Common Position (EC) No 21/2008 of 19 May 2008 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Directive of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides (Text with EEA relevance)
Date: 2008-05-19
Institutions: Council of the European Union
Subjects: EU initiative, consumer information, environmental protection, pesticide, plant health treatment, pollution from agricultural sources, prevention of pollution, sustainable development

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III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 21/2008

adopted by the Council on 19 May 2008

with a view to the adoption of Directive 2008/…/EC of the European Parliament and of the Council
of … establishing a framework for Community action to achieve the sustainable use of pesticides

(Text with EEA relevance)

(2008/C 254 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

Whereas:

the

the European Parliament and of

natural habitats and of wild fauna and flora (6), Directive
2000/60/EC of
the
Council of 23 October 2000 establishing a framework
for Community action in the field of water policy (7),
European
Regulation (EC) No 396/2005 of
Parliament and of the Council of 23 February 2005 on
maximum residue levels of pesticides in or on food and
feed of plant and animal origin (8) and Council Regu-
lation (EC) No …/… of … on the placing on the market
of plant protection products (9). These measures should
also not prejudice voluntary measures in the context of
Regulations for Structural Funds or according to the
Council Regulation (EC) No 1698/2005 of 20 September
2005 on support for rural development by the European
Agricultural Fund for Rural Development (EAFRD) (10).

(1)

(2)

(3)

In line with Decision No 1600/2002/EC of the European
Parliament and of the Council of 22 July 2002 laying
Environment Action
down the
Programme (4), this Directive establishes a common legal
framework for achieving a sustainable use of pesticides.

Sixth Community

At present,
this Directive should apply to pesticides
which are plant protection products. However, it is antici-
pated that the scope of this Directive will be extended to
cover biocidal products.

(4)

related Community

The measures provided for in this Directive should be
complementary to, and not affect, measures laid down in
other
in particular
Council Directive 79/409/EEC of 2 April 1979 on
the conservation of wild birds (5), Council Directive
92/43/EEC of 21 May 1992 on the conservation of

legislation,

(1) OJ C 161, 13.7.2007, p. 48.
(2) OJ C 146, 30.6.2007, p. 48.
(3) Opinion of the European Parliament of 23 October 2007 (not yet
published in the Official Journal), Council Common Position of 19 May
2008 and Council Decision of … (not yet published in the Official
Journal).

(4) OJ L 242, 10.9.2002, p. 1.
(5) OJ L 103, 25.4.1979, p. 1.

(6) OJ L 206, 22.7.1992, p. 7.
(7) OJ L 327, 22.12.2000, p. 1.
(8) OJ L 70, 16.3.2005, p. 1.
(9) OJ L …
(10) OJ L 277, 21.10.2005, p. 1.

National Action Plans aimed at setting targets, measures
and timetables to reduce risks and impacts of pesticide
use on human health and the environment and at
encouraging the development and introduction of Inte-
grated Pest Management and of alternative approaches or
techniques in order to reduce dependency on the use of
pesticides should be used by Member States in order to
facilitate the implementation of this Directive. 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.

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(5)

(6)

(7)

(8)

(9)

(10)

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 objec-
is appropriate to
tives of
request Member States
regularly to the
Commission and to the other Member States, in particu-
lar on the implementation and results of their National
Action Plans and on their experiences.

this Directive. Therefore,

it
to report

For the preparation and modification of 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 partici-
pation in respect of the drawing up of certain plans and
programmes relating to the environment (1).

It is essential that Member States set up systems of both
initial and additional training for distributors, advisors
and professional users of pesticides and certification
systems to record this 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 coordi-
nated with those organised in the framework of Regu-
lation (EC) No 1698/2005.

including Internet sales, are an
The sales of pesticides,
important element
in the distribution chain, where
specific advice on safety instructions for human health
and the environment should be given to the end user at
the time of sale, in particular to professional users. For
non-professional users who in general do not have the
same education and training, recommendations should
be given, in particular on safe handling and storage of
pesticides as well as on disposal of the packaging.

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

To the extent that the handling and application of pesti-
cides require 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 work (2) and Directive 2004/37/EC of
the 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 work (3).

(1) OJ L 156, 25.6.2003, p. 17.
(2) OJ L 131, 5.5.1998, p. 11.
(3) OJ L 158, 30.4.2004, p. 50.

(11)

Since Directive 2006/42/EC of the European Parliament
and of the Council of 17 May 2006 on machinery (4)
will provide for rules on the placing on the market of
pesticide application equipment ensuring that environ-
mental requirements are met, it is appropriate, in order
to minimise 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. Member
States should describe how they will ensure the imple-
mentation of those requirements in their National Action
Plans.

