Statistics on plant protection products ***I

P6_TA(2008)0091

European Parliament legislative resolution of 12 March 2008 on the proposal for a regulation of the European Parliament and of the Council concerning statistics on plant protection products (COM(2006)0778 — C6-0457/2006 — 2006/0258(COD))

(2009/C 66 E/32)

(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0778),

having regard to Articles 251(2) and 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0457/2006),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A6-0004/2008),

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

Instructs its President to forward its position to the Council and the Commission.

P6_TC1-COD(2006)0258

Position of the European Parliament adopted at first reading on 12 March 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council concerning statistics on pesticides

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

Having regard to the proposal from the Commission ,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (4) recognised that the impact of pesticides on human health and the environment, in particular from pesticides used in agriculture, must be reduced further. It underlined the need to achieve more sustainable use of pesticides and called for a significant overall reduction of risks and the use of pesticides consistent with the necessary crop protection.

(2) In its Communication to the Council, the European Parliament and the European Economic and Social Committee entitled ‘Towards a Thematic Strategy on the Sustainable Use of Pesticides’ , the Commission recognised the need for detailed, harmonised and up-to-date statistics on sales and use of pesticides at Community level. Such statistics are necessary for assessing policies of the European Union on sustainable development and for calculating relevant indicators on the risks for health and the environment related to pesticide use.

(3) Harmonised and comparable Community statistics on pesticide production, imports, exports, sales , distribution and use are essential for the development and monitoring of Community legislation and policies in the context of the Thematic Strategy on the Sustainable Use of Pesticides.

(4) Since the effects of the relatively new Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market ( 5 ) will not become apparent until well after 2006, when the first evaluation of active substances for use in biocidal products will be finalised, neither the Commission nor most Member States currently have sufficient knowledge or experience to propose further measures regarding biocides. This Regulation should thus be limited to pesticides covered by Regulation (EC) No […] of the European Parliament and of the Council of … concerning the placing of plant protection products on the market ( 6 ), for which a large experience already exists on data collection. Where appropriate, the Commission should however include in Annex III of this Regulation the use of biocidal products containing substances also covered by Regulation (EC) No …/… [concerning the placing of plant protection products on the market]. At a later stage, when sufficient experience has been gained after the publication of the first report foreseen in Directive 98/8/EC, the Commission should extend the scope of this Regulation to cover the use of relevant biocides and to this end include these substances in Annex III.

(5) The experience of the Commission in collecting data on sales and use of pesticides over many years has demonstrated the need to have a harmonised methodology for collecting statistics at Community level both from the distribution chain and from users. Moreover, in view of the aim of calculating accurate risk indicators according to the objectives of the Thematic Strategy on the Sustainable Use of Pesticides, statistics need to be detailed up to the level of the active substances.

(6) Among the different data collection options evaluated in the impact assessment of the Thematic Strategy on the Sustainable Use of Pesticides, mandatory data collection was recommended as the best option because it would allow the development of accurate and reliable data on the production, distribution and use of pesticides quickly and cost-efficiently.

(7) The measures for the production of statistics provided for in this Regulation are necessary for the performance of the activities of the Community. Since the objective of this Regulation, namely establishing a framework for the production of Community statistics on the placing on the market and use of pesticides , cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(8) Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (7) constitutes the reference framework for the provisions of this Regulation. In particular, it requires conformity to standards of impartiality, reliability, objectivity, scientific independence, accuracy, cost-effectiveness and statistical confidentiality.

(9) Taking due account of the obligations under the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (Aarhus Convention), the necessary protection of confidentiality on data of commercial value needs to be assured, among other means, by an appropriate aggregation when publishing statistics.

(10) To guarantee comparable results, statistics on pesticides should be produced in accordance with a specified breakdown, in an appropriate form and within a fixed period of time from the end of a reference year as defined in the Annexes of this Regulation.

(11) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8).

(12) In particular, the Commission should be empowered to determine quality evaluation criteria, adopt specific definitions and adapt the Annexes . Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(13) The Statistical Programme Committee (SPC), established by Council Decision 89/382/EEC, Euratom (9), has been consulted,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter , scope and objectives

1. This Regulation establishes a framework for the production of Community statistics on the production, placing on the market and use of pesticides .

