant protection products and other forms of intervention to levels that do not exceed the levels that are absolutely necessary to control the harmful organisms and that do not increase the risk for development of resistance in populations of harmful organisms. Where possible, professional users shall use the following measures:

(a)reduced rate of application;

(b)reduced number of applications; 

(c)partial applications;

(d)spot application.

7. Where the risk of resistance against a plant protection measure is known and where the level of harmful organisms requires repeated application of that measure to the crops, professional users shall apply available anti-resistance strategies to maintain the effectiveness of that measure.

Where a plant protection measure involves repeated use of plant protection products, professional users shall use plant protection products with different modes of action.

8. Professional users shall perform all of the following actions:

(a)check and document the level of success of the applied plant protection measures on the basis of the records on the use of plant protection products and other interventions, and the monitoring of harmful organisms;

(b)apply the information obtained by performing the actions referred to in point (a) as part of the decision-making process regarding future interventions.

9. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article in order to take into account technical progress and scientific developments.

Article 14 - Records of preventative measures and interventions for crop protection by professional users, and of advice on use of plant protection products

1. Where a professional user takes a preventative measure or performs an intervention, the professional user shall enter the following information in the electronic integrated pest management and plant protection product use register referred to in Article 16, which covers the area where the professional user operates:

(a)any preventative measure or intervention and the reason for that preventative measure or intervention, including the identification and assessment of pest level, where no crop-specific rules have been adopted for the relevant crop and area by the Member State in which the professional user operates; 

(b)any preventative measure or intervention and the reason for that preventative measure or intervention, including the identification and assessment of pest level, performed with a reference to measurable criteria set out in the applicable crop-specific rules where crop-specific rules have been adopted for the relevant crop and area by the Member State in which the professional user operates.

2. A professional user shall enter an electronic record in the electronic integrated pest management and plant protection product use register, referred to in Article 16 of the name of its advisor and the dates and the content of the advice received from it in accordance with Article 26(3). The professional user shall make those records available to the competent authority referred to in Article 15(2) upon request.

3. A professional user shall enter an electronic record of each application of a plant protection product under Article 67 of Regulation (EC) No 1107/2009 in the electronic integrated pest management and plant protection product use register referred to in Article 16. A professional user shall also enter an electronic record specifying whether the application was done by aerial or land-based equipment. In the case of aerial application, a professional user shall specify the type of equipment used.

4. In order to ensure a uniform structure of the entries to be made by professional users in the electronic integrated pest management and plant protection product use register in accordance with paragraphs 1, 2 and 3, the Commission may, by means of implementing acts, adopt a standard template for such entries. Any such template shall include fields for inputting records that need to be kept in accordance with Article 67 of Regulation (EC) No 1107/2009 and shall require the use of a recognisable ID. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).

Article 15 - Implementation of integrated pest management using crop-specific rules

1. Member States shall adopt agronomic requirements based on integrated pest management controls that must be adhered to when growing or storing a particular crop and are designed to ensure that chemical crop protection is only used after all other non-chemical methods have been exhausted and when a threshold for intervention is reached (‘crop-specific rules’). The crop-specific rules shall implement the principles of integrated pest management, set out in Article 13, for the relevant crop and be set out in a binding legal act.

2. Each Member State shall designate a competent authority responsible for ensuring that the crop-specific rules are scientifically robust and comply with this Article.

3. By … [OP: please insert the date = the first day in the month following 24 months after the date of entry into force of this Regulation] each Member State shall have in place effective and enforceable crop-specific rules, for crops covering an area that accounts for at least 90 % of its utilised agricultural area (excluding kitchen gardens). Member States shall determine the geographic scope of those rules taking account of relevant agronomic conditions, including, the type of soil and crops and the prevailing climatic conditions.

4. At least 9 months prior to the point in time when a crop-specific rule becomes applicable under national law, the Member State shall perform all of the following actions:

(a)publish a draft for public consultation;

(b)take into account comments received from stakeholders and members of the public on the draft in a transparent manner;

(c)submit the draft that takes into account the comments as referred to in point (b) to the Commission.