(12) Aerial spraying of pesticides has the potential to cause
significant adverse impacts on human health and the
in particular from spray drift. Therefore,
environment,
aerial spraying should generally be prohibited with dero-
gations possible where it represents clear advantages in
terms of reduced impacts on human health and the
spraying
comparison with
environment
methods, or where there are no viable alternatives.

other

in

(13)

The aquatic environment is especially sensitive to pesti-
cides. It is therefore necessary for particular attention to
be paid to avoid pollution of surface water and ground-
water by taking appropriate measures such as, the estab-
lishment of buffer and safeguard zones or planting
hedges along surface waters to reduce exposure of water
bodies to spray drift, drain flow and run-off. The dimen-
sions of buffer zones should depend in particular on soil
characteristics, pesticide properties, as well as agricultural
characteristics of the areas concerned. Use of pesticides in
areas for the abstraction of drinking water, on or along
transport routes, such as railway lines, or on sealed or
very permeable surfaces can lead to higher risks of pollu-
tion of the aquatic environment. In such areas the pesti-
cide use should, therefore, be reduced as far as possible,
or eliminated, if appropriate.

(14) Use of pesticides can be particularly dangerous in very
sensitive areas, such as Natura 2000 sites protected in
accordance with Directives 79/409/EEC and 92/43/EEC.
In other places such as public parks, sports grounds or
children's playgrounds, the risks from exposure to pesti-
cides of the general public are high. Use of pesticides in
those areas should, therefore, be prohibited, restricted or
the risks arising from such use minimised.

(15) Handling of pesticides,

including storage, diluting and
mixing the pesticides and cleaning of pesticide applica-
tion equipment after use, and recovery and disposal of
tank mixtures, empty packaging and remnants of pesti-
cides are particularly prone to unwanted exposure of
humans and the environment. Therefore, it is appropriate
to provide
addressing those
specific measures
activities as a complement to the measures provided for
under Directive 2006/12/EC of the European Parliament

for

(4) OJ L 157, 9.6.2006, p. 24.

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and of the Council of 5 April 2006 on waste (1), and
Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (2). Measures should also encompass
non-professional users, since inappropriate handling is
very likely to occur in this group of users due to their
lack of knowledge.

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 proportion-
ality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve this objec-
tive.

(16)

The application of general principles and crop and sector
specific guidelines of Integrated Pest Management by all
farmers would result in a better targeted use of all avail-
including pesticides. There-
able pest control measures,
fore, it contributes to a further reduction of the risks to
human health and the environment and the dependency
on the use of pesticides. Member States should promote
low pesticide-input pest management, in particular Inte-
grated Pest Management, and establish the necessary
conditions and measures for its implementation.

this Directive,

(17) Whereas, on the basis of Regulation (EC) No …/… and
of
the principles of
implementation of
Integrated Pest Management is obligatory and whereas
the subsidiarity principle applies to the way the principles
implemented,
for
Member States should describe how they ensure the
implementation of
Integrated Pest
Management into their National Action Plan.

Integrated Pest Management

the principles of

are

(18)

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 estab-
lished 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 Com-
munity level. Statistical data collected in accordance with
Regulation (EC) No …/… of the European Parliament
and of the Council of … concerning statistics on plant
protection products (3) should be used. Member States
in addition to harmonised
should be entitled to use,
common indicators, their national indicators.

(19) Member States should determine penalties applicable to
infringements of national provisions adopted pursuant to
this Directive and ensure that they are implemented. The
penalties should be effective, proportionate and dissua-
sive.

(20)

Since the objective 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 there-
the
fore be better

achieved at Community level,

(21)

(22)

(23)

(24)

the fundamental

rights and
This Directive respects
observes the principles recognised notably by the Charter
of Fundamental Rights of the European Union. In par-
ticular, this seeks to promote the integration into Com-
munity policies of a high level of environmental protec-
tion in accordance with the principle of sustainable devel-
opment as laid down in Article 37 of the Charter of
Fundamental Rights of the European Union.

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
implementing powers
the exercise of
conferred on the Commission (4).

In particular the Commission should be empowered to
establish and update the Annexes to this Directive. Since
those measures are of general scope and are designed to
amend non-essential elements of this Directive, inter alia
by supplementing it with new non-essential elements,
they must be adopted in accordance with the regulatory
procedure with scrutiny provided for in Article 5a of
Decision 1999/468/EC.

In accordance with point 34 of
the Interinstitutional
agreement on better law-making (5), Member States are
themselves and in the
for
encouraged to draw up,
interests of the Community, their own tables illustrating,
as far as possible, the correlation between this Directive
and the transposition measures, and to make them
public,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

General Provisions

Article 1

Subject matter

This Directive establishes a framework to achieve a sustainable
use of pesticides by reducing the risks and impacts of pesticide
use on human health and the environment and promoting the
use of
alternative
approaches or techniques.

Integrated Pest Management

and of

(1) OJ L 114, 27.4.2006, p. 9.
(2) OJ L 377, 31.12.1991, p. 20.
(3) OJ L …

(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ C 321, 31.12.2003, p. 1.

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Article 2

Scope

This Directive shall apply to pesticides that are plant

1.
protection products as defined in point 9(a) of Article 3.

This Directive shall apply without prejudice to any other

2.
relevant Community legislation.