2. The statistics shall apply to:

— the annual amounts of pesticides produced and placed on the market according to Annex I;

— the annual amounts of pesticides used according to Annex II;

— the annual amounts of biocidal products used belonging to product types 14 to 19 as defined in Annex V to Directive 98/8/EC.

3. The statistics shall, in particular, serve the following purposes:

— implementation and evaluation of the Thematic Strategy on the Sustainable Use of Pesticides,

— development of harmonised national and Community risk indicators, identification of trends in the use of pesticides and assessment of the effectiveness of national action plans in accordance with Directive …/…/EC of the European Parliament and of the Council of … establishing a framework for Community action to achieve the sustainable use of pesticides (6) ,

— recording of substance flows at the stages of production of, trade in, and use of pesticides.

Article 2

Definitions

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

(a) ‘pesticides’ means : — plant protection products as defined in Article [2(1)] of Regulation (EC) No …/… [concerning the placing of plant protection products on the market]; — biocidal products as defined in Directive 98/8/EC belonging to product types 14 to 19 as defined in Annex V thereto;

(b) ‘substance’ means substance as defined in Article [3(2)] of Regulation (EC) No …/… [concerning the placing of plant protection products on the market], including active substances, safeners and synergists;

(c) ‘placing on the market’ means placing on the market as defined in Article [3(13)] of Regulation (EC) No …/… [concerning the placing of plant protection products on the market];

(d) ‘supplier’ means any natural or legal person who owns an ‘authorization’ for the placing on the market of pesticides as defined in Article [3(16)] of Regulation (EC) No …/… [concerning the placing of plant protection products on the market];

(e) ‘agricultural use’ means any type of application of a pesticide for one's own use or for a third party, associated directly or indirectly with the production of plant products in the context of the economic activity of the agricultural holding;

(f) ‘professional user’ means any natural or legal person who carries out the use of pesticides in the framework of his professional activity, including operators, technicians, employers, self-employed people in the farming or the non-farming sector as defined in Article [3] of Directive …/…/EC [ establishing a framework for Community action to achieve the sustainable use of pesticides ] ;

(g) ‘agricultural holding’ means agricultural holding as defined in Council Regulation (EEC) No 571/88 of 29 February 1988 on the organisation of Community surveys on the structure of agricultural holdings (10).

Article 3

Data collection, transmission and processing

1. Member States shall collect the data necessary for the specification of the characteristics listed in Annexes I and II by means of:

— data from pesticide producers, traders and importers,

— reporting obligations applicable to suppliers concerning the pesticides placed on the market; distinct authorizations for professional and non-professional uses can be used ; in particular, obligations pursuant to Article [64(2)] of Regulation (EC) No …/… [concerning the placing of plant protection products on the market] ,

— reporting obligations applicable to professional users based on records kept on the use of pesticides; in particular, obligations pursuant to Article [64(1)] of Regulation (EC) No …/… [concerning the placing of plant protection products on the market] ,

— surveys,

— administrative sources, or

— a combination of these means, including statistical estimation procedures on the basis of expert judgements or models.

2. Member States shall communicate their choice of data collection pursuant to paragraph 1 to the Commission, which shall approve the data collection method in accordance with the regulatory procedure with scrutiny referred to in Article 5(3).

3. Member States shall ensure that producers of pesticides and those responsible for placing pesticides on the market or importing them report annually to the competent authority on:

— the quantities in which a given active substance or a given pesticide is produced,

— the quantities in which a given active substance or a given pesticide is supplied to processing firms or wholesalers in the European Union,

— the quantities in which a given active substance or a given pesticide is exported.

This information shall be assessed by the competent authorities and, where appropriate after editing to preserve the confidentiality of certain information, published.

4. Member States shall transmit to the Commission the statistical results, including confidential data, according to the schedules and with the periodicity specified in Annexes I and II. Data shall be presented according to the classification given in Annex III. The Member States may aggregate the data for reasons of confidentiality.

