WRITTEN QUESTION E-3552/00

by Mihail Papayannakis (GUE/NGL) to the Commission

(15 November 2000)

Subject: Aerial crop spraying and the use of pesticides in Greece

On 29 October 2000 aerial crop spraying to combat olive fly was carried out once again in Corfu, using the pesticide Lebaycid, which contains the particularly toxic and fat-soluble substance Fenthion (included in the list of organophosphorus compounds in List I of Directive 76/464/EEC(1)), thus creating risks regarding public health, disturbance of the ecological balance and the pollution of ground-water. This was done in spite of the 1991 decision by the Supreme Administrative Court to suspend aerial crop spraying and the recommendations by the Greek Ministry of Health that spraying should be carried out from the ground in order to protect public health.

Could the Commission state whether this plant protection product has been given a licence following a detailed examination to verify that it will not have harmful effects on human or animal health, or an unacceptable impact on the environment?

To what extent are the following directives complied with in Greece:

- 91/414/EEC(2),

- 97/41/EC(3),

- 97/73/EC(4),

- 98/22/EC(5),

- 98/57/EC(6),

- 98/100/EC(7),

- 1999/1/EC(8)?

For each of the above directives, has Greece taken the implementing measures necessary to comply with them? If so, are these being correctly applied? If not, have proceedings for breach of Community law been put in motion, and what stage has been reached for each individual directive?

(1) OJ L 129, 18.5.1976, p. 23.

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

(3) OJ L 184, 12.7.1997, p. 33.

(4) OJ L 353, 24.12.1997, p. 26.

(5) OJ L 126, 28.4.1998, p. 26.

(6) OJ L 235, 21.8.1998, p. 1.

(7) OJ L 351, 29.12.1998, p. 35.

(8) OJ L 21, 28.1.1999, p. 21.

Answer given by Mr Byrne on behalf of the Commission

(16 January 2001)

The authorization of plant protection products is regulated at Community level by Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market. The Directive sets up a harmonized framework for the authorization, 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 authorize 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 program for gradual examination of the active substances.

Fenthion is one of the active substances currently being evaluated under 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). It is expected that the Commission will be able to adopt a decision on fenthion in early 2001.

The Commission will inform the Parliament and Council by July 2001, as provided in Council Directive 91/414/EEC concerning the placing of plant protection products on the market, on the progress with the re-evaluation programme.

Greece has transposed Council Directive 91/414/EEC and its amendments into national legislation with the Presidential Order 115/1997. The other Directives mentioned by the Honourable Member are not related to the use of fenthion containing products.

The Commission understands that in Greece aerial applications of pesticides are forbidden in general but in specified cases the ministry of Agriculture can grant temporary derogations. In the specific case a Ministerial Decree established the conditions under which aerial applications against the olive fly could be done. This Decree provided that only in Corfu aerial applications could be performed provided a number of safety requirements were satisfied. This derogation was given because of the particular agricultural conditions prevailing in the island.

In this case, a study on the environmental impact of aerial applications has been performed. The decision to conduct aerial applications was taken by the local authorities on the grounds of the existence of this study and before it was evaluated by the ministry of Agriculture. This was a violation of the existing procedures. The Greek authorities have undertaken to take all necessary actions to prevent a repetition of the incident.

(1) OJ L 366, 15.12.1992.