Article 3

Definitions

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

1) ‘professional user’ means any person who uses pesticides in
the course of their professional activities,
including opera-
tors, technicians, employers and self-employed people, both
in the farming and other sectors;

2) ‘distributor’ means any natural or legal person who makes a
including wholesalers,

pesticide available on the market,
retailers, vendors and suppliers;

3) ‘advisor’ means any person who advises on pest management
and pesticide safe use, in the context of a professional capa-
city or commercial service, including private self-employed
and public advisory services, commercial agents, food produ-
cers and retailers where applicable;

4) ‘pesticide application equipment’ means any apparatus speci-
fically intended for the application of pesticides,
including
accessories that are essential for the effective operation of
such equipment, such as nozzles, manometers, filters, strai-
ners and cleaning devices for tanks;

5) ‘aerial spraying’ means application of pesticides from an

aircraft (plane or helicopter);

6) ‘integrated pest management’ means careful consideration of
all available plant protection methods and subsequent inte-
gration of appropriate measures that discourage the develop-
ment of the populations of harmful organisms and keep the
use of plant protection products and other forms of inter-
vention to levels that are economically and ecologically justi-
fied and reduce or minimise risks to human health and the
environment.
Integrated Pest Management emphasises the
growth of a healthy crop with the least possible disruption
to agro ecosystems and encourages natural pest control
mechanisms;

7) ‘risk indicator’ means the result of a method of calculation
that is used to evaluate risks of pesticides on human health
and/or the environment;

9) ‘pesticide’ means:

(a) a plant protection product as defined in Regulation (EC)

No …/…;

(b) a biocidal product as defined in Directive 98/8/EC of the
European Parliament and of the Council of 16 February
1998 concerning the placing on the market of biocidal
products (1).

Article 4

National Action Plans

1. Member States shall adopt National Action Plans to set up
targets, measures and timetables to reduce risks and impacts of
pesticide use on human health and the environment and to
encourage the development and introduction of integrated pest
management and of alternative approaches or techniques in
order to reduce dependency on the use of pesticides.

When drawing up and revising their National Action Plans,
Member States shall take account of the social, economic, envir-
onmental and health impacts of
the measures envisaged.
Member States shall describe in their National Action Plans how
they will implement measures pursuant to Articles 5 to 14 in
order to achieve the objectives referred to in the first sub-
paragraph of this paragraph.

By … (*) Member States shall communicate their National

2.
Action Plans to the Commission and to other Member States.

National Action Plans shall be reviewed at least every five years
and any substantial changes to National Action Plans shall be
reported to the Commission without undue delay.

3. Where relevant, the Commission shall make information
communicated in accordance with paragraph 2 available on the
Internet.

4.
The provisions on public participation laid down in
Article 2 of Directive 2003/35/EC shall apply to the preparation
and the modification of the National Action Plans.

CHAPTER II

Training,

Sales

pesticides,

of
Awareness-raising

Information

and

Article 5

Training

1. Member States shall ensure that all professional users,
distributors and advisors have access to appropriate training.
This shall consist of both initial and additional
training to
acquire and to update knowledge as appropriate.

8) the terms ‘surface water’ and ‘groundwater’ have the same

meaning as in Directive 2000/60/EC;

(1) OJ L 123, 24.4.1998, p. 1.
(*) Three years after the date of entry into force of this Directive.

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The training shall be designed to ensure that such users, distri-
butors and advisors acquire sufficient knowledge on the subjects
listed in Annex I, taking account of their different roles and
responsibilities.

By … (*) Member States

2.
shall establish certification
systems and designate the competent authorities responsible for
their implementation. These certificates shall, as a minimum,
provide evidence of sufficient knowledge of the subjects listed in
Annex I acquired by professional users, distributors and advisors
either by undergoing training or by other means.

human health, non-target organisms and the environment and
the use of non-chemical alternatives.

CHAPTER III

Pesticide application equipment

Article 8

Certification systems shall include requirements and procedures
for the granting, maintenance and withdrawal of certificates.

Inspection of equipment in use

3. Measures designed to amend non-essential elements of
this Directive relating to amending Annex I in order to take
account of scientific and technical progress shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 19(2).

Article 6

Requirements for sales of pesticides

1. Member States shall ensure that at least those distributors
selling pesticides to professional users have sufficient staff in
their employment holding a certificate referred to in Article 5(2).
Such persons shall be available at the time of sale to provide
adequate information to customers as regards pesticide use and
human health and environmental safety instructions on the
products in question.

2. Member States shall take necessary measures to restrict
sales of pesticides authorised for professional use to persons
holding a certificate referred to in Article 5(2).

to provide general

3. Member States shall require distributors selling pesticides
to non-professional users
information
regarding the risks of pesticide use,
in particular on hazards,
exposure, proper storage, handling, application and safe disposal
in accordance with Community legislation on waste, as well as
regarding low-risk alternatives. Member States may require pesti-
cide producers to provide such information.

The measures provided for in paragraphs 1 and 2 shall be

4.
established by … (**).

Article 7

Information and awareness-raising

Member States shall take measures to inform the general public
and to promote and facilitate awareness-raising and the avail-
ability of accurate and balanced information relating to pesti-
cides for the general public, in particular regarding the risks for

1. Member States shall ensure that pesticide application
equipment in professional use shall be subject to inspections at
regular intervals. The interval between inspections shall not
exceed five years until 2020 and shall not exceed three years
thereafter.