5. Member States shall ensure that the data collected are used for an adequate evaluation by the competent national authorities and their existing advisory bodies with regard to the aims of the respective national action plans as referred to in Directive …/…/EC (11) [establishing a framework for Community action to achieve the sustainable use of pesticides]. This evaluation shall be published on the Internet, taking due account of the confidential nature of sensitive business information as well as privacy obligations.

6. Member States shall transmit the data in electronic form, in conformity with an appropriate technical format to be adopted by the Commission in accordance with the regulatory procedure referred to in Article 5(2).

7. Member States shall produce reports on the quality of the statistics as stated in Annexes I and II.

8. The Commission shall determine the quality evaluation criteria in accordance with the regulatory procedure with scrutiny referred to in Article 5(3).

9. For reasons of confidentiality, the Commission shall, where appropriate, aggregate the data before publication according to the chemical classes or categories of products as indicated in Annex III, taking due account of the confidential nature of sensitive business information as well as privacy obligations .

In accordance with Regulation (EC) No 322/97, confidential data shall be used by national authorities and by the Community authority exclusively for the purposes of this Regulation.

Article 4

Implementation measures

1. The following measures necessary for implementation of this Regulation, including measures to take account of economic and technical developments, shall be adopted in accordance with the regulatory procedure referred to in Article 5(2):

(a) adoption of the appropriate technical format for the transmission of data (Article 3(6));

(b) definition of the format and content of the quality reports to be supplied by the Member States (Section 7 of Annex I and Section 6 of Annex II);

2. The following measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(3):

(a) determination of quality evaluation criteria (Article 3(8));

(b) definition of the ‘area of crop treated’ and of the ‘crop season’ referred to in Sections 2 and 4 of Annex II respectively;

(c) adaptation of the specifications listed in Section 4 of Annex I and Section 3 of Annex II, regarding the reporting measures;

(d) adaptation of the list of substances to be covered and their classification in categories of products and chemical classes as given in Annex III. Adaptation of the list of substances needs to take place on a regular basis and in light of the ongoing consideration of active substances .

Article 5

Committee procedure

1. The Commission shall be assisted by the Statistical Programme Committee.

2. Where reference is made to this paragraph,

Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months.

3. Where reference is made to this paragraph, Article 5a (1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 6

Report

The Commission shall submit a report on the implementation of the Regulation to the European Parliament and the Council every five years. This report shall evaluate in particular the quality and comparability of data transmitted, the burden on agricultural holdings, horticultural holdings and other businesses and the usefulness of these statistics in the context of the Thematic Strategy on the Sustainable Use of Pesticides , in particular with regard to the objectives set out in Article 1. It shall, if appropriate, contain proposals designed to further improve data quality and reduce the burden on agricultural holdings and other businesses .

The first report shall be submitted by the end of … (12).

Article 7

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.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at For the European Parliament The President For the Council The President

(1) OJ C 256, 27.10.2007, p. 86 .

(2) OJ C …

(3) Position of the European Parliament of 12 March 2008.

(4) OJ L 242, 10.9.2002, p. 1.

(5) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive 2008/31/EC (OJ L 81, 20.3.2008, p. 57).

(6) OJ L …

(7) OJ L 52, 22.2.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(8) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11 ).

(9) OJ L 181, 28.6.1989, p. 47.

(10) OJ L …

(11) OJ L 56, 2.3.1988, p. 1. Regulation as last amended by Regulation (EC) No 1928/2006 of the European Parliament and of the Council (OJ L 406, 30.12.2006, p. 7).

(12) The seventh calendar year following the year of entry into force of this Regulation.