5. Where the Commission is notified of a draft in accordance with paragraph 4, point (c), it may within 6 months of receipt of the draft object to its adoption by a Member State, if it considers that the draft does not comply with the criteria set out in paragraph 6. If the Commission objects, the Member State shall refrain from adopting the draft until it has amended the text so as to remedy the shortcomings identified in the Commission’s objections. The absence of a reaction from the Commission in accordance with this paragraph to a draft crop–specific rule shall not prejudice any action or decision which might be taken by the Commission under other Union acts.

6. The crop-specific rules shall convert the requirements of integrated pest management laid down in Article 13 into verifiable criteria by, among others, specifying the following:

(a)the most economically significant harmful organisms affecting the crop;

(b)the non-chemical interventions involving cultural, physical and biological control which are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are to be made;

(c)the low-risk plant protection products or alternatives to chemical plant protection products which are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are to be made;

(d)chemical plant protection products that are not low-risk plant protection products and that are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are to be made;

(e)the quantitative criteria or conditions under which chemical plant protection products may be used after all other means of control that do not require the use of chemical plant protection products have been exhausted;

(f)the measurable criteria or conditions under which more hazardous plant protection products may be used after all other means of control that do not require the use of chemical plant protection products have been exhausted.

(g)the obligation to record observations demonstrating that the relevant threshold value has been reached.

7. Each Member State shall review its crop-specific rules annually and update them where necessary, including when it is needed to reflect changes in the availability of harmful organism control tools.

8. A Member State that is planning to update a crop-specific rule shall, at least 6 months before the update becomes applicable under national law:

(a)publish a draft of the updated rules for public consultation;

(b)take into account comments received from stakeholders and members of the public on the draft in a transparent manner;

(c)submit the draft that takes into account the comments as referred to in point (b) to the Commission.

9. Where the Commission is notified of a draft under paragraph 8, it may within 3 months of receipt of the draft object to the updating of the crop-specific rule by a Member State, if it considers that the draft does not comply with the criteria set out in paragraph 6. If the Commission objects, the Member State shall refrain from updating the crop-specific rule until it has amended the text so as to remedy the shortcomings identified in the Commission’s objections. The absence of a reaction from the Commission in accordance with this paragraph to a draft crop–specific rule shall not prejudice any action or decision which might be taken by the Commission under other Union acts.

10. A Member State with significant climatic or agronomic differences between regions, shall adopt crop-specific rules for each of those regions.

11. Each Member State shall publish all of its crop-specific rules on a single website.

12. The Commission shall publish on a website links to the websites referred to in paragraph 11 of the Member States.

13. By … [OP: please insert the date = the first day of the month following 7 years after the date of entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the adoption and enforcement of crop-specific rules in the Member States and the compliance of those rules with Article 15.

Article 16 - Electronic integrated pest management and plant protection product use register

1. Each Member State shall designate a competent authority or competent authorities to establish and maintain an electronic integrated pest management and plant protection product use register or registers.

The electronic integrated pest management and plant protection product use register or registers shall contain all of the following information for a period of at least 3 years from date of entry:

(a)any preventative measure or intervention and the reasons for that preventative measure or intervention entered in accordance with Article 14(1);

(b)the name of the advisor and dates and content of advice entered in accordance with Article 14(2);

(c)an electronic record of each application of a plant protection product under Article 67 of Regulation (EC) No 1107/2009 and a report on any aerial application carried out under Article 20, as required by Article 14(3).

2. The register(s) referred to in paragraph 1 shall be accessible to professional users so that they are able to enter the electronic records in accordance with Article 14.

3. Competent authorities referred to in paragraph 1 shall verify compliance of professional users with Article 14.

4. Competent authorities referred to in paragraph 1 shall, once a year submit to the Commission a summary and analysis of the information collected under Article 14 and of any additional data on use of plant protection products gathered in accordance with Article 67 of Regulation (EC) No 1107/2009. 

