Proposal for a Directive of the European Parliament and of the Council establishing a framework for Community action to achieve a sustainable use of pesticides {COM(2006) 372 final} {SEC(2006) 894} {SEC(2006) 914}
Date: 2006-07-12
Institutions: European Commission
Subjects: EU initiative, drafting of EU law, environmental protection, pesticide, pollution control measures, pollution from agricultural sources, prevention of pollution

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.7.2006 
COM(2006) 373 final 

2006/0132 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

establishing a framework for Community action to achieve a sustainable use of 
pesticides 

(presented by the Commission) 

{SEC(2006) 894} 
{SEC(2006) 914} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Pesticides are active substances and products designed to influence fundamental processes in 
living organisms and, therefore, have the potential to kill or control harmful organisms such 
as  pests.  Consequently,  these  products  can  cause  undesirable  adverse  effects  on  non-target 
organisms,  human  health  and  the  environment.  Because  of  the  particular  circumstances  of 
pesticide  use  (in  particular  for  plant  protection  purposes)-deliberate  release  into  the 
environment-, they are subject to regulation in Member States and the Community. Over the 
years, a highly elaborate system has been developed for evaluating the risks to human health 
and the environment. 

Despite the existing regulatory framework, undesirable amounts of certain pesticides can still 
be found in environmental media (in particular soil, air and water), and residues exceeding the 
regulatory  limits  can  still  be  detected  in  agricultural  products.  New  and  emerging  scientific 
findings-such  as  the  potential  of  certain  chemicals,  among  them  pesticides,  to  disrupt  the 
functioning  of  the  endocrine  system  even  at  low  concentrations-underline  the  possible  risks 
for humans and the environment from the use of such substances. 

With  the  Decision  adopting  the  6th  Environment  Action  Programme  (6EAP),  the  European 
Parliament and the Council recognised that the impact of pesticides on human health and the 
environment, in particular those of plant protection products, must be reduced further. They 
underlined the need to achieve a more sustainable use of pesticides and outlined a two-track 
approach: 

–  Full implementation and appropriate revision of the relevant legal framework, 

–  Developing a Thematic Strategy on the Sustainable Use of Pesticides. 

In  its  Communication  'A  Thematic  Strategy  on  the  Sustainable  Use  of  Pesticides' 
[COM(2006)  372],  the  Commission  presents  the  various  measures  that  could  be  part  of  the 
strategy. These are, as far as possible, integrated into existing legal instruments and policies. 
The  objective  of  the  attached  draft  Directive  is  to  implement  those  parts  of  the  Thematic 
Strategy that require new legislation. 

Although the term “pesticides” is used throughout all documents being part of the Thematic 
Strategy, the current proposal focuses on plant protection products for the time being. There 
are various reasons for this limitation, including the fact that plant protection products are the 
most  important  group  of  pesticides  with  the  longest  history  of  legislation.  Legislation 
concerning  placing  of  biocidal  products  on  the  market  has  only  recently  been  introduced 
through Directive 98/8/EC and experience of the Commission and Member States is not yet 
sufficient  to  propose  further  measures.  Furthermore,  it  is  clear  from  the  Decision  of  the 
European Parliament and the Council adopting the 6EAP that, although the term ‘pesticides’ 
is used, the main concerns are related to plant protection products. This is underlined by the 
fifth indent of Article 7(1), calling for ‘a significant overall reduction in risks and of the use of 
pesticides  consistent  with  the  necessary  crop  protection’,  as  well  as  by  Article  7(2)(c), 
specifying  Directive  91/414/EEC  as  the  applicable  legal  framework  that  is  to  be 

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complemented by the Thematic Strategy. Consequently, this proposal will focus on the use of 
plant  protection  products  for  the  time  being.  However,  should  comparable  measures  be 
considered  necessary  for  biocides  in  the  future,  they  will  be  incorporated  in  the  Thematic 
Strategy as appropriate. 

•  General context 

Despite  the  risks  for  human  health  and  the  environment  linked  to  pesticides,  their  use 
generates  various  benefits-mostly  economic-in  particular  for  farmers.  Pesticides  maximise 
agricultural yields and the quality of agricultural products, and minimise labour input. They 
can  contribute  to  limit  soil  erosion  by  allowing  reduced  tillage  cultivation,  and  they  help  to 
ensure reliable supplies of a wide choice of affordable agricultural produce. Plant protection 
products  are  also  an  important  means  to  meet  plant  health  requirements  and  allow 
international  trade  of  agricultural  products.  These  are  the  main  reasons  why  pesticides  are 
widely used in agriculture. Outside the agricultural sector, pesticides also have a wide range 
of uses, from wood or fabric preservation to public health protection. 

Existing policies and legislation were first introduced at Community level in 1979 and have 
evolved  considerably  over  the  years,  culminating  in  the  adoption  of  Directive  91/414/EEC 
concerning the placing of plant protection products on the market and of Directive  98/8/EC 
concerning  the  placing  of  biocidal  products  on  the  market.  They  require  that  all  plant 
protection  and  biocidal  products  need  to  be  evaluated  and  authorised  before  they  can  be 
placed on the market. Despite the increasing costs involved in this process and the decreasing 
number of active substances on the market, actual consumption and use of pesticides in the 
EU has not decreased within the last ten years. At the same time, the percentage of food and 
feed samples where residues of pesticides exceed maximum regulatory limits is not declining, 
but  remains  around  5%.  In  addition,  certain  pesticides  are  commonly  found  in  the  aquatic 
environment  at  concentrations  well  above  the  regulatory  limit,  and  there  is  no  sign  of  any 
decrease.  Over  the  last  fifteen  years,  significant  but  uneven  changes  in  pesticide  use  have 
been observed amongst Member States. Whilst pesticide use declines in some Member States, 
a  sharp  increase  has  been  observed  in  others.  Such  diverging  trends,  which  indicate 
differences in policy amongst Member States, justify action at Community level, in particular 
in order to harmonise the level of protection of human health and the environment. 

Pursuant  to  Article  7(1)  of  Decision  No  1600/2002/EC  defining  the  6EAP,  the  overall 
objective of the Thematic Strategy is to reduce the impacts of pesticides on human health and 
the environment, and more generally to achieve a more sustainable use of pesticides as well as 
a  significant  overall  reduction  in  risks  and  of  the  use  of  pesticides  consistent  with  the 
necessary level of protection against pests. 

Pursuant  to  Article  7(2)(c)  of  Decision  No  1600/2002/EC,  the  specific  objectives  of  the 
Thematic Strategy are: 

–  to minimise the hazards and risks to health and environment from the use of pesticides 

–  to improve controls on the use and distribution of pesticides 

–  to  reduce  the  levels  of  harmful  active  substances  including  through  substituting  the  most 

dangerous with safer (including non-chemical) alternatives 

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–  to  encourage  the  use  of  low-input  or  pesticide-free  crop  farming,  in  particular  by  raising 
users' awareness, by promoting codes of good practices and consideration of the possible 
application of financial instruments 

–  to establish a transparent system for reporting and monitoring the progress made towards 
the  achievement  of  the  objectives  of  the  strategy,  including  the  development  of  suitable 
indicators. 

Thematic  Strategies  are  new  tools,  which  follow  a  holistic  concept  in  addressing  a  specific 
topic. Integration of the measures of the Strategy in existing policies and legislation is a key 
element. Appropriate measures will, therefore, preferably be taken in the framework of these 
policies. In this respect, specific measures to promote low-input farming are already foreseen 
in  the  Common  Agricultural  Policy  (CAP),  in  particular  Regulation  (EC)  No  1698/2005  on 
support  for  rural  development.  The  recently  adopted  new  Regulation  (EC)  No  396/2005  on 
Maximum Residue Levels (MRLs) of pesticides in food and feed provides for a reinforcement 
of  annual  monitoring  programmes.  Environmental  monitoring  for  pesticides  will,  inter  alia, 
be part of the monitoring activities required within the Water Framework Directive. 

However, from the preparation of the Thematic Strategy, in particular the consultation process 
and  the  impact  assessment,  it  has  emerged  that  some  of  the  envisaged  measures  cannot  be 
integrated  into  existing  legislation  or  policies.  For  several  of  them,  it  has  been  shown  that 
legislative  proposals  are  the  most  effective  means  of  implementation.  The  attached  draft 
Directive  contains  all  measures  for  which  new  legislation  was  deemed  necessary,  with  two 
exceptions: 

–  the collection and reporting of statistics regarding placing on the market and use of plant 

protection products, for which the Commission will propose a separate Regulation, 

–  the  certification  of  pesticide  application  equipment  placed  on  the  market,  for  which  the 
Commission  will  propose  a  separate  Directive,  which  will  possibly  amend  Directive 
2006/42/EC of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast)1. 

In addition to these three proposals, the Commission will propose a comprehensive revision 
of  Directive 91/414/EEC which,  inter alia, will implement two of the five  objectives of the 
Thematic  Strategy  on  the  Sustainable  Use  of  Pesticides:  reinforcement  of  provisions  on 
official  controls  of  compliance  with  all  conditions  attached  to  the  use  of  plant  protection 
products at market and user level; and provisions for application of comparative assessment 
and the substitution principle in the authorisation of plant protection products. 

•  Existing provisions in the area of the proposal 

The  Community  regulatory  framework  concerning  pesticides  focuses  particularly  on  the 
beginning and the end of the life cycle of such products. The most relevant legislation is: 

(1) 

Directive  91/414/EEC  concerning  the  placing  on  the  market  of  plant  protection 
products, 

1 

OJ L 157, 9.6.2006, p. 24.  

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(2) 

Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food 
and feed of plant and animal origin. 

