WRITTEN QUESTION P-4149/00

by Dorette Corbey (PSE) to the Commission

(9 January 2001)

Subject: Dutch law on plant protection products

On 29 September I received an answer to my Written Question P-2829/00(1) concerning authorisation for certain plant protection products (Article 15 of Regulation (EC) 451/2000(2)). It is clear that the Netherlands can continue to apply national criteria as regards dossier requirements until a Community decision on the substance has been taken. However, it is still unclear whether Member States are in breach of the law in the absence of a Community decision and in the event of incompatibility with general principles of relevant Community legislation.

1. How does the proposed Netherlands law on plant protection products, under which substances harmful to the environment are authorised on grounds of supposedly being essential for agricultural purposes, relate to the principle laid down in Directive 91/414/EEC(3) that the environment should take priority over plant production concerns?

2. The Netherlands law is to apply to 11 substances which have been shown not to satisfy the environmental criteria. How does the proposed Netherlands law on plant protection products relate to Article 8(3) and Article 4 of Directive 91/414/EEC providing that, in applying environmental criteria, the latest scientific and technical knowledge must be taken into account?

3. The Netherlands Government intends, on the basis of the aforementioned proposed law, to apply less rigid environmental criteria up to 2006. This exceeds the transitional period of 12 years laid down in Directive 91/414/EEC and running up to 2003. Is that compatible with European rules?

4. What is the Commission's view of the proposed Netherlands law in the light of the opinion of the Advocate General (Court of Justice, 21 September 2000, case C-306/98) concerning a comparable measure, ruling that, during the transitional period, in making national assessments the environmental criteria laid down in the uniform principles have direct effect and must therefore be applied?

5. The fact that there are differences between Member States with regard to authorisation of certain plant protection products not yet included in Annex I distorts competition. There is consequently a need to speed up decisions on the placing of active substances on the list in Annex I. Does the Commission see any possibility of speeding up the assessment procedure?

(1) OJ C 103 E, 3.4.2001, p. 226.

(2) OJ L 55, 29.2.2000, p. 25.

(3) OJ L 230, 19.8.1991, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(20 February 2001)

1. As long as no decision has been taken at Community level on the possible inclusion of an active substance in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, Member States have to apply the criteria of Article 4 of the Directive when granting authorizations. The Dutch authorities can only grant such authorizations when they have established inter alia that the plant protection product has no unacceptable influence on the environment, when properly used and having regard to all normal conditions under which it may be used.

2. The Dutch authorities can apply their own criteria in this respect as long as no decision on Annex I inclusion is taken at Community level; as soon as such a decision has been taken the Dutch authorities have to apply strictly the criteria of Annex VI of the Directive (the so-called uniform principles). For any decision taken, the most recent scientific and technical knowledge has to be taken into account.

3. The Commission may decide to extend the deadline of July 2003 for certain active substances, as provided for in the Directive. The Dutch authorities will have to withdraw existing national authorizations for all active substances for which the deadline of July 2003 is not prolonged except for those cases where a temporary exemption is granted in the framework of essential uses, as stipulated in Article 15 of Commission Regulation (EC) No 451/2000 of 28 February 2000 laying down the detailed rules for the implementation of the second and third stages of the work programme referred to in Article 8(2) of Council Directive 91/414/EEC.

4. The Commission is aware of Court of justice case C-306/98 which deals with the requirements for the authorization of generic plant protection products. The opinion of the Advocate General is available but the Court of justice has not yet given its opinion on this case. As soon as the opinion of the Court is available, the Commission will examine whether it would have implications for the criteria to be applied by Member States when authorizing plant protection products.

5. The Commission is convinced that the re-evaluation process will be accelerated as a result of the procedures adopted in Regulation (EC) No 451/2000. The Commission will inform by July 2001 the Parliament and Council, as provided in Council Directive 91/414/EEC concerning the placing of plant protection products on the market, on the progress of the re-evaluation programme.