WRITTEN QUESTION P-2829/00

by Dorette Corbey (PSE) to the Commission

(4 September 2000)

Subject: Temporary authorisation for certain plant protection products

Regulation (EC) No 451/2000(1) is concerned with implementation of the second and third stages of the crop protection directive (91/414/EEC)(2). Article 15, second subparagraph, of the regulation specifies that temporary measures may be taken to permit certain plant protection products if there is technical evidence of the need for the use of these products and if there are no efficient alternatives.

1. What are the reasons for Article 15, second subparagraph, of the regulation, and what is its purpose?

2. Does the Commission feel that it can allow Member States, pursuant to Article 15, to authorise products which do not satisfy the criteria laid down in the uniform principles concerning the marketing of plant protection products?

3. If so, does the Commission agree that this is an infringement of the relevant directives and that there is a need to amend the directives?

4. If the Commission wishes to create a legal basis for temporary measures, how will it guarantee that temporary measures are not taken for reasons of business economics?

5. How will the Commission guarantee that temperature measures do not impede, but encourage, innovation?

6. Is the Commission aware of the Dutch government's bill to amend the Pesticides Act of 1962 (agriculturally essential crop protection products) (27076)? The bill proposes permitting, or continuing to permit, plant protection products which are essential for agricultural purposes. The Netherlands is the only Member State which will apply this criterion. Does this criterion conform with European rules, both now and in the near future? Does the Commission think that the Dutch example will be followed by other Member States?

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

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

Answer given by Mr Byrne on behalf of the Commission

(29 September 2000)

1. and 2. Council Directive 91/414/EEC of 15 July 1991, concerning the placing of plant protection products on the market sets up a harmonised framework for the authorisation, placing on the market, use and control of plant protection products in the Community.

One of the basic principles of the Directive is the development of a Community list of accepted active substances in Annex I to the Directive.

Article 8 (2) of Directive 91/414/EEC provides for a derogation during a period of 12 years (until 25 July 2003) for Member States to continue to authorise plant protection products containing active substances not included in Annex I of the Directive on the basis of the general safety requirements of Article 4 of the Directive and national data requirements. During this period the Commission shall implement a programme for gradual examination of the active substances. By July 2001 the Commission shall present to the Parliament and to the Council a progress report on the programme. Depending on the conclusions of this report it may be decided to extend, for certain substances, the above mentioned deadline for a period to be determined.

Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market(1), provides for the evaluation of a first list of 90 important and widely used active substances in agriculture. In fact, it is estimated that these 90 substances represent about 30 % of the total use of plant protection products in agriculture. This programme permitted the development of expertise and mutual confidence-building in Member States and the Commission. This programme continues.

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 covers most of the remaining active substances in different steps. Strict deadlines are provided for industry to notify these active substances.

It was expected that the number of active substances on the market would be reduced significantly because industry would not be prepared to defend all the active substances still on the market. This has been confirmed in the meantime since at least 200 active substances will not be defended. More definitive results will be available at the end of December 2000 and will be included in the progress report of the Commission.

The Regulation also provides that for the active substances which are not adequately notified, the Commission will adopt a Regulation in order not to include such substances in Annex I and obliging Member States to withdraw from the market plant protection products containing such active substances by 25 July 2003.

The withdrawal from the market of a large number of active substances in a short time period may create problems, e.g. because no plant protection product would be available any more for certain crops or for an effective resistance management. In order to allow time to develop alternatives, the review Regulation provides that, if necessary and on a case by case basis, the Commission may take appropriate temporary measures for uses for which additional technical evidence has been provided demonstrating the essential need for further use of the active substance and that there is no efficient alternative.

3., 4. and 5. The Commission will, when preparing proposals for the implementation of Article 15 of Regulation (EC) No 451/2000, examine the legal basis for such temporary measures. Such temporary measures will only be further prepared when the seriousness of the problem has been demonstrated.

6. The Commission is aware of the proposal to change the Dutch legislation concerning plant protection products. The Netherlands can continue to apply national criteria until a Community decision on the active substance is taken at which time the uniform principles will have to be applied. The Commission is not aware of the fact that other Member States would apply the same criteria as those proposed in the Netherlands.

(1) OJ L 366, 15.12.1992.