The aim of Directives 91/414/EEC and 98/8/EC is to prevent risks at source through a very 
comprehensive  risk  assessment  of  each  active  substance  and  the  products  containing  the 
substance, before they can be authorised for marketing and use. Regulation (EC) No 396/2005 
sets  maximum  residue  levels  (MRLs)  of  active  substances  in  agricultural  produce,  thus 
contributing  to  limiting  the  risks  to  consumers  at  the  end  of  the  food  chain.  In  addition, 
monitoring  the  respect  of  MRLs  is  an  important  tool  to  assess  whether  EU  farmers  have 
correctly  applied  the  instructions  and  restrictions  related  to  the  authorisation  of  plant 
protection products. 

One of the shortcomings of the legal framework is that the actual use phase, which is key to 
the  determination  of  the  overall  risks  that  pesticides  pose,  is  not  sufficiently  addressed. 
Because of their scope, the existing legal instruments will not be able, even when revised, to 
achieve  all  the  objectives  outlined  in  the  6EAP.  Therefore,  the  measures  in  the  Thematic 
Strategy-and in particular in this draft Directive-attempt to fill this gap. 

•  Consistency with other policies and objectives of the Union 

The  proposal  is  fully  coherent  with  the  objectives  and  aims  of  the  6th  Environment  Action 
Programme, such as protection of nature and biodiversity, environment and health and quality 
of life. It is also in line with the Lisbon Strategy, the European Union strategy for sustainable 
development, with other thematic strategies (in particular the Soil and the Marine Strategies), 
the EU policy on water protection, food safety and consumer protection. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

In  accordance  with  the  6th  Environment  Action  Programme,  Thematic  Strategies  are  to  be 
developed in a two-step process involving all stakeholders. With its Communication 'Towards 
a Thematic Strategy on the Sustainable Use of Pesticides'2, the Commission launched a wide-
ranging consultation exercise. 

The  Communication  recalled  the  shortcomings  of  the  current  regulatory  framework  with 
regard  to  the  use  phase  in  the  life-cycle  of  plant  protection  products.  It  included  extensive 
background information  on  the benefits and risks of using pesticides and presented a list of 
essential issues to be addressed. It discussed possible measures to reverse negative trends and 
to address the use phase more specifically. 

Consultation encompassed the European Parliament, the Council, the European Economic and 
Social  Committee  and  the  general  public  (via  internet).  More  than  150  contributions  were 
received.  In  addition,  the  Commission  organised  a  Stakeholders  Conference  in  November 

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COM(2002) 349. 

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2002 with more than 200 participants from all relevant stakeholder groups such as pesticide 
industry, farmer organisations, authorities, consumer and environmental organisations. 

Further  consultation  took  place  through  Commission  participation  at  numerous  outside 
conferences  dedicated  to  various  specific  issues  (e.g.  comparative  assessment  /  substitution, 
application  equipment,  the  concept  of  Integrated  Pest  Management)  and  specific  meetings 
organised  by  the  Commission  (e.g.  on  aerial  spraying).  In  a  final  consultation  step,  the 
Commission  launched  a  further  internet  consultation  via  'Your  voice  in  Europe'  on  the 
measures to be included in the attached draft Directive. 

Summary of responses and how they have been taken into account 

The  objectives  and  many  of  the  possible  measures,  as  outlined  in  chapter  VI  of  the 
Communication  of  2002,  were  broadly  supported  by  the  consulted  stakeholders  and 
institutions. All comments are available at: 
http://europa.eu.int/commenvironment/ppps/1st_step_consul.htm. 

The  documents  and  reports  from 
http://europa.eu.int/comm/environment/ppps/1st_step_conf.htm. 

the  Stakeholder  consultation  are  available  at: 

A  more  detailed  summary  of  the  consultation  process  and  its  outcome  can  be  found  in  the 
Impact  Assessment,  which  is  presented  together  with  this  draft  Directive.  All  contributions 
have  been  fully  considered  in  the  preparation  of  the  various  elements  of  the  Thematic 
Strategy, including the attached Directive and the Impact Assessment. 

An open consultation was conducted over the internet from 17 March 2005 to 12 May 2005. 
The Commission received nearly 1 800 responses. The results are available at 
http://europa.eu.int/comm/environment/ppps/pdf/stats_consult.pdf. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Agriculture, plant protection, machinery and engineering (application equipment, in particular 
sprayers  and  related  equipment),  aerial  spraying,  analysis  of  economic,  social  and 
environmental impacts. 

Methodology used 

Bilateral  consultations  with  stakeholders,  organisation  of  meetings,  participation  at 
conferences, study by consultant. 

Main organisations/experts consulted 

Member  State  authorities,  pesticide  industry,  farmer  organisations,  academia,  European 
Standard Organisation (CEN), environmental organisations. 

Summary of advice received and used 

The  advice  received  confirmed  that  additional  measures  regarding  aerial  spraying,  the 
standardisation and regular inspection of pesticide application equipment, indicators and the 

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collection and disposal of empty packaging are necessary, and such requirements have been 
integrated into the draft Directive. 

Means used to make the expert advice publicly available 

As all other contributions during the consultation, expert advice has been made available on 
the website of the Commission at: 
http://europa.eu.int/comm/environment/ppps/2nd_step_tech.htm. 

•  Impact assessment 

For each of the measures proposed in the draft Directive, three to five options ranging from 
voluntary to mandatory measures have been examined with regard to their economic, social 
and environmental impacts on the various stakeholders and authorities. 

In addition, a no-option scenario was considered as a reference against which to appraise the 
costs and benefits anticipated from the measures proposed. 

The  Commission  carried  out  an  Impact  Assessment,  the  report  of  which  is  presented  in 
parallel  to  this  proposal  as  a  Commission  Staff  Working  Paper.  It  is  also  available  at: 
http://ec.europa.eu/environment/ppps/2nd_step_study.htm. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposed  Directive  of  the  European  Parliament  and  the  Council  will  implement  those 
provisions  of  the  Thematic  Strategy  that  cannot  be  included  in  existing  instruments  or 
policies,  with  the  exception  of  the  collection  of  statistical  information  regarding  the  placing 
on the market and use of plant protection products. The proposed Directive will contain rules 
on: 

–  Establishment  of  National  Action  Plans  to  set  objectives  to  reduce  hazards,  risks  and 
dependence on chemical control for plant protection (National Action Plans-NAPs), which 
will allow for the necessary flexibility to adapt the measures to the specific situations in the 
Member States. 

–  Involvement of stakeholders in the setting up, implementation and adaptation of the NAPs. 

–  Creation  of  a  system  of  training  and  awareness-raising  for  distributors  and  professional 
users of pesticides in order to ensure that they are fully aware of the risks involved. Better 
information  for  the  general  public  through  awareness-raising  campaigns,  information 
passed on through retailers, and other appropriate measures. 

–  Regular  inspection  of  application  equipment  in  order  to  reduce  adverse  impacts  of 
pesticides  on  human  health  (in  particular  as  regards  operator  exposure)  and  the 
environment during application. 

–  Prohibition  of  aerial  spraying  with  derogation  possible,  to  limit  the  risks  of  significant 

adverse impacts on human health and the environment, in particular from spray drift. 

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–  Specific measures to protect the aquatic environment from pollution by pesticides. 

–  Defining  areas  of  significantly  reduced  or  zero pesticide  use  in  line  with  measures  taken 
under  other  legislation  (such  as  the  Water  Framework  Directive,  the  Birds  Directive,  the 
Habitats Directive, etc.) or to protect sensitive groups. 

–  Handling and storage of pesticides and their packaging and remnants. 

–  Development  of  Community-wide  standards  on  Integrated  Pest  Management  (IPM),  and 

establishment of necessary conditions for implementation of IPM. 

–  Measuring progress in risk reduction through appropriate harmonised indicators. 

–  Establishment  of  a  system  of  information  exchange  for  continuous  development  and 

improvement of appropriate guidance, best practices, and recommendations. 

•  Legal basis 

Article 175(1) of the EC Treaty is the appropriate legal basis. 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reasons. 

Currently,  some  Member  States  have  already  adopted  measures  that  cover  (completely  or 
partly) what is proposed in the Directive. Others have not yet taken such action. This creates a 
situation  where  there  is  no  level  playing  field  for  farmers  and  the  pesticide  industry,  which 
can  amount  to  unfair  competition  for  economic  actors  in  different  Member  States. 
Furthermore,  there  is  no  equal  level  of  protection  of  human  health  and  the  environment 
throughout the Community and pesticide use shows diverging trends between Member States. 

Community action will better achieve the objectives of the proposal for the following reasons. 

Only Community action can improve the current disparate situation in the Member States by 
implementing harmonised requirements and an equal level of protection of human health and 
the environment and by completion of the internal market for application equipment. 

Placing  on  the  market  of  pesticides  is  already  harmonised  through  Community  legislation. 
The  same  should  therefore  apply  to  other  aspects  of  pesticides  policy.  Currently  Member 
States are developing their national policies in different directions and with different levels of 
stringency and ambition. 

