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 Regulation of the European Parliament and of the Council concerning the placing of plant protection products on the market amending the proposal of the Commission pursuant to article 250 (2) of the EC Treaty
Date: 2009-03-30
Institutions: European Commission
Subjects: market approval, marketing standard, pharmaceutical product, plant health legislation, plant health product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.3.2009 
COM(2009) 145 final 

2006/0136 (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 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning the placing of plant protection products on the market  

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

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2006/0136 (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 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

concerning the placing of plant protection products on the market  

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  provides  that  the 
Commission is to deliver an opinion on the amendments proposed by the European 
Parliament  at  second  reading.  The  Commission  sets  out  its  opinion  below  on  the 
amendments proposed by Parliament.  

2. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(2006)388 final – 2006/0136/COD): 

18 July 2006 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

31 May 2007 

Date of the opinion of the Committee of the Regions 

13 February 2007 

Date of the opinion of the European Parliament, first reading: 

23 October 2007 

Date of transmission of the amended proposal: 

Date of political agreement 

11 March 2008 

23 June 2008 

Date of adoption of the common position: 

15 September 2008 

Date of the opinion of the European Parliament (Second Reading) 

13 January 2009  

3. 

PURPOSE OF THE PROPOSAL 

The proposed Regulation would replace the existing legislation on the placing on the 
market  of  plant  protection  products  (Council  Directive  91/414/EEC),  thoroughly 
revising  the  procedures  for  the  safety  evaluation  of  active  substances  and  plant 
protection products. However, it keeps the two steps procedure of the Directive:  

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Approval of active substances at EU level 

Authorisation of plant protection products, containing approved substances, by 
Member States. 

For  simplification,  it  would  also  repeal  Council  Directive  79/117/EEC  prohibiting 
the  placing  on  the  market  and  use  of  plant  protection  products  containing  certain 
active  substances.  The  main  aim  of  the  proposal  is  to  maintain  a  high  level  of 
protection  for  humans,  animals  and  the  environment;  to  reduce  the  administrative 
burdens of the present approval and authorisation procedures and to achieve a higher 
level of harmonization. 

This  proposal  should  be  seen  as  part  of  a  package  together  with  the  Thematic 
Strategy  on  the  Sustainable  Use  of  Pesticides  and  the  proposal  for  a  Framework 
Directive, which fills a legal gap in the use phase of pesticides, as well as a proposal 
for  a  Regulation  on  the  collection  of  statistics  regarding  the  placing  on  the  market 
and the use of plant protection products. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

The  EP  voted  in  second  reading  a  consolidated  text  which  contains  a  number  of 
amendments to the text of the Common Position. The text is the result of negotiations 
between  the  Council,  the  EP  and  the  Commission.  All  amendments  are  mainly  of 
technical nature and are in line with and strengthen the key principles of the initial 
proposal. 

The Commission accepts all the amendments voted by the EP. The outcome of the 
second reading in the EP was very satisfactory. 

5. 

CONCLUSION 

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

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