5. Competent authorities referred to in paragraph 1 shall share the data gathered under paragraph 1, points (a) and (c), of this Article with the national competent authorities in charge of the implementation of Directives 2000/60/EC and (EU) 2020/2184 for cross-linking that data, in anonymised form, with environmental, groundwater and water quality monitoring data, to enhance the identification, measuring and reduction of risks from the use of plant protection products.

6. Competent authorities referred to in paragraph 1 shall ensure access to the register(s) referred to in paragraph 1 to national statistical authorities for the development, production and dissemination of official statistics.

7. In order to ensure a uniform structure of the summary and analysis referred to in paragraph 4, the Commission may, by means of implementing acts, adopt a standard template for such summary and analysis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).

CHAPTER V

USE, STORAGE AND DISPOSAL OF PLANT PROTECTION PRODUCTS

Article 17 - General requirements for the use of plant protection products for professional use and of application equipment in professional use

1. A plant protection product authorised for professional use may only be used by a professional user who: 

(a)has been issued with a training certificate for following courses for professional users 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), and 

(b)uses the services of an independent advisor in accordance with Article 26(3).

2. More hazardous plant protection products may only be used and purchased by professional users. 

3. Application equipment in professional use may only be used by professional users that hold a training certificate issued to them for following courses for professional users in accordance with Article 25 or have a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).

4. Within 3 years starting from date of first purchase, and every 3 years thereafter, a professional user shall submit his or her application equipment in professional use for inspection pursuant to Article 31. Where 3 years have passed from the date of first purchase of application equipment in professional use, a professional user may only use it for the application of plant protection products, if that equipment meets any of the following conditions:

(a)the equipment has successfully passed inspection and the results have been recorded in the electronic register of application equipment in professional use in accordance with Article 31(6);

(b)a derogation under Article 32(1), or Article 32(3) applies to that equipment.

At the time of submitting the equipment for inspection, the owner of the equipment or his or her representative shall provide to the competent authority or body carrying out the inspection, the information necessary for the competent authority to comply with its record-keeping obligations pursuant to Article 30(1), point (b).

5. A professional user shall inspect and operate application equipment in accordance with the manufacturer’s manual of instructions.

Article 18 - Use of plant protection products in sensitive areas

1. The use of all plant protection products is prohibited in all sensitive areas and within 3 metres of such areas. This 3 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques.

2. Member States may establish larger mandatory buffer zones adjacent to sensitive areas.

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 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:

(a)a proven serious and exceptional risk of the spread of quarantine pests or invasive alien species exists;

(b)there is no technically feasible lower risk alternative control technique to contain the spread of quarantine pests or invasive alien species.

4. An application by a professional user for a permit for the use of a plant protection product in a sensitive area shall include the information necessary to demonstrate that the conditions set out in paragraph 3 are met.

5. The competent authority referred to in paragraph 3 shall decide on the application for a permit for the use of a plant protection product within 2 weeks of its submission.

6. The permit to use a plant protection product in a sensitive area shall indicate all of the following:

(a)the conditions for limited and controlled use by the applicant;

(b)the obligation to display notices regarding use of plant protection products on the perimeter of the area to be treated, and any specific form such display is to take;

(c)risk mitigation measures;

(d)the duration of validity of the permit.

7. A professional user that has been granted a permit to use a plant protection product in a sensitive area shall display notices to that regard on the perimeter of the area to be treated in the form indicated in the permit.

8. Where a permit for use of a plant protection product in a sensitive area is granted, before the first day of its validity, the competent authority referred to in paragraph 3 shall make publicly available the following information:

(a)the location of the use;

(b)the evidence for the exceptional circumstances justifying the application of a plant protection product;

(c)the start and end date of the approval period of the permit, which shall not exceed 60 consecutive days;

(d)the relevant weather conditions allowing a safe application;

(e)the name of the plant protection product or products;

(f)the application equipment to be used and the risk mitigation measures to be taken.