Setting uniform requirements and objectives to be achieved in all Member States can only be 
done  by  the  Community.  Otherwise  the  current  situation  with  varying  obligations  for 
economic  operators  will  continue.  The  continuous  information  exchange  among  Member 
States and the Commission which is foreseen in the proposal will allow the development of 
appropriate  guidance,  best  practices  and  recommendations,  taking  into  account  scientific  or 
technical  progress.  Further  information  will  be  collected  via  the  monitoring  and  control 

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programmes laid down in other Directives and Regulations that are affected by the Thematic 
Strategy. This cannot be achieved by the Member States alone. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The  proposed  Directive  creates  the  legal  framework  with  the  essential  requirements  and 
objectives. Member States retain a significant amount of flexibility to determine the details of 
the  necessary  implementing  measures  appropriate  to  their  specific  geographic,  agricultural 
and  climatic  situations.  The  Commission  intends  to  establish  a  specific  expert  group, 
composed  of  Member  States  and  all  other  relevant  stakeholders,  to  assess  regularly  the 
reported  information  and  data  in  order  to  draft  appropriate  guidance  and  recommendations. 
This  "Expert  Group  on  the  Thematic  Strategy  on  the  sustainable  use  of  pesticides" 
(hereinafter the "Expert Group") will be formally established by a Commission decision at a 
later stage. When necessary, the Commission will adopt amendments to the Annexes of the 
proposed Directive, following a regulatory committee procedure within the framework of the 
Standing  Committee  on  the  Food  Chain  and  Animal  Health  established  by  Article  58  of 
Regulation (EC) No 178/2002. 

The  detailed  analysis  of  the  economic,  social  and  environmental  impacts  (including 
administrative  burdens)  that  has  been  carried  out  for  all  measures  has  enabled  the 
Commission  to  identify  those  options  that  represent  minimum  costs  to  all  stakeholders,  and 
overall these costs are lower than the expected estimated benefits. 

•  Choice of instruments 

A framework directive is proposed. 

Other means would not be adequate for the following reasons. 

A highly prescriptive Regulation or Directive would not have been appropriate as the starting 
points for each issue are very different from one Member State to another, e.g. structure of the 
agricultural  sector,  climatic  and  geographical  conditions,  existing  national  legislation  and 
programmes. On the  other  hand,  simple recommendations would not be efficient to achieve 
the envisaged objectives as these could not be enforced. Where deemed feasible (i.e. for the 
collection of empty packaging), the Directive leaves the possibility of self-regulation for the 
stakeholders concerned. 

4. 

BUDGETARY IMPLICATION 

It  is  proposed  to  create  one  permanent  Commission  post  to  administer  and  co-ordinate  the 
Strategy  and  organise  all  meetings  of  the  Expert  Group  for  the  development  of  guidance, 
further measures and the calculation and reporting of indicators. Further expenditure relating 
to  activities  under  this  Directive  will  be  covered  by  the  financial  instrument  for  the 
environment (LIFE+ for the 2007-2013 period). No additional amount is requested. 

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5. 

ADDITIONAL INFORMATION 

•  Simulation, pilot phase and transitory period 

There will be no transitory period for the proposal. 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

•  Detailed explanation of the proposal 

Article 1 outlines the subject matter of the Directive. 

Article 2 outlines the scope of the Directive. 

Article 3 contains the definitions deemed necessary for the purposes of the Directive. 

Article  4  requires  Member  States  to  set  up  national  action  plans  (NAPs)  to  identify  crops, 
activities  or  areas  for  which  risks  are  worrying  and  should  be  addressed  in  priority  and  set 
objectives  and  timetables  to  achieve  them.  Experience  in  several  Member  States  has  shown 
that coherent action plans are the best tool to achieve the intended objectives. In the light of 
the  widely  varying  situations  in  the  Member  States  and  in  line  with  the  principle  of 
subsidiarity,  NAPs  shall  be  adopted  at  national  and/or  regional  level.  When  setting  up  or 
amending NAPs, the public shall be given early and effective opportunities to participate in 
the process, in line with the spirit of Directive 2003/35/EC providing for public participation 
in  respect  of  the  drawing  up  of  certain  plans  and  programmes  relating  to  the  environment3. 
This will be important to ensure successful and efficient implementation. Member States will 
have to pay attention to maintain coherence with what is included in other relevant plans and 
could  have  an  influence  on  the  use  of  pesticides,  such  as  river  basin  management  and  rural 
development plans. 

Article  5  requires  Member  States  to  set  up  systems  of  training  for  distributors  and 
professional  users  of  pesticides,  in  order  to  ensure  full  awareness  about  the  risks  involved. 
Attendance to trainings, proven by certificates, should not be a prerequisite for establishment 
or  employment  of  professional  pesticide  users.  Details  regarding  procedures  and 
administrative provisions are left to the Member States, but Annex I will spell out the subjects 
that these training programmes have to address. 

Article  6  calls  on  Member  States  to  ensure  that  at  least  one  person  in  the  employment  of 
distributors  selling  toxic  or  very  toxic  pesticides  is  available  to  provide  information  to 
customers,  and  that  only  those  professional  users  fulfilling  the  necessary  requirements  shall 

3 

OJ L 156, 25.6.2003, p. 17. 

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have  access  to  pesticides.  Member  States  are  required  to  prescribe  that  only  specifically 
authorised products will be available for sale to non-professional users, as they are not as well 
aware of the risks as professional users. 

Article  7  obliges  Member  States  to  facilitate  and  promote  awareness  programmes  and 
availability of information to the public relating to pesticides and their alternatives, in order to 
inform non-professional users about all relevant risks and precautionary measures. 

Article  8  requires  Member  States  to  set  up  a  system  for  regular  technical  inspection  and 
maintenance  of  application  equipment  in  use.  Well  maintained  and  properly  functioning 
application equipment is key to continuously guaranteeing a high level of protection of human 
health (in particular the operators) and the environment when applying pesticides. In order to 
ensure  equally  stringent  technical  inspections  throughout  the  Community,  common  and 
harmonised standards shall be used, based on the essential requirements defined in Annex II. 
The  organisational  aspects  (like  public  or  private  inspection  systems,  quality  control  of 
inspection  bodies  involved,  inspection  frequency,  financing  aspects,  etc.)  remain  at  the 
discretion of the Member States, who will have to report to the Commission. 

Article 9 obliges Member States to prohibit aerial spraying but allows for derogations. Aerial 
spraying should be prohibited because of its high potential to cause adverse effects on human 
health  and  the  environment  from  spray  drift.  Derogations  could  be  granted  where  aerial 
spraying  has  clear  advantages  and  environmental  benefits  compared  to  other  spraying 
methods or where there are no viable alternatives. Detailed requirements for derogation will 
be adopted at the level of the Member States, on which they shall report to the Commission. 

Article 10 obliges Member States to require farmers and other professional pesticide users to 
pay particular attention to the protection of the aquatic environment through measures such as 
buffer strips and hedges along water courses or other appropriate measures aiming at limiting 
drifts. 

Article  11  obliges  Member  States  to  designate  areas  where  greatly  reduced  or  zero  use  of 
pesticides is to be allowed in coherence with measures taken under other legislation (such as 
the Water Framework Directive, the Birds Directive, the Habitats Directive, etc.). Such areas 
shall also be designated so as to address the specific protection needed by vulnerable groups 
such  as  children.  Member  States  shall  report  on  the  measures  taken  in  order  to  develop 
guidance, criteria for selecting areas and best practices. 

Article 12 obliges Member States to adopt measures to address "point source" emissions, in 
particular from mixing, loading and cleaning. They shall also be required to take measures to 
avoid  dangerous  handling  operations  by  non-professional  users.  Exchange  of  information 
between the Member States on their national initiatives and on the progress achieved will be 
organised  through  reporting,  involving  also  stakeholders  that  are  particularly  active  in  this 
area. 

Article  13  requests  Member  States  to  take  the  necessary  measures  in  order  to  establish  the 
conditions essential for implementation of Integrated Pest Management. General standards for 
integrated  pest  management  shall  be  developed  and  shall  become  mandatory  as  of  2014. 
Additionally,  Community-wide  specific  IPM  standards  shall  be  developed  for  particular 
crops,  but  their  implementation  shall  remain  voluntary.  Member  States  shall  report  on  the 
measures  taken  in  order  to  establish  the  conditions  for  implementation  of  Integrated  Pest 

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11 

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Management,  to  ensure  implementation  of  general  standards  of  IPM,  and  to  encourage  the 
implementation of crop-specific standards of IPM by pesticide users. 

Article  14  states  that  Member  States  will  be  obliged  to  collect  and  report  statistical 
information  on  placing  on  the  market  and  use  of  pesticides-the  details  are  proposed  in  the 
Regulation  concerning  statistics  on  plant  protection  products.  This  information  will  be  the 
basis  for  calculating  appropriate  risk  indicators,  which  are  necessary  to  monitor  progress  in 
the  reduction  of  overall  risks  from  the  use  of  pesticides.  Work  on  the  development  of 
harmonised risk indicators is ongoing.  When  finalised, a common set of risk indicators  will 
eventually be agreed by the Commission and the Member States. Until then, Member States 
can continue to use their current indicators. In order to evaluate the impact of this Directive 
and other measures of the Thematic Strategy in reducing overall risks, the Commission shall 
draw  up  reports  analysing  the  trends  in  the  development  of  the  indicators  reported  by  the 
Member States. 

Article  15  requires  the  Commission  to  regularly  report  to  the  European  Parliament  and  the 
Council, based on the reports provided by Member States on the measures that they adopt to 
achieve the objectives of this Framework Directive. 

Articles 16 to 22 contain standard provisions regarding Comitology, standardisation, penalties 
and entry into force. 

Annexes 

The Annexes contain details regarding various measures that Member States have to adopt in 
accordance with the Articles of the Directive. Annexes may be modified in accordance with 
Article  18,  in  the  light  of  experience  and  needs  identified  from  the  system  of  information 
exchange and the discussions in the Expert Group. 

Annex I lists the elements that have to be addressed in the training programmes. 

Annex II contains the essential requirements for the inspections and maintenance verifications 
to be carried out for application equipment in use. 