2.
By … (***) Member States shall ensure that pesticide appli-
cation equipment has been inspected at least once. After this
date only pesticide application equipment having successfully
passed inspection shall be in professional use.

New equipment shall be inspected at least once within a period
of 5 years after purchase.

3.
By way of derogation from paragraphs 1 and 2 and,
following a risk assessment for human health and the environ-
ment including an assessment of the scale of the use of the
equipment, Member States may:

(a) apply different timetables and inspection intervals to pesti-
cide application equipment not used for spraying pesticides,
to handheld pesticide application equipment or knapsack
sprayers and to additional pesticide application equipment,
which shall be listed in the national action plan foreseen in
article 4, that represent a very low scale of use.

The following additional pesticide application equipment
shall never be considered as constituting a very low scale of
use:

(i) spraying equipment mounted on trains or aircraft;

(ii) boom sprayers

larger

than 3 m,

including boom

sprayers that are mounted on sowing equipment;

(b) exempt

from inspection handheld pesticide application

equipment or knapsack sprayers.

4.
The inspections shall verify that pesticide application
equipment satisfies the relevant requirements listed in Annex II,
in order to achieve a high level of protection for human health
and the environment.

Pesticide application equipment complying with harmonised
standards developed according to Article 18(1)
shall be
presumed to comply with the essential health and safety and
environmental requirements.

(*) Four years after the date of entry into force of this Directive.
(**) Six years after the date of entry into force of this Directive.

(***) Seven years after the date of entry into force of this Directive.

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Professional users shall conduct regular calibrations and
5.
technical
application equipment
the pesticide
according to the appropriate training received as provided for in
Article 5.

checks of

6. Member States
responsible for
implementing the inspection systems and inform the Commis-
sion thereof.

shall designate bodies

authorising equipment and aircraft for aerial application of
pesticides.

3. Member States shall designate the authorities competent
for establishing the specific conditions by which aerial spraying
may be carried out and make public information on crops,
areas, circumstances and particular requirements for application
including weather conditions where aerial spraying may be
allowed.

Each Member State shall establish certificate systems designed to
allow the verification of inspections and recognise the certifi-
cates granted in other Member States following the requirements
referred to in paragraph 4 and where the time period since the
last inspection carried out in another Member State is equal to
or shorter than the time period of the inspection interval applic-
able in its own territory.

Member States shall endeavour to recognise the certificates
issued in other Member States provided that the inspection
intervals referred to in paragraph 1 are complied with.

7. Measures designed to amend non-essential elements of
this Directive relating to amending Annex II in order to take
account of scientific and technical progress shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 19(2).

CHAPTER IV

Specific Practices and Uses

Article 9

Aerial spraying

1. Member States
prohibited.

shall

ensure

that

aerial

spraying is

2.
By way of derogation from paragraph 1 aerial spraying
may only be allowed in special cases provided the following
conditions are met:

(a) there must be no viable alternatives, or there must be clear
advantages in terms of reduced impacts on human health
and the environment as compared with land-based applica-
tion of pesticides;

(b) the pesticides used must be explicitly approved for aerial
spraying by the Member State following a specific assess-
ment addressing risks from aerial spraying;

(c) the operator carrying out the aerial spraying must hold a
certificate as referred to in Article 5(2). During the transi-
tional period where certification systems are not yet in
place, Member States may accept other proof of compe-
tence;

The competent authorities shall specify the measures necessary
for warning residents and bystanders and to protect the environ-
ment in the vicinity of the area sprayed.

4.
A professional user wishing to apply pesticides by aerial
spraying shall submit a request in due time to the competent
authority to apply pesticides by aerial spraying accompanied by
evidence to show that the conditions referred to in paragraphs 2
and 3 are fulfilled. Member States may provide that requests for
which no answer was received on the decision taken within the
time period laid down by the competent authorities shall be
deemed to be approved.

5. Member States shall ensure that the conditions referred to
in paragraphs 2 and 3 are met by conducting appropriate moni-
toring.

6.
The competent authorities
requests submitted under paragraph 4.

shall keep records of

the

Article 10

Specific measures to protect the aquatic environment and
drinking water

1. Member States shall ensure that appropriate measures to
protect the aquatic environment and drinking water supplies
from the impact of pesticides are adopted. These measures shall
support and be compatible with relevant provisions of Directive
2000/60/EC and Regulation (EC) No …/….

2.

The measures provided in paragraph 1 shall include:

(a) giving preference to pesticides that are not classified as
dangerous for the aquatic environment pursuant to Directive
1999/45/EC of the European Parliament and of the Council
of 31 May 1999 concerning the approximation of the laws,
regulations and administrative provisions of
the Member
States relating to the classification, packaging and labelling
of dangerous preparations (1) nor containing priority hazar-
dous
in Article 16(3) of Directive
2000/60/EC;

substances as

set

(b) giving preference to the most efficient application techni-
ques such as the use of low-drift pesticide application equip-
ment especially in vertical crops such as hops and those
found in orchards and vineyards;

(d) the enterprise responsible for providing aerial spray applica-
shall be certified by a competent authority for

tions

(1) OJ L 200, 30.7.1999, p. 1.