Article 19 - Measures to protect the aquatic environment and drinking water

1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques.

2. Member States may establish larger mandatory buffer zones adjacent to surface waters.

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 achieve, at least, the objectives set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC, 2008/56/EC and (EU) 2020/2184.

Article 20 - Aerial application of plant protection products

1. Aerial application is prohibited.

2. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit aerial application by a professional user in any of the following situations:

(a)there is no technically feasible alternative application method to the aerial application due to inaccessible terrain;

(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 pests increases due to the longer time period required for land-based deployment or because it minimizes soil erosion when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met:

(i)the application equipment installed on the aircraft is registered in the electronic register of application equipment in professional use referred to in Article 33(1);

(ii)the aircraft is equipped with accessories that constitute the best available technology to accurately apply the plant protection products and to reduce spray drift;

(iii)the plant protection product is authorised for use via aerial application under Regulation (EC) No 1107/2009.

3. An application by a professional user for a permit for aerial application shall include the information necessary to demonstrate that the conditions set out in paragraph 2 are met.

4. Where a permit for aerial application is granted, before the first possible date of aerial application, the competent authority referred to in paragraph 2 shall make public the following information:

(a)the location and surface area of the aerial application indicated on a map;

(b)the validity period of the permit for aerial application, which shall be for a limited period with a precisely defined start and end date that is the shortest possible and shall not exceed 60 days;

(c)the relevant weather conditions allowing a safe application;

(d)the name of the plant protection product or products;

(e)the application equipment to be used and the risk mitigation measures to be taken.

5. A professional user that has been granted a permit for aerial application shall at least 2 days before the date of each specific aerial application display notices to that effect on the perimeter of the area to be treated.

Article 21 - Use of plant protection products in aerial application by certain categories of unmanned aircraft

1. Where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member State may exempt aerial application by such unmanned aircraft from the prohibition laid down in Article 20(1) prior to any aerial application of plant protection products.

2. An aerial application by an unmanned aircraft may be exempted by the Member State from the prohibition laid down in Article 20(1) 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:

(a)the technical specifications of the unmanned aircraft, including in relation to spray drift, number and size of rotors, payload, boom width and overall weight, operating height and speed;

(b)the weather conditions, including wind speed;

(c)the area to be sprayed, including its topography;

(d)the availability of plant protection products authorized for use as ultra-low volume formulations in the relevant Member State;

(e)potential use of unmanned aircraft in conjunction with real time kinematic precision farming in certain cases;

(f)the level of training required for pilots operating an unmanned aircraft;

(g)potential concurrent use of multiple unmanned aircraft in the same area.

3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteria.

Article 22 - Storage, disposal and handling

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 solutions containing plant protection products and any packaging. 

2. As regards professional users, the measures referred to in paragraph 1 shall include detailed requirements on:

(a)safe storage and handling of plant protection products, and their dilution and mixing before application;

(b)handling of packaging and remnants of plant protection products;

(c)cleaning of the equipment used after application;

(d)disposal of obsolete plant protection products and remnants and their packaging. 

3. Member States shall take all necessary measures  regarding plant protection products authorised for non-professional users to prevent and, where prevention is not possible, to limit dangerous handling operations. Those measures may include measures relating to size limits for packaging or containers. Those measures may provide that non-professional users may only use low-risk plant protection products and other plant protection products that are in the form of ready to use formulations and measures for the use of safe closure or a locking device for packaging or containers.

4. 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.

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.

Article 23 - Advice on the use of plant protection products

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).

CHAPTER VI

SALE OF PLANT PROTECTION PRODUCTS

Article 24 - Requirements for the sale of plant protection products

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).

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 central electronic register for following such courses in accordance with Article 25(5).

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.

4. A distributor shall provide general information to non-professional users on the risks to human health and the environment 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 Council 86 , and shall recommend alternative low-risk plant protection products and ways in which risks can be mitigated when using plant protection products. 

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.