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2006/0132 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

establishing a framework for Community action to achieve a sustainable use of 
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 
175(1) thereof, 

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Economic and Social Committee5, 

Having regard to the opinion of the Committee of the Regions6, 

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

Whereas: 

(1) 

(2) 

In  line  with  Articles  2  and  7  of  Decision  No  1600/2002/EC  of  the  European 
Parliament  and  of  the  Council  of  22  July  2002  laying  down  the  Sixth  Community 
Environment  Action  Programme7,  a  common  legal  framework  for  achieving  a 
sustainable use of pesticides should be established. 

The measures provided for in this Directive should be complementary to and not affect 
measures  laid  down  in  other  related  Community  legislation,  in  particular  Regulation 
(EC)  no  […]  on  plant  protection  products8,  Directive  2000/60/EC  of  the  European 
Parliament  and  the  Council  of  23  October  2000  establishing  a  framework  for 
Community action in the field of water policy9; Regulation (EC) No 396/2005 of the 
European Parliament and the Council 23 February 2005 on maximum residue levels of 

4 
5 
6 
7 
8 
9 

OJ C , , p.  
OJ C , , p.  
OJ C , , p.  
OJ L 242, 10.9.2002, p. 1. 
OJ L […] 
OJ  L  327,  22.12.2000,  p.  1.  Directive  as  last  amended  by  Decision  No  2455/2001/EC  (OJ  L  331, 
15.12.2001, p. 1). 

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13 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

pesticides  in  or  on  food  and  feed  of  plant  and  animal  origin  and  amending  Council 
Directive 91/414/EEC10. 

National action plans aiming at setting objectives for the reduction of risks, including 
hazards,  and  dependency  of  pesticide  use  and  at  promoting  non-chemical  plant 
protection should be used by Member States in order to facilitate the implementation 
of this Directive. The national action plans may  be  coordinated  with  implementation 
plans  under  other  relevant  Community  legislation  and  could  be  used  for  grouping 
together  objectives  to  be  achieved  under  other  Community  legislation  related  to 
pesticides. 

The exchange of information on the objectives and actions Member States lay down in 
their national action plans is a very important element for achieving the objectives of 
this Directive. Therefore, it is appropriate to request Member States to report regularly 
to the Commission and the other Member States, in particular on the implementation 
and results of their national action plans and on their experiences. 

For the preparation and modification of the national action plans, it is appropriate to 
provide for the application of Directive 2003/35/EC of the European Parliament and of 
the  Council  of  26  May  2003  providing  for  public  participation  in  respect  of  the 
drawing  up  of  certain  plans  and  programmes  relating  to  the  environment  and 
amending with regard to public participation and access to justice Council Directives 
85/337/EEC and 96/61/EC11. 

It is desirable that Member States set up systems of training for distributors, advisors 
and professional users of pesticides whereby those who use or will use pesticides are 
fully  aware  of  the  potential  risks  to  human  health  and  the  environment  and  of  the 
appropriate measures to reduce those risks as much as possible. Training activities for 
professional  users  may  be  co-ordinated  with  those  organised  in  the  framework  of 
Council  Regulation  (EC)  No  1698/2005  of  20  September  2005  on  support  for  rural 
development by the European Agricultural Fund for Rural Development (EAFRD)12. 

Considering the possible risks from the use of pesticides, the general public should be 
better  informed  on  risks  related  to  the  use  of  pesticides  through  awareness-raising 
campaigns, information passed on through retailers and other appropriate measures. 

To  the  extent  that  the  handling  and  application  of  pesticides  requires  the  setting  of 
minimum health and safety requirements at the workplace, covering the risks arising 
from exposure of workers to such products, as well as general and specific preventive 
measures  to  reduce  those  risks,  those  measures  are  covered  by  Council  Directive 
98/24/EC of 7 April 1998 on the protection of the health and safety of workers from 
the  risks  related  to  chemical  agents  at  work13  and  Directive  2004/37/EC  of  the 

10 

11 
12 
13 

OJ L 70, 16.3.2005, p. 1.Regulation as amended by Commission Regulation (EC) No 178/2006 (OJ L 
29, 2.2.2006, p. 3). 
OJ L 156, 25.6.2003, p. 17. 
OJ L 277, 21.10.2005, p. 1.  
OJ L 131, 5.5.1998, p. 11. Directive as amended by the 2003 Act of Accession. 

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14 

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European Parliament and of the Council of 29 April 2004 on the protection of workers 
from the risks related to their exposure to carcinogens or mutagens at work14. 

(9) 

Since Directive 2006/42/EC of the European Parliament and of the Council of 17 May 
2006 on machinery, and amending Directive 95/16/EC (recast)15 will provide for rules 
on  the  placing  on  the  market  of  pesticide  application  equipment  ensuring  that 
environment  requirements  are  met,  it  is  appropriate,  in  order  to  further  reduce  the 
adverse  impacts  of  pesticides  on  human  health  and  the  environment  caused  by  such 
equipment,  to  provide  for  systems  for  regular  technical  inspection  of  pesticide 
application equipment already in use. 

(10)  Aerial spraying of pesticides has the potential to cause significant adverse impacts on 
human  health  and  the  environment,  in  particular  from  spray  drift.  Therefore,  aerial 
spraying shall be generally banned with derogation possible where it represents clear 
advantages  and  also  offers  environmental  benefits  compared  to  other  spraying 
methods, or where there are no viable alternatives. 

(11)  The aquatic environment is especially sensitive to pesticides. It is therefore necessary 
that particular attention is paid to avoid pollution of surface water and groundwater by 
taking  appropriate  measures  such  as,  the  establishment  of  buffer  strips  or  planting 
hedges  along  surface  waters  to  reduce  exposure  of  water  bodies  to  spray  drift.  The 
dimensions of buffer zones should depend in particular on soil characteristics, climate, 
size of the watercourse, as well as agricultural characteristics of areas concerned. Use 
of  pesticides  in  areas  for  the  abstraction  of  drinking  water,  on  or  along  transport 
routes, such as railway lines, on sealed or very permeable surfaces can lead to higher 
risks  of  pollution  of  the  aquatic  environment.  In  such  areas,  pesticide  use  should, 
therefore, be reduced as far as possible, or eliminated, if appropriate. 

(12)  Use of pesticides can be particularly dangerous in very sensitive areas, such as Natura 
2000 sites protected in accordance with Council Directive 79/409/EEC of 2 April 1979 
on the conservation of wild birds16, and Council Directive 92/43/EEC of 21 May 1992 
on the conservation of natural habitats and of wild fauna and flora17. In other places 
such  as  public  parks,  sports  grounds  or  children’s  playgrounds,  the  risks  from 
exposure to pesticides of the general public are high. Use of pesticides in those areas 
should, therefore, be reduced as far as possible, or eliminated, where appropriate. 

(13)  Handling  of  pesticides,  including  diluting  and  mixing  the  chemicals  and  cleaning  of 
application equipment after use, and discharge of tank surplus, empty packaging and 
unused  pesticides  are  particularly  prone  to  unwanted  exposure  of  humans  and  the 
environment. Therefore, it is appropriate to provide for specific measures addressing 
those activities as a complement to the measures provided for under Articles 4 and 8 
of  Directive  2006/12/EC  of  the  European  Parliament  and  of  the  Council  of  5  April 

14 
15 
16 

17 

OJ L 158, 30.4.2004, p. 50. 
OJ L 157, 9.6.2006, p. 24. 
OJ L 103, 25.4.1979, p. 1. Directive as last amended by Regulation (EC) 807/2003 (OJ L122, 6.5.2003, 
p. 36). 
OJ L 206, 22.7.1992, p. 7. Directive 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). 

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2006  on  waste18,  and  Articles  2  and  5  of  Council  Directive  91/689/EEC  of  12 
December 1991 on hazardous waste19. Those specific measures should also encompass 
non-professional  users,  since  inappropriate  handling  is  very  likely  to  occur  in  this 
group of users due to the lack of knowledge. 

(14)  The  application  of  general  standards  of  Integrated  Pest  Management  by  all  farmers 
would result in a better targeted use of all available pest control measures, including 
pesticides. Therefore, it contributes to a further reduction of the risks to human health 
and the environment. Member States should promote low pesticide-input farming, in 
particular  Integrated  Pest  Management,  and  establish  necessary  conditions  for 
implementation  of  integrated  pest  management  techniques.  Additionally,  Member 
States  should  encourage  the  use  of  crop-specific  standards  of  Integrated  Pest 
Management. 

(15) 

It is necessary to measure the progress achieved in the reduction of risks and adverse 
impacts from pesticide use for human health and the environment. Appropriate means 
are  harmonised  risk  indicators  that  will  be  established  at  Community  level.  Member 
States  should  use  those  indicators  for  risk  management  at  national  level  and  for 
reporting  purposes,  while  the  Commission  should  calculate  indicators  to  evaluate 
progress at Community level. Until common indicators are available, Member States 
should be entitled to use their national indicators. 

(16)  Member States should lay down rules on penalties applicable to infringements of the 
provisions  of  this  Directive  and  ensure  that  the  provisions  are  implemented.  The 
penalties should be effective, proportionate and dissuasive. 

(17)  Since  the  objectives  of  this  Directive,  namely  to  protect  human  health  and  the 
environment  from  the  possible  risks  associated  with  the  use  of  pesticides,  cannot  be 
sufficiently  achieved  by  the  Member  States  and  can  therefore  be  better  achieved  at 
Community  level,  by  reason  of  scale  and  effects  of  the  action,  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 Directive does not go beyond what is necessary in order to achieve those 
objectives. 