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(c) use of mitigation measures which minimise the risk of
off-site pollution caused by spray drift, drain-flow and
run-off. These shall
include when necessary the establish-
ment of appropriately-sized buffer zones for the protection
of non-target aquatic organisms and safeguard zones for
surface and groundwater used for
the abstraction of
drinking water, where pesticides must not be used or stored;

(d) reducing as far as possible or if appropriate eliminating
applications on or along roads, railway lines, very permeable
surfaces or other infrastructure close to surface water or
groundwater or on sealed surfaces with a high risk of
run-off into surface water or sewage systems.

dangerous handling operations. These measures may include use
of pesticides of
low toxicity, ready to use formulations and
limits on sizes of containers or packaging.

3. Member States shall ensure that storage areas for pesticides
for professional use are constructed in such a way as to prevent
unwanted releases. Particular attention shall be paid to location,
size and construction materials.

Article 11

Integrated Pest Management

Article 13

Reduction of pesticide use or risks in specific areas

Member States shall, having due regard to necessary hygiene
and public health requirements and biodiversity, or the results
of relevant risk assessments, ensure that the use of pesticides is
prohibited, restricted or the risks arising from such use mini-
mised, in:

1) areas used by the general public or by vulnerable popula-
tions, such as parks, public gardens, sports grounds, school
grounds and playgrounds;

2) protected areas as defined in Directive 2000/60/EC or other
areas identified for the purposes of establishing the necessary
conservation measures in accordance with the provisions of
Directives 79/409/EEC and 92/43/EEC;

3) recently treated areas used by or accessible to agricultural

workers.

Article 12

Handling and storage of pesticides and treatment of their
packaging and remnants

1. Member States shall adopt
the necessary measures to
ensure that the following operations by professional users and
where applicable by distributors do not endanger human health
or the environment:

(a) storage, handling, dilution and mixing of pesticides before

application;

(b) handling of packaging and remnants of pesticides;

(c) disposal of tank mixtures remaining after application;

(d) cleaning of the equipment used after application;

(e) recovery or disposal of pesticide remnants and their packa-
ging in accordance with Community legislation on waste.

1. Member States shall take appropriate measures to promote
low pesticide-input pest management, giving priority wherever
possible to non-chemical methods and otherwise to practices
and products with the lowest risk to human health and the
environment among those available for the same pest problem.
Low pesticide-input pest management includes Integrated Pest
Management as well as organic farming according to Council
Regulation (EC) No 834/2007 of 28 June 2007 on organic
production and labelling of organic products (1).

2. Member States shall establish or support the establishment
of necessary conditions for the implementation of Integrated
Pest Management. In particular, they shall ensure that profes-
sional users have at their disposal information and tools for pest
monitoring and decision making, as well as advisory services on
integrated pest management.

3.
to the
By 30 June 2013, Member States shall report
Commission on the implementation of paragraphs 1 and 2 and,
in particular, whether the necessary conditions for implementa-
tion of integrated pest management are in place.

4. Member States shall describe in their National Action Plan
referred to in Article 4 how they ensure that the general princi-
ples of Integrated Pest Management as set out in Annex III are
implemented by all professional users by 1 January 2014.

this
Measures designed to amend non-essential elements of
Directive relating to amending Annex III
to take
account of scientific and technical progress shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 19(2).

in order

5. Member States shall establish appropriate incentives to
encourage professional users to implement crop or sector
specific guidelines for integrated pest management on a volun-
tary basis. Public authorities and/or organisations representing
particular professional users may draw up such guidelines.
Member States shall refer to those guidelines that they consider
pertinent and appropriate in their National Action Plans drawn
up in accordance with Article 4.

2. Member States shall take all necessary measures regarding
to avoid
authorised for non-professional users
pesticides

(1) OJ L 189, 20.7.2007, p. 1.

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CHAPTER V

Indicators, Reporting and Information Exchange

Article 14

Indicators

1.
Harmonised risk indicators as referred to in Annex IV
shall be established. However, Member States may continue to
use existing national indicators or adopt other appropriate indi-
cators in addition to the harmonised ones.

Measures designed to amend non-essential elements of
this
Directive relating to amending Annex IV in order to take
account of scientific and technical progress shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 19(2).

2. Member States shall

(a) calculate harmonised risk indicators as referred to in para-
graph 1 by using statistical data collected in accordance
with Regulation (EC) No …/… together with other relevant
data;

(b) identify trends in the use of certain active substances;

(c) identify priority items, such as active substances, crops,
regions or practices,
that require particular attention or
good practices that can be used as examples in order to
achieve the objectives of this Directive to reduce the risks
and impacts of pesticide use on human health and the envir-
onment and to encourage the development and introduction
of
alternative
approaches or techniques in order to reduce dependency on
the use of pesticides.

pest management

integrated

and

of

3. Member States shall communicate the results of
the
evaluations carried out pursuant to paragraph 2 to the Commis-
sion and to other Member States.

4.
The Commission shall calculate risk indicators at Com-
munity level by using statistical data collected in accordance
with Regulation (EC) No …/… and other relevant data, in order
to estimate trends in risks from pesticide use.