6. The distributor referred to in paragraph 5 shall 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.

CHAPTER VII

TRAINING, INFORMATION AND AWARENESS RAISING

Article 25 - Training and Certification

1. A competent authority designated in accordance with paragraph 2 shall appoint one or more bodies to provide the following training:

(a)initial and follow up training to professional users and distributors on the subjects listed in Annex III;

(b)practical training for professional users on the use of application equipment in professional use;

(c)extensive training for advisors on the subjects listed in Annex III with particular emphasis on the application of integrated pest management.

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. 

3. The training referred to in paragraph 1 could form part of the training interventions set up by Member States according to Article 78 of Regulation (EU) No 2021/2115.

4. A training certificate or an entry in a central electronic register shall contain the following information:

(a)the name of the professional user, distributor or advisor to whom the training was provided;

(b)the employer of the professional user, distributor or advisor to whom the training was provided, where that employer is a legal person or a natural person in its professional capacity;

(c)the type of training provided, where a Member State provides different types of training to different categories of professional users, distributors or advisors;

(d)the date on which sufficient knowledge of the relevant subjects listed in Annex III was demonstrated;

(e)the name of the body that provided the training; 

(f)the number of hours of training;

(g)the validity period of the training certificate or entry in the central electronic register.

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.

6. A training certificate or an entry in a central electronic register shall be valid for 10 years in the case of a distributor or professional user and for 5 years in the case of an advisor.

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). 

8. Notwithstanding paragraph 6, a training certificate may be issued to a person who can demonstrate prior training through formal qualifications that demonstrate a more extensive knowledge of the subjects listed in Annex III than would be received in the training referred to in paragraph 1.

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 electronic register if it was incorrectly introduced.

10. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending Annex III in order to take into account technical progress and scientific developments.

Article 26 - Independent advisory system

1. 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. 

2. The competent authority referred to in paragraph 1 shall ensure that any advisor registered in the system referred to in that paragraph (‘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.

3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4. 

4. An advisor referred to in paragraph 3 shall provide strategic advice on the following subjects:

(a)application of relevant control techniques to prevent harmful organisms;

(b)implementation of integrated pest management;

(c)precision farming techniques, including use of space data and services;

(d)use of non-chemical methods;

(e)where chemical plant protection products are necessary, measures 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.

Article 27 - Information and awareness raising

1. Each Member State shall designate a competent authority to provide information to the public, in particular through awareness-raising programmes, in relation to the risks associated with the use of plant protection products.

2. The competent authority referred to in paragraph 1 shall establish a website or websites dedicated to providing information 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.

3. Websites established in accordance with paragraph 2 shall include information on the following subjects:

(a)the potential risks to human health and the environment through acute or chronic effects relating to the  use of plant protection products;

(b)the manner in which the potential risks referred to in point (a) can be mitigated;

(c)alternatives to chemical plant protection products;

(d)the procedure for approval of active substances and authorisation of plant protection products;

(e)permits granted under Article 18 or Article 20;

(f)a link to the website referred to in Article 7;

(g)the rights of third parties to request access to information on the use of plant protection products by addressing the relevant competent authority in accordance with Article 67(1) of Regulation (EC) No 1107/2009.

Article 28 - Information on acute and chronic poisoning

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 to plant protection products:

(a)the name and authorisation number of the plant protection product and the active substances involved in the acute or chronic poisoning incident;

(b)the number of individuals poisoned;

(c)the symptoms of poisoning;

(d)the duration and severity of the symptoms;

(e)whether a confirmed acute or chronic poisoning incident resulted from:

(i)correct use of a plant protection product;

(ii)misuse of a plant protection product;

(iii)use of a plant protection product that has not been authorised; or

(iv)deliberate ingestion or exposure.

2. By 31 August every year, each Member State shall submit to the Commission a report containing the following information:

(a)the number of acute and chronic poisoning incidents arising from exposure of persons to plant protection products during the preceding calendar year;

(b)the information referred to in paragraph 1 as regards each poisoning incident.

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).

CHAPTER VIII

APPLICATION EQUIPMENT

Article 29 - Electronic register of application equipment in professional use 

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). 