ANNEX I Statistics on the production and placing on the market of pesticides SECTION 1 Coverage The statistics shall cover all substances listed in Annex III consisting of active substances, safeners or synergists contained in pesticides placed on the market in each Member State. Special attention shall be paid to avoiding double counting in the event of product reconditioning or transfer of authorization between suppliers. SECTION 2 Variables The quantity of each substance listed in Annex III contained in pesticides and biocidal products placed on the market shall be compiled in each Member State . SECTION 3 Reporting obligations Producers of pesticides and those responsible for placing pesticides on the market or importing them shall report annually to the competent authority on: — the quantities in which a given active substance or a given pesticide is produced; — the quantities in which a given active substance or a given pesticide is supplied to processing firms or wholesalers in the European Union; — the quantities in which a given active substance or a given pesticide is exported. SECTION 4 Reporting measure Data shall be expressed in kilograms of substances. SECTION 5 Reference period The reference period shall be the calendar year. SECTION 6 First reference period, periodicity and transmission of results 1. The first reference period is … (1). 2. Member States shall supply data for every calendar year subsequent to the first reference period and publish them — where appropriate in aggregated form — on the Internet, taking due account of the confidential nature of sensitive business information as well as privacy obligations . 3. Data shall be transmitted to the Commission within 12 months of the end of the reference year. SECTION 7 Quality report Member States shall supply the Commission with a quality report, indicating: — the methodology used to collect data; — relevant aspects of quality according to the methodology used to collect data; — a description of estimations, aggregations and exclusion methods used. This report shall be transmitted to the Commission within 15 months of the end of the reference year. The report concerning the second reference year shall contain a raw estimate of the proportions of the total quantity of substances in each major group listed in Annex III contained in pesticides placed on the market for both agricultural and non-agricultural use. These estimates shall be renewed every five years. (1) The second calendar year following the entry into force of this Regulation.

ANNEX II Statistics on agricultural use of pesticides SECTION 1 Coverage 1. Statistics shall cover the agricultural, horticultural and professional non-agricultural use of pesticides , such as use in communal green areas or in road or railway maintenance, in each Member State. 2. Each Member State shall select a set of crops listed in categories D, F, G and I of the characteristics defined in Annex I of Regulation (EEC) No 571/88 and shall compile statistics for these crops. Statistics shall cover at least 75 % of the total quantity of substances placed on the market annually for agricultural use as estimated in the quality report on the second reference year referred to in Section 7 of Annex I. 3. Statistics shall cover all substances listed in Annex III consisting of active substances, safeners or synergists contained in pesticides used on the selected crops during the reference period. SECTION 2 Variables 1. The quantity of each substance listed in Annex III contained in pesticides used on each selected crop shall be compiled with the total area cultivated and the ‘area of the crop treated’ with each substance. 2. The definition of the ‘area of crop treated’ shall be determined in accordance with the regulatory procedure with scrutiny referred to in Article 5(3). SECTION 3 Reporting measures 1. Quantities of substances used shall be expressed in kilograms. 2. Areas cultivated and areas treated shall be expressed in hectares. SECTION 4 Reference period 1. The reference period shall be the ‘crop season’ covering the cultural practices linked to the crop in question and including all the plant protection treatments associated directly or indirectly with this crop. 2. The ‘crop season’ shall be referred to as the year in which the harvest was taken. 3. The definition of the ‘crop season’ shall be determined in accordance with the regulatory procedure with scrutiny referred to in Article 5(3). SECTION 5 First reference period, periodicity and transmission of results 1. For each five-year period, Member States shall compile statistics on the use of pesticides for each selected crop within a reference period as defined in Section 4. 2. Member States may choose the reference period at any time of the five-year period. The choice can be made independently for each selected crop. 3. The first five-year period shall start at … (1). 4. Member States shall supply data for every five-year period. 5. Data shall be transmitted to the Commission and published — where appropriate in aggregated form — on the Internet, within 12 months of the end of each five-year period, taking due account of the confidential nature of sensitive business information as well as privacy obligations . SECTION 6 Quality report When they transmit their results, Member States shall supply the Commission with a quality report, indicating: — the design of the sampling methodology; — the methodology used to collect data; — an estimation of the relative importance of the crops covered with regard to the overall amount of pesticides used; — relevant aspects of quality according to the methodology used to collect data; — a comparison between data on pesticides used during the five-year period and pesticides placed on the market during the five corresponding years. (1) The first calendar year following the entry into force of the Regulation.