The Commission shall also use these data and this information
to assess progress in achieving the objectives of other Com-
munity policies aimed at reducing the impact of pesticides on
human health and on the environment.

Article 15

Reporting

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

regularly submit

CHAPTER VI

Final provisions

Article 16

Penalties

Member States shall determine penalties applicable to infringe-
ments of the national provisions adopted pursuant to this Direc-
tive and shall take all measures necessary to ensure that they are
implemented. The penalties provided for shall be effective,
proportionate and dissuasive.

Member States shall notify those provisions to the Commission
by … (*) and shall notify it without delay of any subsequent
amendment.

Article 17

Fees and Charges

1. Member States may recover the costs associated with any
work pursuant to obligations under this Directive by means of a
fee or charge.

2. Member States shall ensure that the fee or charge referred
to in paragraph 1 is established in a transparent manner and
corresponds to the actual cost of the work involved.

Article 18

Standardisation

1.
The standards referred to in Article 8(4) of this Directive
shall be established in accordance with the procedure provided
for in Article 6(3) of Directive 98/34/EC of
the European
Parliament and of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field of tech-
nical standards and regulations and of rules on Information
Society services (1).

The request for developing these standards may be established
in consultation with the Committee referred to in Article 19(1).

The Commission shall publish the references of the stan-

2.
dards in the Official Journal of the European Union.

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

covers,

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

(*) Three years after the date of entry into force of this Directive.
(1) OJ L 204, 21.7.1998, p. 37.

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Article 19

Committee procedure

Article 21

Transposition

1.
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 Council of 28 January 2002 laying down
the general principles and requirements of food law, establishing
the European Food Safety Authority and laying down proce-
dures in matters of food safety (1).

2. Where reference is made to this paragraph, Articles 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (*).

When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such a refer-
ence 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 20

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:

1) the development of a harmonised system including an
information
appropriate database to gather and store all
relating to pesticide risk indicators, and to make such infor-
mation available to the competent authorities, other inter-
ested parties and the general public;

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

3) the development of guidance and best practices to facilitate

the implementation of this Directive.

Article 22

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 23

Addressees

This Directive is addressed to the Member States.

Done at …

For the European Parliament

The President

…

For the Council

The President

…

(1) OJ L 31, 1.2.2002, p. 1.

(*) Two years after entry into force of this Directive.

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ANNEX I

Training subjects referred to in Article 5

1. All relevant legislation regarding pesticides and their use.

2. 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 factors such as smoking exacerbate these risks;

(b) symptoms of pesticide poisoning and first aid measures;

(c) risks to non-target plants, beneficial insects, wildlife, biodiversity and the environment in general.

3. Notions on integrated pest management strategies and techniques, integrated crop management strategies and techni-
ques, organic farming principles, information on the general principles and crop or sector-specific guidelines for inte-
grated pest management.

4. Initiation to comparative assessment at user level to help professional users make the most appropriate choices on
pesticides with the least side effects on human health, non-target organisms and the environment among all
authorised products for a given pest problem, in a given situation.

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

6. Procedures for preparing pesticide application equipment for work, including its calibration, and for its operation
with minimum risks to the user, other humans, non-target animal and plant species, biodiversity and the environ-
ment.

7. Use of pesticide 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.

8. Emergency action to protect human health and the environment in case of accidental spillage and contamination.

9. Health monitoring and access facilities to report on any incidents or suspected incidents.

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

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ANNEX II

Health and safety and 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. Full effectiveness of the application operation should be ensured by
proper performance of devices and functions of the equipment to guarantee the following objectives are met.

The pesticide application equipment must function reliably and be used properly for its intended purpose ensuring that
pesticides can be accurately dosed and distributed. The equipment must be in such a condition as to be filled and emptied
safely, easily and completely and prevent leakage of pesticides. It must permit easy and thorough cleaning. It must also
ensure safe operations, and be controlled and capable of being immediately stopped from the operator's seat. Where
necessary, adjustments must be simple, accurate and capable of being reproduced.

Particular attention should be paid to:

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 condi-
tion 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 and rinsing systems,
and mixing devices shall operate in such a way as to minimise accidental spillage, uneven concentration distribution,
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 be properly calibrated
and work correctly 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.

7) Filtering

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. Where applicable the filter blockage indica-
tion 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 correctly.

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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 significantly 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 in the target
area must be even, where relevant.

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.

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ANNEX III

General principles of Integrated Pest Management

1. The prevention and/or suppression of harmful organisms should be achieved or supported among other options espe-

cially by:

— crop rotation,

— use of adequate cultivation techniques (e.g. stale seedbed technique, sowing dates and densities, under-sowing,

conservation tillage, pruning and direct sowing),

— use, where appropriate, of resistant/tolerant cultivars and standard/certified seed and planting material,

— use of balanced fertilisation, liming and irrigation/drainage practices,

— preventing the spreading of harmful organisms by hygiene measures (e.g. by regular cleansing of machinery and

equipment),

— protection and enhancement of important beneficial organisms, e.g. by adequate plant protection measures or the

utilisation of ecological infrastructures inside and outside production sites.