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).

3. If application equipment in professional use is withdrawn from use and is not intended to be used again, its owner shall, within 30 days after the withdrawal from use, enter the fact that the equipment has been withdrawn from use in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V.

4. If application equipment in professional use is returned to use, its owner shall, within 30 days after the return to use, enter that fact in the electronic register of application equipment in professional use referred to in Article 33 using the form set out in Annex V.

5. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending Annex V in order to take into account technical progress and scientific developments. 

Article 30 - Collection of information and controls

1. Each Member State shall designate one or more competent authorities to:

(a)establish and maintain a central electronic register to record information on all application equipment in professional use in the Member State;

(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;  

(c)inspect, or oversee the inspection of, application equipment in accordance with Article 31(1), (2), (3) and (6);

(d)issue, or oversee the issuing of, certificates of inspection in accordance with Article 31(7).

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.

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.

3. Commission experts shall perform controls, including audits, in each Member State to verify the application of the rules relating to application equipment laid down in this Regulation. The experts may investigate and collect information on official controls and enforcement practices in the area of application equipment.

4. The Commission shall:

(a)prepare a draft report on the findings and on recommendations addressing the shortcomings identified by its experts during these controls;

(b)send to the Member State where those controls have been performed a copy of the draft report referred to in point (a) for its comments;

(c)take the comments of the Member State referred to in point (b) into account in preparing the final report on the findings of the controls performed by its experts in the Member States as provided for in this Article;

(d)make publicly available the final report referred to in point (c) and the comments of the Member States referred to in point (b).

Article 31 - Inspection of application equipment in professional use

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.

2. The inspection referred to in paragraph 1 shall verify whether the application equipment in professional use complies with the requirements set out in Annex IV.

3. The inspection shall be carried out at a location where the risk of pollution and water contamination can be avoided. The influence of external conditions on the reproducibility of the results of the inspection, such as effects of wind and rain, shall be minimised by the authority or body carrying out the inspection.

4. All equipment necessary for an inspection and used by the inspector for testing the application equipment shall be accurate, in good condition and checked and, where necessary, calibrated at regular intervals.

5. The owner of the application equipment in professional use shall ensure that the application equipment is clean and safe before the inspection starts.

6. The results of each inspection for which application equipment in professional use passes the test shall be recorded by the competent authority referred to in Article 30 in the central electronic register of application equipment in professional use referred to in Article 33. 

7. A certificate of inspection shall be:

(a)issued by the competent authority referred to in Article 30 to the owner of application equipment in professional use where that equipment complies with the requirements listed in Annex IV; and

(b)recorded by that competent authority in the central electronic register of application equipment in professional use referred to in Article 33.

8. A record as referred to in paragraph 6 shall be valid for three years unless the Member State provides for a different inspection interval pursuant to Article 32.

9. Each Member State shall recognise a certificate as referred to in paragraph 7 or a record as referred to in paragraph 6 for application equipment in professional use registered in another Member State.

10. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex IV in order to take into account technical progress and scientific developments. 

11. Application equipment in professional use inspected in compliance with harmonised inspection standards developed in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council 87 shall be presumed to comply with the requirements listed in Annex IV.

Article 32 - Member State derogations regarding inspection of application equipment in professional use

1. A Member State may, after carrying out the risk assessment referred to in paragraph 2, lay down less stringent inspection requirements and provide for different inspection intervals than those set out in Article 31 to application equipment in professional use which represents a very low scale of use estimated by way of the risk assessment referred to in paragraph 2 and which is listed in the national action plan referred to in Article 8.

This paragraph shall not apply to the following application equipment in professional use:

(a)spraying equipment mounted on trains or aircraft;

(b)horizontal boom sprayers which are larger than 3 m, including sprayers that are mounted on sowing equipment which is larger than 3 m wide;

(c)vertical sprayer or orchard blast sprayer.

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.  

