Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application (Text with EEA relevance)
Date: 2009-10-21

num: Article 1
title: Amendments to Directive 2006/42/EC
paragraphs: Directive 2006/42/EC is hereby amended as follows:
1.
in the second paragraph of Article 2, the following point shall be added:
‘(m)
“essential health and safety requirements” means mandatory provisions relating to the design and construction of the products subject to this Directive to ensure a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, where applicable, of the environment.
The essential health and safety requirements are set out in Annex I. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4 of that Annex.’;
2.
Article 4(1) shall be replaced by the following:
‘1. Member States shall take all appropriate measures to ensure that machinery may be placed on the market and/or put into service only if it satisfies the relevant provisions of this Directive and does not endanger the health and safety of persons and, where appropriate, domestic animals and property and, where applicable, the environment, when properly installed and maintained and used for its intended purpose or under reasonably foreseeable conditions.’;
3.
in Article 9(3), the first subparagraph shall be replaced by the following:
‘In the cases referred to in paragraph 1, the Commission shall consult the Member States and other interested parties, indicating the measures it intends to take in order to ensure, at Community level, a high level of protection of the health and safety of persons and, where appropriate, of domestic animals and property and, where applicable, of the environment.’;
4.
Article 11(1) shall be replaced by the following:
‘1. Where a Member State ascertains that machinery covered by this Directive, bearing the CE marking, accompanied by the EC declaration of conformity and used in accordance with its intended purpose or under reasonably foreseeable conditions, is liable to endanger the health or safety of persons or, where appropriate, domestic animals or property or, where applicable, the environment, it shall take all appropriate measures to withdraw such machinery from the market, to prohibit the placing on the market and/or putting into service of such machinery or to restrict the free movement thereof.’;
5.
Annex I shall be amended as follows:
(a)
in the General Principles, point 4 shall be replaced by the following:
‘4.
This Annex is organised in several parts. The first one is of general scope and applicable to all kinds of machinery. The other parts refer to certain kinds of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. Essential health and safety requirements for the protection of the environment are applicable only to the machinery referred to in section 2.4.’;
(b)
Chapter 2 shall be amended as follows:
(i)
the first paragraph shall be replaced by the following:
‘Foodstuffs machinery, machinery for cosmetics or pharmaceutical products, hand-held and/or hand-guided machinery, portable fixing and other impact machinery, machinery for working wood and material with similar physical characteristics and machinery for pesticide application must meet all the essential health and safety requirements set out in this chapter (see General Principles, point 4).’;
(ii)
the following Section shall be added:
‘2.4. MACHINERY FOR PESTICIDE APPLICATION
2.4.1. 
Definition
“Machinery for pesticide application” means machinery specifically intended for the application of plant protection products within the meaning of Article 2(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (6).
2.4.2. 
General
The manufacturer of machinery for pesticide application or his authorised representative must ensure that an assessment is carried out of the risks of unintended exposure of the environment to pesticides, in accordance with the process of risk assessment and risk reduction referred to in the General Principles, point 1.
Machinery for pesticide application must be designed and constructed taking into account the results of the risk assessment referred to in the first paragraph so that the machinery can be operated, adjusted and maintained without unintended exposure of the environment to pesticides.
Leakage must be prevented at all times.
2.4.3. 
Controls and monitoring
It must be possible to easily and accurately control, monitor and immediately stop the pesticide application from the operating positions.
2.4.4. 
Filling and emptying
The machinery must be designed and constructed to facilitate precise filling with the necessary quantity of pesticide and to ensure easy and complete emptying, while preventing spillage of pesticide and avoiding the contamination of the water source during such operations.
2.4.5. 
Application of pesticides
2.4.5.1. Application rate
The machinery must be fitted with means of adjusting the application rate easily, accurately and reliably.
2.4.5.2. Distribution, deposition and drift of pesticide
The machinery must be designed and constructed to ensure that pesticide is deposited on target areas, to minimise losses to other areas and to prevent drift of pesticide to the environment. Where appropriate, an even distribution and homogeneous deposition must be ensured.
2.4.5.3. Tests
In order to verify that the relevant parts of the machinery comply with the requirements set out in sections 2.4.5.1 and 2.4.5.2 the manufacturer or his authorised representative must, for each type of machinery concerned, perform appropriate tests, or have such tests performed.
2.4.5.4. Losses during stoppage
The machinery must be designed and constructed to prevent losses while the pesticide application function is stopped.
2.4.6. 
Maintenance
2.4.6.1. Cleaning
The machinery must be designed and constructed to allow its easy and thorough cleaning without contamination of the environment.
2.4.6.2. Servicing
The machinery must be designed and constructed to facilitate the changing of worn parts without contamination of the environment.
2.4.7. 
Inspections
It must be possible to easily connect the necessary measuring instruments to the machinery to check the correct functioning of the machinery.
2.4.8. 
Marking of nozzles, strainers and filters
Nozzles, strainers and filters must be marked so that their type and size can be clearly identified.
2.4.9. 
Indication of pesticide in use
Where appropriate, the machinery must be fitted with a specific mounting on which the operator can place the name of the pesticide in use.
2.4.10. 
Instructions
The instructions must provide the following information:
(a)
precautions to be taken during mixing, loading, application, emptying, cleaning, servicing and transport operations in order to avoid contamination of the environment;
(b)
detailed conditions of use for the different operating environments envisaged, including the corresponding preparation and adjustments required to ensure the deposition of pesticide on target areas while minimising losses to other areas, to prevent drift to the environment and, where appropriate, to ensure an even distribution and homogeneous deposition of pesticide;
(c)
the range of types and sizes of nozzles, strainers and filters that can be used with the machinery;
(d)
the frequency of checks and the criteria and method for the replacement of parts subject to wear that affect the correct functioning of the machinery, such as nozzles, strainers and filters;
(e)
specification of calibration, daily maintenance, winter preparation and other checks necessary to ensure the correct functioning of the machinery;
(f)
types of pesticides that may cause incorrect functioning of the machinery;
(g)
an indication that the operator should keep updated the name of the pesticide in use on the specific mounting referred to in section 2.4.9;
(h)
the connexion and use of any special equipment or accessories, and the necessary precautions to be taken;
(i)
an indication that the machinery may be subject to national requirements for regular inspection by designated bodies, as provided for in Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (7);
(j)
the features of the machinery which must be inspected to ensure its correct functioning;
(k)
instructions for connecting the necessary measuring instruments.
num: Article 2
title: Transposition
paragraphs: 1. Member States shall adopt and publish the provisions necessary to comply with this Directive by 15 June 2011 at the latest. They shall forthwith inform the Commission thereof.
They shall apply those provisions from 15 December 2011.
When those provisions are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
num: Article 3
title: Entry into force
paragraphs: This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.