2. Harmful organisms must be monitored by adequate methods and tools, where available. Such adequate tools should
include observations in the field as well as scientifically sound warning, forecasting and early diagnosis systems, where
feasible, as well as the use of advice from professionally qualified advisors.

3. Based on the results of the monitoring the professional user has to decide whether and when to apply plant protection
measures. Robust and scientifically sound threshold values are essential components for decision making. For harmful
organisms threshold levels defined for the region, specific areas, crops and particular climatic conditions must be taken
into account before treatments, where feasible.

4. Sustainable biological, physical and other non-chemical methods must be preferred to chemical methods if they

provide satisfactory pest control.

5. The pesticides applied shall be as specific as possible for the target and shall have the least side effects on human

health, non-target organisms and the environment.

6. The professional user should keep the use of pesticides and other forms of intervention to levels that are necessary,
e.g. by reduced doses, reduced application frequency or partial applications, considering that the level of risk in vegeta-
tion is acceptable and they do not increase the risk for development of resistance in populations of harmful organisms.

7. Where the risk of resistance against a plant protection measure is known and where the level of harmful organisms
requires repeated application of pesticides to the crops, available anti-resistance strategies should be applied to maintain
the effectiveness of the products. This may include the use of multiple pesticides with different modes of action.

8. Based on the records on the use of pesticides and on the monitoring of harmful organisms the professional user

should check the success of the applied plant protection measures.

ANNEX IV

Harmonised risk indicators

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 18 July 2006, the Commission submitted to the Council a 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. The proposal is based on Article 175(1) of the Treaty.

2. The European Parliament adopted its opinion at first reading on 23 October 2007 (1). The Economic
and Social Committee and the Committee of the Regions delivered their opinions on 14 March and
1 February 2007 respectively.

3. On 19 May 2008, the Council adopted its Common Position in accordance with Article 251 of the

Treaty.

II. OBJECTIVES

The proposal seeks to protect human and animal health and the environment from adverse impact of
use of pesticides in farming and the ecosystem. It aims at reducing the risks of pesticide use in a way
that is consistent with the necessary crop protection.

It provides, in particular, for:

— the establishment of National Action Plans (NAPs) to reduce risks and impact of pesticide use on

human health and the environment;

— information, awareness-raising and training for advisers and professional users of pesticides;

— concrete requirements for the sale of pesticides;

— regular inspection of application equipment;

— prohibition of aerial spraying with possible derogations;

— specific measures for the protection of the aquatic environment from pollution with pesticides;

— restriction of pesticide use in specific areas;

— requirements for the handling and storage of pesticides and their packaging and remnants;

— establishment of compulsory standards on Integrated Pest Management; and

— development of risk indicators to measure progress on pesticide use.

III. ANALYSIS OF THE COMMON POSITION

1. General observations

The Council's Common Position broadly accords with the position taken by the Commission and the
European Parliament, inasmuch as it:

— confirms the objectives and most of
supported by the European Parliament;

the arrangements proposed by the Commission and

— incorporates a large number of the amendments adopted at first reading by the European

Parliament.

Amendments 6, 17, 43, 49, 52, 60, 61, 62, 63, 68, 85, 93, 95, 103, 106, 112, 122, 137
and 155 are fully incorporated.

Amendments 13, 18, 29, 35, 36, 39, 42, 48, 51, 54, 59, 64, 87, 90, 114, 146 and 164 are
accepted in spirit or partially incorporated.

Amendments 1, 5, 16, 22, 23, 28, 30, 32, 37, 40, 55, 57, 58, 69, 72, 77, 84, 88, 91, 96, 98,
99, 102, 104, 120, 121, 138, 139 have not been incorporated, the Council sharing the same
position as the Commission.

(1) 14183/07.

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Amendments 2-4, 7-11, 15, 19-21, 24-27, 31, 33, 44, 46, 47, 50, 53, 56, 65, 66, 70, 71, 74,
76, 78, 79, 81-83, 92, 94, 97, 100, 101, 105, 107-111, 113, 115-119, 133, 135, 141, 143,
151 and 153 which were accepted by the Commission have not been included in the Common
Position, the Council deviating from the Commission's views.

The Common Position also includes other changes, not envisaged by the European Parliament, which
address a number of concerns expressed by the Member States in the course of the negotiations.

A number of technical and editorial amendments were also introduced to define the scope of some
provisions, to make the wording of the Directive more explicit and more consistent with the wording
of the project of Regulation on placing on the market, to guarantee also legal certainty or to increase
its consistency with other Community instruments.

The Commission has accepted the Common Position agreed by the Council.

2. Specific comments

Legal basis

Amendment 1 was not accepted by the Council since it considered that Article 175(1) is the correct
and sufficient legal basis.

Definitions

The following changes were made to the original proposal:

— the definition of ‘use’ was deleted because it was considered unnecessary;

— the concept of professional capacity or commercial service was incorporated in the definition of

‘adviser’;

— the definitions of ‘pesticide application equipment’ and ‘pesticide application accessories’ were

merged;

— the definition of ‘integrated pest management’ was moved from the proposal for a Regulation

concerning the placing of plant protection products on the market to this proposal; and

— the definitions of ‘surface water’ and ‘groundwater’ were added.