(18)  This Directive respects the fundamental rights and observes the principles recognised 
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In 
particular,  this  seeks  to  promote  the  integration  into  Community  policies  of  a  high 
level  of  environmental  protection  in  accordance  with  the  principle  of  sustainable 
development as laid down in Article 37 of the Charter of Fundamental Rights of the 
European Union. 

18 
19 

OJ L 114, 27.4.2006, p. 9. 
OJ  L  377,  31.12.1991,  p.  20.  Directive  as  last  amended  by  Regulation  (EC)  No  166/2006  of  the 
European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1). 

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16 

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(19)  The measures necessary for the implementation of this Directive 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 Commission20. 

HAVE ADOPTED THIS DIRECTIVE: 

Chapter I 
General Provisions 

Article 1 
Subject matter 

This Directive establishes a framework for achieving a more sustainable use of pesticides by 
reducing the risks and impacts of pesticide use on human health and the environment in a way 
that is consistent with the necessary crop protection. 

Article 2 
Scope 

1. 

2. 

This  Directive  shall  apply  to  pesticides  in  the  form  of  plant  protection  products  as 
defined  in  Regulation  (EC)  No  […]  concerning  the  placing  of  plant  protection 
products on the market. 

This  Directive  shall  apply  without  prejudice  to  any  other  relevant  Community 
legislation. 

Article 3 
Definitions 

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

(a) 

(b) 

‘use’  means  all  operations  carried  out  with  a  pesticide,  such  as  storage,  handling, 
dilution, mixing, and application 

‘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 

(c) 

‘distributor’  means  any  natural  or  legal  person  who  makes  a  pesticide  available  on 
the market, including wholesalers, retailers, vendors, suppliers 

20 

OJ L 184, 17.7.1999, p. 23. 

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17 

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(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

‘adviser’  means  any  natural  or  legal  person  who  provides  advises  on  the  use  of 
pesticides,  including  private  self-employed  advising  services,  commercial  agents, 
food producers or retailers where relevant 

‘pesticide application equipment’ means any apparatus specifically designed for the 
application of pesticides or pesticide-containing products 

‘pesticide  application  accessories’  means  devices  that  can  be  mounted  on  pesticide 
application  equipment,  that  are  essential  for  its  good  working,  such  as  nozzles, 
manometers, filters, strainers and cleaning devices for tank 

‘aerial spraying’ means any application of pesticides by aircraft or helicopter 

‘integrated  pest  management’  means  integrated  pest  management  as  defined  in 
Regulation (EC) No […] 

‘risk indicator’ means a parameter that can be used to evaluate pesticide use impacts 
on human health and the environment. 

Article 4 
National action plans to reduce risks and dependence on pesticides 

1. 

Member  States  shall  adopt  national  action  plans  to  set  up  targets,  measures  and 
timetables to reduce risks, including hazards, and dependence on pesticides. 

When drawing up and revising their national action plans, Member States shall give 
due consideration to the social, economic and environmental impacts of the measures 
envisaged. 

Within  three  years  after  the  entry  into  force  of  this  Directive,  Member  States  shall 
communicate their national action plans to the Commission and to the other Member 
States. 

The national action plans shall be reviewed at least every five years and any changes 
to the national action plans shall be reported to the Commission without undue delay. 

Where  relevant,  the  Commission  shall  make  the  information  communicated  in 
accordance with paragraph 2 available to third countries. 

The  provisions  on  public  participation  as  laid  down  in  Article  2  of  Directive 
2003/35/EC shall apply to the preparation and the modification of the national action 
plans. 

2. 

3. 

4. 

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Chapter II 
Training, Awareness programmes, and Sales of pesticides 

Article 5  
Training 

1. 

2. 

3. 

1. 

2. 

3. 

Member States shall ensure that all professional users, distributors and advisers have 
access to appropriate training. 

The  training  shall  be  designed  so  as  to  ensure  that  sufficient  knowledge  on  the 
subjects listed in Annex I is acquired. 

Within  two  years  from  the  date  referred  to  in  Article  20(1),  Member  States  shall 
establish  certificate  systems  providing  evidence  of  attendance  to  a  whole  training 
session covering as a minimum the subjects listed in Annex I. 

The Commission may, in accordance with the procedure referred to in Article 18(3), 
amend Annex I for adaptation to technical and scientific progress. 

Article 6  
Requirements for sales of pesticides 

Member  States  shall  ensure  that  distributors  selling  pesticides  classified  as  toxic  or 
very toxic pursuant to Directive 1999/45/EC of the European Parliament and of the 
Council21,  have  at  least  one  person  in  their  employment,  who  has  a  certificate 
referred to in Article 5(2), and who shall be present and available at the place of sales 
to provide information to customers as regards pesticide use. 

Member  States  shall  take  the  necessary  measures  to  ensure  that  sales  of  pesticides 
that  are  not  authorised  for  non-professional  use  shall  be  restricted  to  professional 
users holding a certificate referred to in Article 5(2). 

Member States shall require distributors placing pesticides for non-professional use 
on the market to provide general information regarding the risks of pesticide use, in 
particular on hazards, exposure, proper storage, handling and application, as well as 
disposal. 

The  measures  provided  for  in  paragraphs  1  and  2  shall  be  established  within  four 
years from the date referred to in Article 20(1). 

21 

OJ L 200, 30.7.1999, p. 1. 

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Article 7 
Awareness programmes 

Member  States  shall  promote  and  facilitate  awareness  programmes  and  availability  of 
information  relating  to  pesticides  for  the  general  public,  in  particular  regarding  their  health 
and environmental effects and non-chemical alternatives. 

Chapter III 
Pesticide application equipment 

Article 8 
Inspection of equipment in use 

1. 

2. 

3. 

4. 

5. 

Member  States  shall  ensure  that  pesticide  application  equipment  and  accessories  in 
professional use shall be subject to inspections at regular intervals. 

For  that  purpose,  they  shall  establish  certificate  systems  designed  to  allow  the 
verification of inspections. 

The inspections shall verify that the pesticide application equipment and accessories 
are satisfying the essential health and safety and environmental requirements listed in 
Annex II. 

Pesticide  application  equipment  and  accessories  complying  with  harmonised 
standards developed according to Article 17(1) shall be presumed to comply with the 
essential  health  and  safety  and  environmental  requirements  covered  by  such  a 
harmonised standard. 

Within  five  years  from  the  date  referred  to  in  Article  20(1),  Member  States  shall 
ensure  that  all  pesticide  application  equipment  and  accessories  for  professional  use 
have been inspected at least once, and that only pesticide application equipment and 
accessories having successfully passed inspection are in professional use. 

Member  States  shall  designate  bodies  responsible  for  carrying  out  the  inspections 
and inform the Commission thereof. 

The Commission may, in accordance with the procedure referred to in Article 18(3), 
amend Annex II for adaptation to technical progress. 

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Chapter IV 
Specific Practices and Uses 

Article 9 
Aerial spraying 

1. 

2. 

3. 

4. 

Member States shall prohibit aerial spraying subject to paragraphs 2-6. 

Member States shall define and make public crops, areas and particular requirements 
for application, where by way of derogation from paragraph 1, aerial spraying may 
be authorised. 

Member  States  shall  designate  the  authorities  competent  for  granting  derogations, 
and inform the Commission thereof. 

Derogations may only be granted where the following conditions are fulfilled: 

(a) 

there must be no viable alternatives, or there must be clear advantages in terms 
of reduced impacts on health and the environment in comparison to land-based 
application of pesticides 

(b) 

the pesticides used must be explicitly authorised for aerial spraying 

(c) 

the operator carrying out the aerial spraying must hold a certificate referred to 
in Article 5(2). 

The  authorisation  shall  specify  the  measures  necessary  for  warning  residents, 
bystanders and for protecting the environment in the vicinity of the area sprayed. 

5. 

A  professional  user  wishing  to  apply  pesticides  by  aerial  spraying  shall  submit  a 
request  to  the  competent  authority  accompanied  by  data  supporting  that  the 
conditions referred to in paragraph 4 are fulfilled. 

6. 

The competent authorities shall keep records of derogations granted. 

Article 10 
Specific measures to protect the aquatic environment 

1. 

Member  States  shall  ensure  that,  when  pesticides  are  used  in  the  vicinity  of  water 
bodies, preference is given to: 

(a) 

products that are not dangerous for the aquatic environment 

(b)  most efficient application techniques, including the use of low-drift application 

equipment. 

2. 

Member States shall ensure that appropriate buffer zones, where pesticides must not 
be  applied  or  stored,  are  established  on  fields  adjacent  to  water  courses,  and  in 

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particular  to  safeguard  zones  for  the  abstraction  of  drinking  water  established  in 
accordance with Article 7(3) of Directive 2000/60/EC. 

The  dimensions  of  the  buffer  zones  shall  be  defined  as  a  function  of  the  risks  of 
pollution and the agricultural characteristics of the area concerned. 

3. 

4. 

Member  States  shall  ensure  that  appropriate  measures  are  taken  to  limit  the  aerial 
drift of pesticides at least in vertical crops, including orchards, vineyards, and hops 
directly adjacent to a water course. 

Member States shall ensure that application of pesticides is reduced as far as possible 
or eliminated if appropriate on or along roads, railway lines, very permeable surfaces 
or  other  infrastructure  close  to  surface  water  or  groundwater,  or  on  sealed  surfaces 
with high risk of run-off into surface water or sewage systems. 

Article 11 
Reduction of pesticide use in sensitive areas 

Member  States  shall,  taking  due  account  of  the  necessary  hygiene  and  public  safety 
requirements, ensure that the following measures are adopted: 

(a) 

(b) 

the use of pesticides shall be prohibited or restricted to the minimum necessary 
in areas used by the general public or by sensitive population, at least in parks, 
public gardens, sports grounds, school grounds and playgrounds 

the  use  of  pesticides  shall  be  prohibited  or  restricted  in  special  conservation 
areas  or  other  areas  identified  for  the  purposes  of  establishing  the  necessary 
conservation  measures  in  accordance  with  Articles  3  and  4  of  Directive 
79/409/EEC and Articles 6, 10, and 12 of Directive 92/43/EEC. 

