WRITTEN QUESTION P-1710/96 by Monica Baldi (UPE) to the Commission (17 June 1996)

Subject: Implementation of Directive 91/414/EEC by Italy

Council Directive 91/414/EEC ((OJ L 230, 19.8.1991, p. 1. )) of 15 July 1991 was issued with the aim of establishing EU standards in respect of the use of plant protection products.

The Directive stipulates that plant protection products may not be placed on the market and used unless they have been authorized by the Member State following inspection.

The Directive does not contain any requirement to submit data concerning the use of plant production products by means of appropriate forms or registers.

Although Italy has issued a relevant legislative decree, it has not fully implemented that decree (No. 194 of 17 March 1994 'implementing Directive 91/414/EEC concerning the placing of plant protection products on the market') since it has not yet adopted appropriate national plans to assess and control the impact of the use of such products on public health and the environment.

1. Does the Commission agree that the different provisions currently applied in Italy by virtue of Ministerial Decree No. 217 of 25 January 1991 and Presidential Decree No. 236 of 24 May 1988, aimed at requiring all plant protection products to be declared and registered before use, failing which legal sanctions should apply, are incompatible with the aforementioned Community legislation?

2. Does the fact that Italy requires datasheets and stock registers to be kept in respect of plant protection products not constitute a distortion of competition and trade between States that is contrary to the common interest?

3. Would the judicial and administrative authorities be justified in repealing the aforementioned provisions, which is contrary to Community legislation on the use of plant protection products, in accordance with the consistent rulings of the Court of Justice?

Supplementary answer given by Mr Fischler on behalf of the Commission (26 September 1996)

1 and 3. Further to its answer of 2nd July 1996, the Commission is of the opinion that Directive 91/414/EEC concerning the placing of plant protection products on the market, does not prevent Member States from providing for a requirement for users and distributors to record and declare data concerning sales, purchases and uses of certain plant protection products. It results from several provisions in Directive 91/414/EEC, such as Article 3(2), Article 10(1) 2nd subparagraph, and Article 17, that Member States can take all measures necessary to ensure the proper use, storage, production and movement of plant protection products.

z

2. The Commission believes that for several reasons, such as ensuring adequate protection of human and animal health and the environment as well as preventing possible distortions of competition between companies in the different Member States, there may be an interest in developing a harmonised framework for such measures. The Commission is currently studying the possibilities for such harmonisation both within the framework of Directive 91/414/EEC and within the framework of the development of future policies for substainable use of pesticides as set out in the fifth environmental action programme.