Opinion of the Committee of the Regions on a Thematic Strategy on the Sustainable Use of Pesticides
Date: 2007-02-13
Institutions: European Committee of the Regions
Subjects: derogation from EU law, environmental protection, market approval, pesticide, pharmaceutical product, plant health product, pollution control measures, water protection

C 146/48

EN

Official Journal of the European Union

30.6.2007

Opinion of the Committee of the Regions on a Thematic Strategy on the Sustainable Use of
Pesticides

(2007/C 146/06)

THE COMMITTEE OF THE REGIONS

— welcomes the Commission's thematic strategy, since it provides for an integrated and holistic approach

to pesticides which promotes further, necessary environmental improvements in this field;

— regrets that existing legislation has not been able to prevent pesticide residues in foods from increasing
over the years, and therefore welcomes the fact that the thematic strategy is intended to step up the
monitoring of pesticide residues in foods;

— finds that the proposed system of zones, included in the proposal for a regulation concerning the
placing of plant protection products on the market, does not take adequate account of geological,
geographical and hydrological factors within each zone. These differences mean that the risk of
dangerous pesticides filtrating and leaching varies, and this should be reflected in the legislation;
regrets that the zones do not take into consideration existing standards for pesticide regulation in the
Member States;

— finds that the Commission's proposal for compulsory mutual recognition of pesticides within zones is
not an ideal solution, since this could lead to an increase in pesticide contamination of surface waters;

— considers that the legal basis for the Regulation (COM(2006) 388) should be extended to include

Treaty Article 175, which covers the environment;

— calls for quantitative objectives to be developed eventually for reducing pesticide use.

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Official Journal of the European Union

C 146/49

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions: A Thematic Strategy on the
Sustainable Use of Pesticides (COM(2006) 372 final), the 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) 373 final — 2006/0132 (COD)) and the Proposal for a Regulation of the European Parliament
and of the Council concerning the placing of plant protection products on the market (COM(2006) 388
final — 2006/0136 (COD));

Having regard to the decision of the European Commission of 12 July 2006 to consult it on these docu-
ments, taken under Article 265, 3rd paragraph (COM(2006) 372 final), Article 175, 1st paragraph in
conjunction with Article 265, 1st paragraph (COM(2006) 373 final — 2006/0132 (COD)) and Article 152,
4th paragraph in conjunction with Article 265, 1st paragraph (COM(2006) 388 final — 2006/0136 (COD))
of the Treaty establishing the European Community;

Having regard to its Bureau's decision of 25 April 2006 to instruct the Commission for Sustainable Devel-
opment to draw up an opinion on this subject;

Having regard to its opinion on the Commission Proposal for a Council Directive establishing a framework
for Community action in the field of water policy (COM(1997) 49 final — CdR 171/97 fin (1));

Having regard to its opinion of 6 December 2006 on the Communication from the Commission: Halting
the loss of biodiversity by 2010 — and beyond, COM (2006) 216 final — CdR 159/2006 fin;

Having regard to its draft opinion (CdR 316/2006 rev. 1) adopted on 27 November 2006 by its Commis-
sion for Sustainable Development (rapporteur: Mr Bjørn Dahl, Mayor of Roskilde, DK, ALDE);

unanimously adopted the following opinion at its 68th plenary session, held on 13 and 14 February
2007 (meeting of 13 February):

1. Views of the Committee of the Regions

The Committee of the Regions

General comments

1.6
is pleased to note that the strategy includes tools for
monitoring and reporting on progress made by the Member
States towards achieving its goals;

1.1 welcomes the Commission's thematic strategy, since it
provides for an integrated and holistic approach to pesticides
which promotes further, necessary environmental improvements
in this field;

1.7
recognises that sensible use of pesticides brings substan-
tial productivity improvements, as stated in the Commission's
impact assessment (SEC(2006) 894), but also recognises that
use of these products still has a serious impact on the environ-
ment;

endorses the Commission's ongoing update of proce-
1.2
to the European Food Safety
dures and functions relevant
Authority, thus ensuring that EU rules in this area are in line
with the latest relevant scientific findings — thereby benefiting
the environment and human health;

supports the objectives of

1.3
the thematic strategy to
improve protection of the environment and health by restricting
the use of pesticides and encouraging research on less harmful
alternatives;

agrees

1.4
should not
that data protection provisions
include data produced through animal testing. This is to ensure
that tests are not repeated unnecessarily and to help restrict as
much as possible the use of animal testing;

1.8
also recognises that the pesticide industry is a major
employer in the EU, providing a total of 26 000 jobs; is there-
fore pleased to note that according to the impact assessment
the thematic strategy will create a further 3 000 jobs in the
sector, provide a minimum of EUR 380 million in profits for
agriculture, and is also consistent with the objectives of the
Lisbon strategy;

1.5 welcomes the fact that the thematic strategy is intended
to provide guidelines on the use of pesticides for which current
Community legislation has been inadequate;

(1) OJ C 180 of 11.6.1998, p. 38.

