Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding 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 amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2009-02-16
Institutions: European Commission
Subjects: EU initiative, environmental protection, pesticide, pollution control measures, pollution from agricultural sources, prevention of pollution

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.2.2009 
COM(2009) 63 final 

2006/0132 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding 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 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

EN 

   EN 

 
 
 
  
 
2006/0132 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding 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 

1. 

BACKGROUND 

Procedure 

On  14  July  2006  the  Commission  submitted  a  proposal  for  a  Framework  Directive  on  the 
sustainable use of pesticides to the European Parliament and of the Council for adoption by 
co-decision procedure as laid down in Article 251 of the EC Treaty. 

The Economic and Social Committee gave its opinion on 14 March 2007. The Committee of 
the Regions adopted its opinion on 13 February 2007. 

The European Parliament adopted its first reading position on 23 October 2007. 

The Council reached a political agreement on the proposal on 17 December 2007 and adopted 
its common position on 19 May 2008. 

The European Parliament adopted its position in second reading on 13 January 2009. 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The objective of the proposal is to fill the current legislative gap regarding the use-phase of 
pesticides  at  Community  level,  and  to  provide  for  common  minimum  rules  on  the  use  of 
pesticides so as to reduce risks to human health and the environment. 

The  proposed  Framework  Directive  on  the  sustainable  use  of  pesticides,  COM(2006)  373 
final, together with a proposal for a Regulation on the placing of plant protection products on 
the  market,  COM(2006)  388  final,  are  the  main  legislative  instruments  containing  the 
measures proposed in the Thematic Strategy on the sustainable use of pesticides, COM(2006) 
372. 

EN 

2 

   EN 

 
 
3. 

COMMISSION COMMENTS 

3.1 

General 

At  its  Plenary  Session  of  13  January  2009,  the  European  Parliament  adopted  a  compromise 
package  which  had  been  agreed  with  the  Council  in  view  of  reaching  a  second  reading 
agreement. 

These amendments concern essentially: 

–  the establishment of risk and use reduction targets in National Action Plans with reporting 

requirements for the Commission, 

–  the strengthening of the protection of residents and bystanders, 

–  requirements for the distribution of pesticides to non-professional users, 

–  the  establishment  of  systems  for  gathering  information  on  poisoning  incidents  among 

people regularly exposed to pesticides, 

–  the handling of requests for aerial spraying, 

–  the use of pesticides in specific areas. 

The Commission accepts the compromise package as it is in line with the overall purpose and 
the general characteristics of the proposal. 

3.2 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its Proposal as set out 
above. 

EN 

3 

   EN