Amendment 29 to insert a definition of pesticides as plant protection products was incorporated in
the Common Position although the Commission rejected it. The Council extended this definition to
biocidal products.

National Action Plans

The Parliament and the Council concurred in the following elements:

— Member States should take into consideration the health impact of the measures envisaged;

— National Action Plans should describe how Member States implement the Directive (in particular
measures arising from Articles 5 to 14) in order to reduce dependency on the use of pesticides;

— the information received by the Commission on these National Action Plans should be available

on the Internet.

The Council did not think it was appropriate to take other amendments, in particular the establish-
ment of quantitative use reduction targets, into account. The Council preferred to concentrate on the
reduction of risks rather than defining use reduction targets.

Training

The Council has inserted provisions to ensure that both initial and further training are offered. This
concern was shared by the European Parliament. The Council also took on board one of the
European Parliament's suggestions for Annex I regarding initiation in comparative assessment to help
professional users chose a good pesticide with the least adverse effect
for humans and the
environment.

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The Council also considered it useful to specify that the training should take into consideration the
different roles and responsibilities of the persons dealing with pesticides: users, distributors and advi-
sors. In addition, the Council has incorporated a provision laying down that the training certification
systems set up by Member States shall include requirements and procedures for the granting mainte-
nance and withdrawal of certificates.

Requirements for the sale of pesticides

The Council has taken on board the Parliament's suggestion that the persons selling pesticides to
professional users shall provide advice not only on pesticide use but also on human health and
environmental safety instructions.

The Council has also added the requirement for distributors selling pesticides to non-professional
users additionally to provide information on low-risk products. Moreover, it amended this Article to
allow the person holding a certificate to be not physically present but still available in some other
way. The Council felt that it was necessary to provide this flexibility for small retailers.

Information and awareness-raising

The European Parliament has considerably developed Article 7 and the Council has not been able to
accept all its suggestions. The Council has nevertheless retained the requirement that the information
provided to the public concerning pesticides should be accurate and balanced.

Inspection of equipment in use

The Council has accepted all but one of the Parliaments amendments related to the inspection of
equipment for professional use. The Council, like the Parliament, felt that it was necessary to be more
precise regarding the intervals between inspections but has gone a step further requiring shorter
intervals between inspections from 2020.

Nevertheless, the Council believed that it would be disproportionate to require the inspection of all
handheld pesticide application equipment or knapsack sprayers and has inserted an option to exempt
them. It has also incorporated the possibility to, following a risk assessment, of applying different
timetables and inspection intervals to certain types of equipment for small scale of use.

Moreover, the Council also considered it necessary to require that professional users conduct regular
calibrations and technical checks of the application equipment.

Finally, the Council decided that Member States should establish a certification system with mutual
recognition.

Aerial spraying

Although the Council agrees with the Parliament on the general approach for this issue and has
accepted amendment 63 and part of amendment 64, it considered unnecessary those amendments
that risked creating excessive administrative burdens for competent authorities.

The Council has changed the original proposal to specify that products used must be approved
following a risk assessment and that enterprises providing aerial spraying must be certified, and to
provide the option of tacit approval of requests for aerial spraying by competent authorities after a
certain period has elapsed.

Specific measures to protect the aquatic environment

The Council incorporated amendment 68 to highlight the importance of protecting drinking water.
Article 10 was also amended to give preference to pesticides not containing priority hazardous
substances.

Concerning amendment 70 on the compulsory establishment of buffer zones, the Council considered
that it was more appropriate to develop Article 10 to cover a wider range of mitigation measures
which could be put in place when necessary.

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Reduction of pesticide use or risks in specific areas

The text has been redrafted in order to give Member States the option to minimise the risks of pesti-
cides when used in these particular areas. The Council could not accept the Parliament's amendments
in this area.

Handling, storage and treatment of packaging and remnants

The Council rephrased the text of points 1 and 3 of Article 12 to clarify that those measures only
applied to professional users and, if applicable, to advisers. It also added a provision on the recovery
or disposal of pesticide remnants and packaging. The Council did not think consider the Parliament's
amendments relevant.

Integrated Pest Management

The Council and the Parliament's views substantially converge on this issue. In particular the Council
can support the Parliament's amendments 85 and 122 to include a new Annex in the proposal
containing general principles of Integrated Pest Management. It can also agree with parts of amend-
ments 164 and 87.

In addition, the Council replaced the term low pesticide-input farming by low pesticide-input pest
management and specified that this concept includes IPM and organic farming.

Indicators

The Council agreed with the Commission taking the view that amendments to include use were not
relevant. The Council accepted only part of amendment 93 and the principle included in amend-
ment 95.

Comitology

The Council has taken on board those amendments adapting certain Articles to the new comitology
Decision (17, 52, 62, 103, 137 and 155).

IV. CONCLUSIONS

The Council considers that its Common Position represents a balanced and realistic solution for a
number of concerns expressed on the Commission's proposal and looks forward to a constructive
discussion with the European Parliament with a view to a workable agreement on this Directive.