3. A Member State may exempt from inspection referred to in Article 31 handheld application equipment or knapsack sprayers, in professional use, based on a risk assessment on their potential impact on human health and the environment, which shall include an estimation of the scale of use. The competent authority referred to in Article 30 shall maintain a copy of the risk assessment for control by the Commission. 

4. Application equipment in professional use that has been exempted from inspection in accordance with paragraph 3 shall not be subject to the requirement to make an entry in the electronic register referred to in Article 29 or the registration requirements referred to in Article 33.

Article 33 - Electronic register of application equipment in professional use

1. Each competent authority designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record:

(a)information entered by third parties pursuant to Article 20(2), point (b)(i), and Article 29; 

(b)records of inspections and certificates as set out in Article 31(6) and (7)(b); 

(c)other information as set out in paragraph 2 on application equipment in professional use in its Member State that has not been exempted from inspection under Article 32(3).

2. The competent authorities referred to in Article 30 shall, at the time of inspection, record the following information:

(a)the name of the body carrying out the inspections;

(b)the unique ID of the application equipment, if available;

(c)the date of manufacture, if available;

(d)the name and address of the current owner;

(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 years;

(f)the tank size;

(g)the width of the horizontal spray boom, if applicable;

(h)the nozzle type(s) present on the application equipment at the time of inspection;

(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;

(j)for equipment older than three years, the date of each inspection carried out in accordance with Article 31;

(k)whether the application equipment passed or failed each inspection carried out under Article 31;

(l)the reasons for any failed inspection. 

3. Where application equipment does not bear a unique ID as referred to in paragraph 2, point (b), the competent authorities referred to in Article 30 shall supply a unique ID.

CHAPTER IX

METHODOLOGY FOR CALCULATING REDUCTION TARGETS AND HARMONISED RISK INDICATORS

Article 34 - Methodology for calculating progress towards achieving the two national and two Union 2030 reduction targets

1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets 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.

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 targets annually until and including 2030 and publish those results on the website referred to in Article 7.

Article 35 - Methodology for calculating harmonised risk indicators 1, 2 and 2a

1. The methodology for calculating progress in relation to harmonised risk indicators 1, 2 and 2a, at both Union and Member State level, is laid down in Annex VI. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.

2. Using the methodology set out in Annex VI, the Commission shall calculate the results of harmonised risk indicators 1, 2 and 2a annually at Union level and shall publish the results of its calculation on the website referred to in Article 7.

3. Using the methodology set out in Annex VI, each Member State shall calculate the results of harmonised risk indicators 1, 2 and 2a on an annual basis at national level. 

4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).

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 to be used in formulating new and modifying existing harmonised risk indicators in accordance with paragraph 4.

6. Taking into account the results of the evaluation provided for in paragraph 5 and no later than 18 months after the publication of the statistics on the use of plant protection products in agriculture for the first reference period as referred to in Article 9 of Regulation xxx/xxx [reference to adopted act to be inserted], the Commission shall, if it considers it appropriate, establish new harmonised risk indicators or modify the existing ones on the basis of statistical data related to the use of plant protection products in accordance with paragraph 4 of this Article.

Article 36 - Member State evaluation of progress calculations and harmonised risk indicators

1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national 2030 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.

2. Evaluations of the harmonised risk indicators at Member State level referred to in Article 35 shall:

(a)identify five active substances influencing the result most significantly;

(b)specify the crops or situations and the target pests on which the active substances referred to in point (a) are used;

(c)specify available non-chemical methods to combat those pests;

(d)summarise the actions taken to reduce the use and risk of the active substances referred to in point (a) and any barriers to the adoption of alternative pest controls.

3. Member States shall communicate the results of the calculations of harmonised risk indicators at Member State level, as specified in Annex VI, and the associated evaluations carried out pursuant to this Article to the Commission and to the other Member States and shall publish this information and other national indicators or quantifiable objectives referred to in paragraph 4 on the websites referred to in Article 27(2).