1.9 welcomes the fact that the strategy tries to increase
safety in the use of pesticides, through inspection and certifica-
tion of equipment, promoting safe storage of pesticides and
training measures for distributors and professional users. This
will make pesticide use more effective, benefiting all
those
concerned;

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Official Journal of the European Union

30.6.2007

1.10
regrets that existing legislation has not been able to
prevent pesticide residues in foods from increasing over the
years, and therefore welcomes the fact
the thematic
strategy is intended to step up the monitoring of pesticide resi-
dues in foods, and urges the rigorous testing for pesticide resi-
dues of imported foods and feedstuffs particularly from coun-
tries where restrictions of pesticide use may be less stringent;

that

2.2
finds that the Commission's proposal for compulsory
mutual recognition of pesticides within zones is not an ideal
solution, since this could lead to an increase in pesticide
contamination of surface waters, which would constitute a
threat to aquatic organisms and in some cases also to regions'
unique bird and vertebrate populations; considers the approach
to be inconsistent with the general requirement of the Water
Framework Directive not to worsen the situation with respect to
bodies of water;

1.11
is pleased that the proposal for a framework directive
to achieve a sustainable use of pesticides refers to the Water
Framework Directive. This is intended to strengthen the coher-
ence of the EU's efforts to protect the environment; therefore
calls for a reference to the Water Framework Directive in the
proposal
for a Regulation concerning the placing of plant
protection products on the market;

thinks that the objectives pursued through mutual recog-
2.3
nition could be reached through increased cooperation and
data-sharing between the Member States in the zones, with a
view to prompt inspection of
the resources that have been
approved in another country in the zone; therefore believes
that compulsory mutual recognition of pesticides is an inap-
propriate tool; thinks that if recognition is maintained, the
consequences of the division into zones should be better eluci-
dated with a view to adjusting the zones in any case;

fully

understands

the Commission's wish

to
1.12
strengthen competition, dynamism and free trade in the Euro-
pean Union, but believes it
the
thematic strategy on pesticides
to prioritise environmental
considerations and public health;

is crucially important

for

1.13
therefore believes that the recommendation contained
in the proposal for a Regulation regarding compulsory mutual
recognition of pesticides within the three zones is inappropriate
when set against the existing provisions. Different situations
prevail
in the Member States within the same zone, which
means that each Member State must be able to continue to
apply more rigorous pesticide standards. For example, untreated
groundwater is used as drinking water in several Member States.
Compulsory introduction of pesticides
that were hitherto
banned will threaten this practice, with economic consequences
for local and regional authorities and for the Member States.
The Committee would point out that being able to drink
high-quality water direct
from the tap is a quality-of-life
improvement.

2. Recommendations of the Committee of the Regions

calls

for more

2.4
environmental protection
rigorous
criteria, because the current criteria are not sufficient to main-
tain the existing high level of protection; but supports the
introduction of exclusion criteria for the approval of active
substances. Such criteria are justified on grounds of the health
effects;

the

that

considers

legal basis

2.5
the Regulation
(COM(2006) 388) should be extended to include Treaty Article
175, which covers the environment. This would have implica-
tions when considering future questions of interpretation and
Member States' environmental protection measures;

for

supports

2.6
substituting
certain plant protection products with less hazardous products
or non-chemical alternatives;

introducing the principle of

urges that

the criteria for

2.7
selecting alternatives be
improved so that it is possible to replace more substances. The
rules should also be improved so that it is possible for the
Member States to substitute plant protection products based on
the properties of their adjuvants;

2.1
finds that the proposed system of zones does not take
adequate account of geological, geographical and hydrological
factors within each zone. These differences mean that the risk of
dangerous pesticides filtrating and leaching varies, and this
should be reflected in the legislation; regrets that the zones do
not take into consideration existing standards for pesticide regu-
lation in the Member States. If the zone-based approach is main-
tained, more zones should at least be created.
If the zones
system is adopted, a way should be found of providing for
mutual recognition of plant protection product authorisations
in neighbouring regions belonging to different zones, with due
regard for the protection of consumers and the environment;

urges that pesticides which can seep into the ground-
included among high-risk
should consistently be

2.8
water
substances in the Regulation;

2.9
calls for the authorisation of active substances in plant
protection products not to be limited after the initial renewal at
the end of 10 years. Failure to renew would have a negative
impact on the environment and health if, for instance, new data
requirements or new guidelines were introduced for the assess-
ment;

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2.10
opposes the introduction of a looser approval proce-
dure for plant protection products containing active substances
which are assessed as ‘low risk’. All plant protection products
can carry a certain risk for humans and nature, and must there-
fore be subject to a thorough approval procedure;

2.11
recommends that the sale and distribution of pesti-
cides is carried out under the supervision of an accredited
expert or competent medical personnel;