The prohibition or restriction referred to in point (b) may be based on the results of relevant 
risk assessments. 

Article 12 
Handling and storage of pesticides and their packaging and remnants 

1. 

Member  States  shall  adopt  the  necessary  measures  to  ensure  that  the  following 
operations do not endanger the health or safety of humans and the environment: 

(a) 

storage, handling, dilution and mixing of pesticides before application 

(b) 

handling of packaging and remnants of pesticides 

(c) 

treatment of mixtures remaining after application 

(d) 

cleaning of the equipment used for application. 

2. 

Member States shall take all necessary measures regarding pesticides authorised for 
non-professional use to avoid dangerous handling operations. 

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3. 

Member States shall ensure that  storage  areas for pesticides shall be constructed in 
such a way as to prevent unwanted releases. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

1. 

Article 13 
Integrated Pest Management 

Member  States  shall  take  all  necessary  measures  to  promote  low  pesticide-input 
farming, including integrated pest management, and to ensure that professional users 
of pesticides shift towards a more environmentally-friendly use of all available crop 
protection  measures,  giving  priority  to  low-risk  alternatives  wherever  possible,  and 
otherwise  to  the  products  with  minimum  impact  on  human  health  and  the 
environment among the ones available for the same pest problem. 

Member  States  shall  establish  or  support  the  establishment  of  all  necessary 
conditions for implementation of integrated pest management. 

In particular, Member States shall ensure that farmers have at their disposal systems, 
including  training  in  accordance  with  Article  5,  and  tools  for  pest  monitoring  and 
decision making, as well as advisory services on integrated pest management. 

By  30  June  2013,  Member  States  will  report  to  the  Commission  on  the 
implementation  of  paragraphs  2  and  3,  and  in  particular,  whether  the  necessary 
conditions for implementation of integrated pest management are in place. 

Member  States  shall  ensure  that,  at  the  latest  by  1  January  2014,  all  professional 
users of pesticides implement the general standards for Integrated Pest Management. 

Member  States  shall  establish  all  necessary  incentives  to  encourage  farmers  to 
implement crop-specific standards of Integrated Pest Management. 

The  general  standards  for  Integrated  Pest  Management  referred  to  in  paragraph  5 
shall  be  developed  in  accordance  with  the  procedure  laid  down  in  Article  52  of 
Regulation (EC) No […]. 

The crop-specific standards for Integrated Pest Management referred to in paragraph 
6  may  be  developed  in  accordance  with  the procedure  laid  down  in  Article  6(3)  of 
Directive 98/34/EC. 

Chapter V 
Indicators, Reporting and Information Exchange 

Article 14 
Indicators 

The Commission shall, in accordance with the procedure referred to in Article 18(3), 
develop  harmonised  risk  indicators.  Until  those  indicators  are  adopted,  Member 
States  may  continue  to  use  existing  national  indicators  or  adopt  other  appropriate 
indicators. 

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2. 

Member States shall use statistical data collected in accordance with Regulation (EC) 
No [ESTAT...] for the following purposes: 

(a) 

calculation of common and harmonised risk indicators at national level 

(b) 

(c) 

identification of trends in the use of individual active substances, in particular 
when  use  restrictions  have  been  decided  at  Community  level  in  accordance 
with the provisions of Regulation (EC) No […] 

identification  of  priority  active  substances  or  priority  crops  or  unsustainable 
practices  that  require  particular  attention,  or  good  practices  that  can  be  set  as 
examples  in  order  to  achieve  the  objectives  of  this  Directive  in  reducing  risk 
and dependency on plant protection products. 

Member States shall communicate the results of the evaluations carried out pursuant 
to paragraph 2 to the Commission and to the other Member States. 

The  Commission  shall  use  statistical  data  collected  in  accordance  with  Regulation 
(EC) No [ESTAT...] and the information referred to in paragraph 3 to calculate risk 
indicators at Community level, in order to estimate trends in risks from pesticide use. 

This data and information shall also be used by the Commission to assess progress in 
the achievement of the objectives of other Community policies aimed at reducing the 
impact of pesticides on human and animal health and on the environment. 

For  the  purposes  of  paragraph  2(a)  and  paragraph  3,  risk  indicators  shall  be 
calculated on the basis of data inputs concerning hazard and exposure, pesticide use 
records, data on characteristics of pesticides, weather data and soil data. 

3. 

4. 

5. 

Article 15 
Reporting 

The Commission shall regularly submit to the European Parliament and the Council a report 
on  the  progress  in  the  implementation  of  this  Directive,  accompanied  where  appropriate  by 
proposals for amendments. 

Chapter VI 
Final provisions 

Article 16 
Penalties 

Member  States  shall  determine  penalties  applicable  to  infringements  of  the  national 
provisions adopted pursuant to this Directive and shall take all measures necessary to ensure 
that  they  are  implemented.  The  penalties  imposed  shall  be  effective,  proportionate  and 
dissuasive. 

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24 

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Member States shall notify those provisions to the Commission not later than twelve months 
from the date mentioned in Article 20(1) and shall notify it without delay of any subsequent 
amendment affecting them. 

1. 

2. 

3. 

1. 

2. 

3. 

Article 17 
Standardisation 

The  standards  referred  to  in  Article  8(2)  of  this  Directive  shall  be  established  in 
accordance with the procedure provided for in Article 6(3) of Directive 98/34/EC. 

The  request for developing these standards may be established in  consultation with 
the Committee referred to in Article 18(1). 

The Commission shall publish the references of the standards in the Official Journal 
of the European Union. 

When a Member State or the Commission considers that a standard does not entirely 
satisfy  the  essential  requirements  which  it  covers,  the  Commission  or  the  Member 
State  concerned  shall  bring  the  matter  before  the  Committee  set  up  by  Directive 
98/34/EC  giving  its  arguments.  That  Committee  shall  deliver  its  opinion  without 
delay. 

In the light of that Committee's opinion, the Commission shall decide to publish, not 
to publish, to publish with restriction, to maintain, to maintain with restriction or to 
withdraw the references to the harmonised standard concerned in the Official Journal 
of the European Union. 

Article 18 
Committees 

The Commission shall be assisted by the Standing Committee on the Food Chain and 
Animal  Health  established  by  Article  58  of  Regulation  (EC)  No  178/2002  of  the 
European Parliament and of the Council22. 

Where  reference  is  made  to  this  paragraph,  Articles  3  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

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 set at three 
months. 

22 

OJ L 31, 1.2.2002, p. 1. 

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Article 19 
Expenditure 

In  order  to  support  the  establishment  of  a  harmonised  policy  and  systems  in  the  field  of 
sustainable use of pesticides, the Commission may finance: 

(a) 

(b) 

(c) 

1. 

the  development  of  a  harmonised  system  including  an  appropriate  database  for 
gathering  and  storing  all  information  relating  to  pesticide  risk  indicators,  and  for 
making  such  information  available  to  the  competent  authorities,  other  interested 
parties and the general public 

the  performance  of  studies  necessary  for  the  preparation  and  development  of 
legislation,  including  the  adaptation  of  the  Annexes  of  this  Directive  to  technical 
progress 

the  development  of  guidance  and  best  practices  to  facilitate  the  implementation  of 
this Directive. 

Article 20 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [date  of  entry  into  force  +  2 
years] at the latest. They shall forthwith communicate to the Commission the text of 
those provisions and a correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 21 
Entry into force 

This  Directive  shall  enter  into  force  on  the  […]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 22 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

Training programmes 

Training  programmes  shall  be  designed  so  as  to  ensure  that  sufficient  knowledge  on  the 
following subjects is acquired: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

all relevant legislation regarding pesticides and their use 

the  hazards  and  risks  associated  with  pesticides,  and  how  to  identify  and  control 
them, in particular: 

a) 

risks to humans (operators, residents, bystanders, people entering treated areas 
and those handling or eating treated items) and how these are exacerbated by 
factors such as smoking 

b) 

symptoms of pesticide poisoning and first aid measures 

c) 

risks  to  non  target  plants,  beneficial  insects,  wildlife,  biodiversity  and  the 
environment in general 

notions  on  integrated  pest  management  strategies  and  techniques,  integrated  crop 
management  strategies  and  techniques,  and  organic  farming  principles;  information 
on general and crop-specific standards on integrated pest management 

initiation to comparative assessment at user level to help professional users make the 
most appropriate choices among all authorised products for a given pest problem, in 
a given situation 

measures to minimise the risks to humans, non-target species and the environment: 
safe working practices for storing, handling and mixing pesticides, and disposing of 
empty  packaging,  other  contaminated  materials  and  surplus  pesticides  (including 
tank  mixes),  whether  in  concentrate  or  dilute  form;  recommended  way  to  control 
operator exposure (personal protection equipment)  

procedures  for  preparing  application  equipment  for  work,  including  its  calibration, 
and  for  its  operation  with  minimum  risks  to  the  user,  other  humans,  non-target 
animal and vegetal species, biodiversity and the environment 

use of application equipment and its maintenance, and specific spraying techniques 
(e.g.  low-volume  spraying,  low-drift  nozzles),  as  well  as  the  objectives  of  the 
technical check of sprayers in use and ways to improve spray quality 

emergency action to protect human health and the environment in case of accidental 
spillage and contamination 

health monitoring and access facilities to report on any incidents or unease 

10. 

record keeping of any use of pesticides, in accordance with the relevant legislation. 