4. Further to harmonised risk indicators specified in Annex VI and the data specified in Annex II, Member States may additionally continue to use existing, or to develop additional, national indicators or quantifiable objectives, and other data collected at a national or regional level, including future data on the use of plant protection products, that relates to the indicators and targets referred to in paragraphs 1 and 2.

CHAPTER X

ADMINISTRATIVE AND FINANCIAL PROVISIONS

Article 37 - Information on designated competent authorities

By … [OP: please insert the date = the first day of the month following six months after the date of entry into force of this Regulation], each Member State shall inform the Commission of the competent authorities designated in accordance with this Regulation.

Article 38 - Penalties

Member States shall 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.

Article 39 - Fees and charges

Member States may recover the costs related to carrying out their obligations under this Regulation by means of fees or charges.

CHAPTER XI

DELEGATED POWERS AND COMMITTEE PROCEDURE

Article 40 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 10(6), 13(9), 21(3), 25(10), 29(5), 31(10) and 35(4) shall be conferred on the Commission for an indeterminate period. 

3. The delegation of power referred to in Articles 10(6), 13(9), 21(3), 25(10), 29(5), 31(10) and 35(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 10(6), 13(9), 21(3), 25(10), 29(5), 31(10) and 35(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 41 - Committee procedure

1. The Commission shall be assisted by the Standing Committee on Plants, Animals, Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council 88 . That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

CHAPTER XII

TRANSITIONAL AND FINAL PROVISIONS

Article 42 - Commission evaluation

1. By … [OP: please insert the date = four years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation based on the following:

(a)the trends in progress and other quantitative data provided in annual progress and implementation reports in accordance with Article 10(2);

(b)the analysis of the annual trends and data published by the Commission every two years in accordance with Article 11;

(c)the report on annual progress and implementation reports previously submitted by the Commission to the European Parliament and Council in accordance with Article 11(7) ;

(d)any other information necessary for the preparation of the evaluation.

Member States shall provide the Commission with the information necessary for the preparation of that evaluation.

2. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions.

Article 43 - Amendments to Regulation (EU) 2021/2115

Regulation (EU) 2021/2115 is amended as follows:

(1) in Article 31(5), the following subparagraph is added:

‘By way of derogation from points (a) and (b) of the first subparagraph of this paragraph, where in accordance with Regulation (EU) …/… of the European Parliament and of the Council* 89+ requirements are imposed on farmers, support may be granted to comply with those requirements for a maximum period ending on the later one of the two dates – … [OP: insert the date = 5 years from the date of entry into force of this Regulation] or 5 years from the date on which they become mandatory for the holding.


* Regulation (EU)…/… of the European Parliament and of the Council … on the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 (OJ …).’;


(2) In Article 70(3), the following subparagraph is added:

‘By way of derogation from points (a) and (b) of the first subparagraph of this paragraph, where in accordance with Regulation (EU) …/… 90++ requirements are imposed on beneficiaries, support may be granted to comply with those requirements for a maximum period ending on the later one of the two dates – … [OP: insert the date = 5 years from the date of entry into force of this Regulation] or 5 years from the date on which they become mandatory for the holding.’;

(3) in Article 73(5), the following subparagraph is added:

‘By way of derogation from the first subparagraph of this paragraph, where in accordance with Regulation (EU) …/… ++ requirements are imposed on farmers, support may be granted to comply with those requirements for a maximum period ending on the later one of the two dates –… [OP: insert the date = 5 years from the date of entry into force of this Regulation] or 5 years from the date on which they become mandatory for the holding. ’.

Article 44 - Repeal of Directive 2009/128/EC

1. Directive 2009/128/EC is repealed.

2. References to Directive 2009/128/EC shall be construed as references to this Regulation and read in accordance with the correlation table set out in Annex VII.

Article 45 - Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from … [OP: please insert the date = the first day of the month following … months after the date of entry into force of this Regulation].

However, Article 21 shall apply from [OP: please insert the date = 3 years after the date of entry into force of this Regulation].

This Regulation shall be binding in its entirety and directly applicable in all Member States.