2.12
calls for quantitative objectives to be developed even-
tually for reducing pesticide use, in line with the recommenda-
tions of
the 6th Framework Programme; also calls for the
promotion of production methods that make little or no use of
pesticides, as is the case with organic farming;

2.13
calls for the incorporation in Articles 21 and 43 of the
Regulation of a direct reference to the Water Framework Direc-
tive Article 4(1);

2.14 welcomes the fact that there has been a comprehensive
consultation process on the thematic strategy which has
included local and regional authorities; also calls for their invol-
vement to be stepped up by including them in the Expert
Group on the Thematic Strategy, which is tasked with advising
on best practice and monitoring implementation of the strategy.
Local and regional authorities must also be involved in drawing
up and implementing the national action plans. Their unique
understanding of local situations enables them to make a useful
contribution in these forums, which should involve civil society.

Recommendation 1

Article 30 of the Proposal for a Regulation of the European Parliament and of the Council
concerning the placing of plant protection products on the market

COM(2006) 388 final — 2006/0136 (COD)

European Commission text

Article 30

Contents

CoR amendment

Article 30

Contents

The authorisation shall define the crops on which
1.
and the purposes for which the plant protection product
may be used.

The authorisation shall define the crops on which and
1.
the purposes for which the plant protection product may
be used.

The authorisation shall set out

2.
the requirements
relating to the placing on the market and use of the plant
include the
protection product. Those requirements shall
conditions of use necessary to comply with the conditions
and requirements provided for in the Regulation approving
the active substances, safeners and synergists. The authori-
sation shall include a classification of the plant protection
product for the purpose of Directive 1999/45/EC.

set out

The authorisation shall

2.
the requirements
relating to the placing on the market and use of the plant
include the
protection product. Those requirements shall
conditions of use necessary to comply with the conditions
and requirements provided for in the Regulation approving
the active substances, safeners and synergists. The authori-
sation shall include a classification of the plant protection
product for the purpose of Directive 1999/45/EC.

The requirements referred to in paragraph 2 may

3.
include:

The requirements referred to in paragraph 2 may

3.
include:

(a) a restriction of the product with respect to the distribu-
tion and use of the plant protection product to protect
the health of
the distributors, users and workers
concerned;

(a) a restriction of the product with respect to the distribu-
tion and use of the plant protection product to protect
the health of
the distributors, users and workers
concerned and the environment;

(b) the obligation to inform any neighbours who could be
exposed to the spray drift before the product is used
and who have requested to be informed.

(b) the obligation to inform any neighbours who could be
exposed to the spray drift before the product is used
and who have requested to be informed.

Reason

It is necessary to add ‘environment’ to the text in Article 30(3) to ensure the protection of the environment,
including groundwater. The recent adoption of the Directive of the European Parliament and the Council on
the protection of groundwater sets limit values for pesticides in groundwater. The proposal for a Regulation
should not interfere with Member States' obligations to comply with the Groundwater Directive. Therefore it
should be possible for Member States to establish national restrictions according to national conditions
when authorising plant protection products to be able to comply with the Groundwater Directive.

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Official Journal of the European Union

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Recommendation 2

Article 40 of the Proposal for a Regulation of the European Parliament and of the Council
concerning the placing of plant protection products on the market

COM(2006) 388 final — 2006/0136 (COD)

European Commission text

Article 40

Authorisation

Amendment

Article 40

Authorisation

1.
The Member State to which an application under
Article 39 is submitted shall authorise the plant protection
including
product concerned under the same conditions,
classification for the purpose of Directive 1999/45/EC, as
the reference Member State.

1.
The Member State to which an application under
Article 39 is submitted shall authorise the plant protection
including
product concerned under the same conditions,
classification for the purpose of Directive 1999/45/EC, as
the reference Member State.

By way of derogation from paragraph 1 and subject
2.
be
additional
to Community
imposed with respect to the requirements referred to in
Article 30(3).

conditions may

law,

By way of derogation from paragraph 1 and subject
2.
be
additional
to Community
imposed with respect to the requirements referred to in
Article 30(3).

conditions may

law,

3.
By way of derogation from paragraph 1 and subject
to Community law, the Member State to which an applica-
tion under Article 39 is submitted can refuse authorisation
of the plant protection product concerned if there is scien-
tific and technical knowledge that an authorisation in its
territory will not comply with Article 29.

Reason

The recent adoption of the Directive of the European Parliament and the Council on the protection of
groundwater sets limit values for pesticides in groundwater. The proposal for a Regulation should not inter-
fere with the Member States' obligations to comply with the Groundwater Directive.

The proposal for a regulation with obligatory mutual recognition is based on the assumption that the condi-
tions within a zone are ‘relatively similar’. However, the conditions can vary a great deal. It is therefore
important to ensure that each Member State can refuse a mutual recognition if an authorisation in its terri-
tory will not comply with the Groundwater Directive.

Brussels, 13 February 2007.

The President

of the Committee of the Regions

Michel DELEBARRE