EN 

27 

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ANNEX II 

Health and Safety as well as Environmental requirements relating to the inspection of 
pesticide application equipment 

The inspection of pesticide application equipment shall cover all aspects important to achieve 
a  high  level  of  safety  and  protection  of  human  health  and  the  environment  and  full 
effectiveness  of  the  application  operation  by  ensuring  proper  performance  of  the  following 
devices and functions, where appropriate: 

(1) 

Power transmission parts 

The  power  take-off  drive  shaft  guard  and  the  guard  of  the  power  input  connection  shall  be 
fitted  and  in  good  condition  and  the  protective  devices  and  any  moving  or  rotating  power 
transmission  parts  shall  not  be  affected  in  their  function  so  as  to  ensure  protection  of  the 
operator. 

(2) 

Pump 

The pump capacity shall be suited to the needs of the equipment and the pump must function 
properly in order to ensure a stable and reliable application rate. There shall be no leakages 
from the pump. 

(3) 

Agitation 

Agitation devices must ensure a proper recirculation in order to achieve an even concentration 
of the whole volume of the liquid spray mixture in the tank. 

(4) 

Spray liquid tank 

Spray tanks including indicator of tank content, filling devices, strainers and filters, emptying 
devices,  and  mixing  devices  shall  operate  in  such  a  way  as  to  minimise  accidental  spillage, 
uneven concentration distributions, operator exposure and residual content. 

(5)  Measuring systems, control and regulation systems 

All devices for measuring, switching on and off and adjusting pressure and/or flow rate shall 
work  reliably  and  there  shall  be  no  leakages.  Control  of  pressure  and  operation  of  pressure 
adjustment  devices  shall  be  easily  possible  during  application.  Pressure  adjustment  devices 
shall  maintain  a  constant  working  pressure  at  constant  revolutions  of  the  pump,  in  order  to 
ensure that a stable volume application rate is applied. 

(6) 

Pipes and hoses 

Hoses and pipes shall be in proper condition to avoid disturbance of liquid flow or accidental 
spillage in case of failure. There shall be no leakages from pipes or hoses when run with the 
maximum obtainable pressure for the system. 

EN 

28 

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(7) 

Filters 

In  order  to  avoid  turbulence  and  heterogeneity  in  spray  patterns,  filters  shall  be  in  good 
condition and the mesh size of the filters shall correspond to the size of nozzles fitted on the 
sprayer. The filter blockage indication system shall operate correctly. 

(8) 

Spray boom (for equipment spraying pesticides by means of a horizontally positioned 
boom, located close to the crop or the material to be treated) 

The  spray  boom  must  be  in  good  condition  and  stable  in  all  directions.  The  fixation  and 
adjustment  systems  and  the  devices  for  damping  unintended  movements  and  slope 
compensation must work reliably. 

(9) 

Nozzles 

Nozzles must work properly to control dripping when spraying stops. To ensure homogeneity 
of the spray pattern, the flow rate of each individual nozzle shall not deviate by more than 5% 
from the data of the flow rate tables provided by the manufacturer. 

(10)  Distribution 

The transverse and vertical (in case of applications in vertical crops) distribution of the spray 
mixture and the distribution in the driving direction must be even. The adequate quantity and 
distribution of the spray mixture on the target area must be ensured. 

(11)  Blower (for equipment distributing pesticides by air assistance) 

The blower must be in good condition and must ensure a stable and reliable air stream. 

EN 

29 

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LEGISLATIVE FINANCIAL STATEMENT 

This document is intended to accompany and complement the Explanatory Memorandum. 
As such, when completing this Legislative Financial Statement, and without prejudice to 
its legibility, an attempt should be made to avoid repeating information contained in the 
Explanatory  Memorandum.  Before  filling  in  this  template,  please  refer  to  the  specific 
Guidelines  that  have  been  drafted  to  provide  guidance  and  clarification  for  the  items 
below.  

1.  NAME OF THE PROPOSAL: 

Proposal for a Directive of the European Parliament and of the Council establishing 
a framework for Community action to achieve a sustainable use of pesticides 

2.  ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Environment  (ABB  Code  0703:  Implementation  of  Community  Environmental  Policy 
and legislation). 

3.  BUDGET LINES 

3.1. Budget lines (operational lines and related technical and administrative assistance 

lines (ex- B..A lines)) including headings : 

Financial  instrument  for  the  Environment  (LIFE+  for  the  2007-2013  period) 
(07.03.07) 

3.2. Duration of the action and of the financial impact: 

For  the  2007-2013  period,  the  appropriations  required  will  be  covered  by  the 
resources  already  foreseen  for  the  LIFE+  programme,  no  additional  amount  is 
requested. 

3.3. Budgetary characteristics (add rows if necessary) : 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

07 03 07 

Non-comp 

Diff 

NO 

NO 

NO 

No [2] 

EN 

30 

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4.  SUMMARY OF RESOURCES 

4.1. Financial Resources 

4.1.1.  Summary of commitment appropriations (CA) and payment 

appropriations (PA)    

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total 

Operational expenditure23 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

A 

B 

0.227  0.161 

0.161 

0.134 

0.134 

0.107 

0.924 

0.151  0.153 

0.170 

0.143 

0.129 

0.109 

0.855 

Administrative expenditure within reference amount24 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

C 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

0.000  0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

Commitment 
Appropriations 

Payment 
Appropriations 

0.227  0.161 

0.161 

0.134 

0.134 

0.107 

0.924 

0.151  0.153 

0.170 

0.143 

0.129 

0.109 

0.855 

A+c 

B+c 

Administrative expenditure not included in reference amount25 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
associated 
not 
included in reference amount 
(NDA) 

costs, 

0.108  0.108 

0.108 

0.108 

0.108 

0.108 

0.648 

0.000 

0.111 

0.031 

0.111 

0.031 

0.111 

0.395 

8.2.5 

D 

8.2.6 

E 

23 
24 
25 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
 
                                                 
 
    Total indicative financial cost of intervention     

TOTAL  CA 
cost 
Resources 

of 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

including 
Human 

a+c
+d+
e 

b+c
+d+
e 

0.335  0.380 

0.300 

0.353 

0.273 

0.326 

1.967 

0.259  0.372 

0.309 

0.362 

0.268 

0.328 

1.898 

Co-financing details 

If the proposal involves co-financing by Member States, or other bodies (please specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table 
below (additional lines may be added if different bodies are foreseen for the provision of 
the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total 

…………………… 

f 

0.000  0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

TOTAL CA including co-
financing 

a+c
+d+
e+f 

0.335  0.380 

0.300 

0.353 

0.273 

0.326 

1.967 

4.1.2.  Compatibility with Financial Programming   

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal will entail reprogramming of the relevant heading in the financial 
perspective. 

Proposal may require application of the provisions of the Interinstitutional 
Agreement26  (i.e.  flexibility  instrument  or  revision  of  the  financial 
perspective). 

4.1.3.  Financial impact on Revenue 

26 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
X 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the 
effect on revenue should be shown in a separate annex. 

Budget line 

Revenue 

Prior to
action 
[2007] 

EUR million (to one decimal place) 

Situation following action 

[2008]

[2009]

[2010]

[2011] 

[2012] 

[2013]
27 

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate 
number of rows to the table if there is an effect on more than one budget line.) 

4.2. Human Resources FTE (including officials, temporary and external staff) – see 

detail under point 8.2.1. 

Annual requirements 

2008 

2009 

2010 

2011 

2012 

2013 
and 
later 

Total 
number 
human resources 

of 

1A*/ 
AD 

1A*/ 
AD 

1A*/ 
AD 

1A*/ 
AD 

1A*/ 
AD 

1A*/ 
AD 

5.  CHARACTERISTICS AND OBJECTIVES 

in  the  Explanatory 
Details  of  the  context  of  the  proposal  are  required 
Memorandum.    This  section  of  the  Legislative  Financial  Statement  should  include 
the following specific complementary information: 

5.1. Need to be met in the short or long term 

27 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
                                                 
 
Better  protection  of  human  health  and  the  environment  against  adverse  effects  of 
pesticides (see Explanatory Memorandum Section ‘Grounds for and Objectives of the 
Proposal). To this aim, financial resources are necessary for: 

–  the  development  of  a  harmonised  system  including  an  appropriate  database 
for gathering and storing all information relating to pesticide risk indicators, 
and for making such information available to the competent authorities, other 
interested parties and the general public; 

–  the performance of studies necessary for the preparation and development of 
legislation,  including  the  adaptation  of  the  Annexes  of  this  Directive  to 
technical progress; and 

–  the  development  of  guidance  and  best  practices 

to 

facilitate 

the 

implementation of this Directive. 

The principles of the Council Regulation (EC, Euratom) No 1605/2002 on the Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities  are  fully 
respected. 

5.2. Value-added of Community involvement and coherence of the proposal with 

other financial instruments and possible synergy 

Without  Community  involvement,  the  current  diverging  situations  in  the  Member 
States would continue (See also Section 3 of the Explanatory Memorandum). 

Operational  expenditure  is  foreseen  within  the  part  of  the  LIFE+  budget  subject  to 
central direct management. 

