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2454 final report.pdf - Agra CEAS Consulting

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Evaluation of the Community Plant Health Regime: Final Report<br />

DG SANCO Evaluation Framework Contract Lot 3 (Food Chain)<br />

3.12.4 Coherence with PPP legislation<br />

The coherence with the current policy of plant protection products (PPPs), as laid down in<br />

Directive 91/414 246 , was also examined.<br />

The PPP legislation has been largely reviewed in 2009 and will soon be repealed and replaced<br />

by a new set of regulations, as follows:<br />

Regulation (EC) 1107/2009 247 describing the conditions for placing PPPs on the market;<br />

Framework Directive 2009/128/EC establishing a framework for Community action to<br />

achieve the sustainable use of pesticides 248 .<br />

The Regulation sets up the rules for the approval of active substances and commercial<br />

products, while the framework Directive defines how to ensure the correct use of these<br />

approved PPPs. The 'pesticides package' is to be completed with further legislation on this<br />

issue.<br />

The new package introduces fundamental changes in the manner in which pesticides are<br />

placed on the market and used in European agriculture. The Regulation lays down that active<br />

substances meeting specific criteria in relation to toxicity and to environmental behaviour are<br />

excluded from an assessment and will not be approved. However, at the same time specific<br />

derogations are foreseen to control serious dangers to plant health, which will allow the<br />

approval of substances not meeting some the criteria under strict conditions, or, in emergency<br />

situations the limited use of non-authorised products. The new regulation has also a number of<br />

provisions which will allow a faster market access for plant protection products: it sets clear<br />

deadlines in the approval process and it introduces a system of obligatory mutual recognition<br />

of authorisations of PPP within defined zones in the EU (in total 3 zones). The Directive<br />

demands that MS adopt National Action Plans to set "quantitative objectives, targets,<br />

measures and timetables to reduce risks and impacts of pesticide use on human health and the<br />

environment". Furthermore, MS must "encourage the development of Integrated Pest<br />

Management (IPM) and of alternative approaches or techniques in order to reduce<br />

dependency on the use of pesticides" 249 .<br />

Both the Regulation and the Framework Directive aim to take into account potential<br />

phytosanitary problems and therefore specifically allow for derogations for certain measures.<br />

The derogations aim at ensuring e.g. a better supply of PPPs for so-called minor crops and at<br />

allowing the use of PPPs in case of serious danger for plant health.<br />

According to the general survey results, a minority of MS and of stakeholders considers that<br />

the CPHR overlaps with the PPP legislation and that such overlapping could be a source of<br />

conflict/inconsistency.<br />

246 Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the<br />

market.<br />

247 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009<br />

concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC<br />

and 91/414/EEC. This regulation will be applicable as of 14 June 2011.<br />

248 The Directive entered into force 25 November 2009.<br />

249 IPM becomes obligatory as of 1 January 2014.<br />

Food Chain Evaluation Consortium 259

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