5.3. Objectives, expected results and related indicators of the proposal in the context 

of the ABM framework 

Reduction  of  the  impacts  of  pesticides  on  human  health  and  the  environment  and 
more generally to achieve a more sustainable use of pesticides as well as a significant 
overall  reduction  in  risks  and  of  the  use  of  pesticides  consistent  with  the  necessary 
crop protection. In particular, the specific objectives: 

(i)  to  minimise  the  hazards  and  risks  to  health  and  environment  from  the  use  of 

pesticides; 

(ii)  to improve controls on the use and distribution of pesticides; 

(iii) to reduce the levels of harmful active substances including through substituting 

the most dangerous with safer (including non-chemical) alternatives; 

(iv) to encourage the use of low-input or pesticide-free crop farming, in particular by 
raising  users'  awareness,  by  promoting  codes  of  good  practices  and 
consideration of the possible application of financial instruments; 

EN 

34 

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(v)  to establish a transparent system for reporting and monitoring the progress made 
in the achievement of the objectives of the strategy including the development of 
suitable indicators. 

Harmonised indicators are to be developed and will be adopted at a later stage. They 
will then be used to monitor implementation and effects. 

5.4. Method of Implementation (indicative) 

Show below the method(s)28 chosen for the implementation of the action. 

X Centralised Management 

X     Directly by the Commission 

   ٱ

Indirectly by delegation to: 

      ٱ Executive Agencies 

      ٱ 

      ٱ 

Bodies set up by the Communities as referred to in 
art. 185 of the Financial Regulation 

National  public-sector  bodies/bodies  with  public-
service mission 

   Shared or decentralised management 

ٱ     With Member States 

ٱ  With Third countries 

ٱ  Joint management with international organisations (please specify) 

Relevant comments: 

28 

If more than one method is indicated please provide additional details in the "Relevant comments" 
section of this point. 

EN 

35 

   EN 

 
   
 
 
 
                                                 
 
6.  MONITORING AND EVALUATION 

6.1. Monitoring system 

Member  States  will  have  to  report  on  all  actions  and  measures  they  adopt  as 
implementation  of  the  Directive,  and  –  once  the  necessary  legislation  is  in  place  – 
about the real use of pesticides. 

Contracts  signed  by  the  Commission  for  the  purpose  of  the  implementation  of  the 
Directive shall provide for supervision and financial control by  the Commission (or 
any representative authorized by it) and audits by the Court of Auditors, if necessary 
on-the-spot. 

6.2. Evaluation 

6.2.1.  Ex-ante evaluation 

See  Impact  Assessment  accompanying  this  proposal  as  a  Commission  Staff 
Working  Paper.  The  impacts  of  all  measures  proposed  were  assessed  from  an 
economic, social, health and environmental point of view. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons 

learned from similar experiences in the past) 

The measures proposed in the Framework Directive are based on the evaluation of 
the  situation  and  the  experience  of  the  Member  States.  The  Impact  Assessment 
took these evaluations into account. 

6.2.3.  Terms and frequency of future evaluation 

Regular evaluation of the effectiveness of the Directive in the ‘Thematic Strategy 
Expert  Group’,  which  will  recommend  appropriate  guidance,  best  practices  and 
necessary amendments to the Directive and its implementation. 

7.  ANTI-FRAUD MEASURES  

Full application of internal control standards No 14, 15, 16, 18, 19, 20, 21, as well as of 
the principles of the Council Regulation (EC, Euratom) No 1605/2002 on the Financial 
Regulation applicable to the general budget of the European Communities. 

The Commission shall ensure that, when actions financed under the present programme 
are  implemented,  the  financial  interests  of  the  Community  are  protected  by  the 
application  of  preventive  measures  against  fraud,  corruption  and  any  other  illegal 
activities,  by  effective  checks  and  by  the  recovery  of  the  amounts  unduly  paid  and,  if 
irregularities  are  detected,  by  effective,  proportional  and  dissuasive  penalties,  in 

EN 

36 

   EN 

 
 
 
accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 
2185/96, and with Regulation (EC) No 1073/1999 of the European Parliament and of the 
Council. 

EN 

37 

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8.  DETAILS OF RESOURCES    

8.1. Objectives of the proposal in terms of their financial cost 

(Headings  of  Objectives,  actions 
and outputs should be provided) 

Type 
of 
output 

Av. 
cost 

2008 

2009 

2010 

2011 

2012 

2013 and later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL  OBJECTIVE  No.1 
development 
and 
maintenance of a database 

   Action  1: 
database 

creation  of 

the 

0.100 

1 

0.100 

0 

0.000 

0 

0.000 

0 

0.000 

0 

0.000 

0 

0.000 

1 

0.100 

Action  2:  maintenance  of 
database. 

the 

0.030 

0 

0.000 

1 

0.030 

1 

0.030 

1 

0.030 

1 

0.030 

1 

0.030 

5 

0.150 

Sub-total Objective 1 

0.100 

0.030 

0.030 

0.030 

0.030 

0.030 

0.250 

OPERATIONAL  OBJECTIVE  No.2   
performance  of  studies  for 
of 
development 
the 
legislation  (adaptation  of 
annexes 
technical 
to 
progress,  development  of 
guidelines) 

   Action  1:  studies  by  an  external 
consultant 

Action  2:  meetings  of  the  Expert 
network 

Sub-total Objective 2 

TOTAL COST 

0.050 

1 

0.050 

2 

0.100 

1 

0.050 

1 

0.050 

1 

0.050 

1 

0.050 

7 

0.350 

0.027 

1 

0.027 

3 

0.081 

3 

0.081 

2 

0.054 

2 

0.054 

1 

0.027 

12 

0.324 

0.077 

0.177 

0.181 

0.211 

0.131 

0.161 

0.104 

0.134 

0.104 

0.134 

0.077 

0.107 

0.674 

0.924 

EN 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2008 

2009 

2010 

2011 

2012 

2013 

A*/AD 

1 

1 

1 

1 

1 

1 

B*, 
C*/AST 

Officials 
or 
temporary 
staff29 
(XX 01 
01) 

Staff  financed30  by 
art. XX 01 02 

staff31 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

1 

1 

1 

1 

1 

1 

8.2.2.  Description of tasks deriving from the action 

Verification  of  implementation  in  the  Member  States  and  organisation  of  system  of 
information exchange in accordance with Article 16 of the proposal leading to measures 
to adapt the Directive or its Annexes to Technical Progress as appropriate. 

8.2.3.  Sources of human resources (statutory) 

 (When more than one source is stated, please indicate the number of posts originating 
from each of the sources) 

29 
30 
31 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
(cid:133) 

Posts  currently  allocated  to  the  management  of  the  programme  to  be 
replaced or extended 

  (cid:133) 

Posts pre-allocated within the APS/PDB exercise for year n 

(cid:133) 

Posts to be requested in the next APS/PDB procedure  

X 

(cid:133) 

Posts  to  be  redeployed  using  existing  resources  within  the  managing 
service (internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise 
of the year in question 

8.2.4.  Other Administrative expenditure included in reference amount (XX 01 

04/05 – Expenditure on administrative management) 

Budget line 

(number and heading) 

2008 

2009 

2010 

2011 

2012 

TOTAL 

and later 

2013 

EUR million (to 3 decimal places) 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

     Executive agencies32 

     Other 

technical  and  administrative 

assistance 

                  - intra muros  

                  - extra muros 

   Total  Technical  and  administrative 
assistance 

0.000 

0.000  0.000  0.000  0.000  0.000 

0.000 

32 

Reference  should  be  made  to  the  specific  legislative  financial  statement  for  the  Executive 
Agency(ies) concerned. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
8.2.5.  Financial cost of human resources and associated costs not included in the 

reference amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4 

Year n+5 

and later 

Officials  and  temporary  staff 
(XX 01 01) 

Staff financed by Art XX 01 02 
(auxiliary,  END,  contract  staff, 
etc.) 

(specify budget line) 

Total cost of Human 
Resources and associated 
costs (NOT in reference 
amount) 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

Calculation– Officials and Temporary agents 

 Reference should be made to Point 8.2.1, if applicable 

The standard salary for 1A* /AD as foreseen in Point 8.2.1 is 0.108 M€. 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
  
 
 
 
 
8.2.6 Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

2009 

2010 

2011 

2012 

2008 

2013 

and 
later 

TOTAL 

     XX 01 02 11 01 – Missions 

0.000 

0.004  0.004 

0.004 

0.004 

0.004 

0.020 

     XX 01 02 11 02 – Meetings & Conferences 

0.000 

0.080  0.000 

0.080 

0.000 

0.080 

0.240 

     XX 01 02 11 03 – Committees33  

0.000 

0.027  0.027 

0.027 

0.027 

0.027 

0.135 

     XX 01 02 11 04 – Studies & consultations 

0.000 

0.000  0.000 

0.000 

0.000 

0.000 

0.000 

     XX 01 02 11 05 - Information systems 

0.000 

0.000  0.000 

0.000 

0.000 

0.000 

0.000 

 2 

  Total  Other  Management 
Expenditure (XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

0.000 

0.111 

0.031 

0.111 

0.031 

0.111 

0.395 

Calculation - Other administrative expenditure not included in reference amount 

4 missions with a unit cost of 1 000€ are foreseen every year from 2009 to 2013, in order 
to  explain  the  objectives  and  measures  of  the  Thematic  Strategy  and  help  their 
implementation in Member States. 

33 

Specify the type of committee and the group to which it belongs. 

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
The  organisation  of  1 conference  (unit  cost:  80 000€)  is  foreseen  every  two  years  from 
2009  to  2013,  in  order  to  consult  stakeholders  and  competent  authorities  on  the 
implementation of the measures of the Thematic Strategy. 

Meetings of the Committee (unit cost: 27 000€) are foreseen every year as from 2009, in 
order to allow information exchange, in view of adoption of appropriate guidelines and 
recommendations to strive for more harmonisation between Member States. 

The needs for human and administrative resources shall be covered within the allocation 
granted to the managing DG in the framework of the annual allocation procedure. 

EN 

43 

   EN