CELEX: 51976PC0444
Language: en
Date: 1976-07-29
Title: Proposal for a COUNCIL DIRECTIVE prohibiting the placing on the market and the use of plant protection products containing certain active substances (submitted to the Council by the Commission)

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COM (76) 444
Vol. 1976/0136
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(76)444 final.
 \                   il
                                         Brussels , 29 July 1976 .
                                                           \ ,
                                                           . i
                                Proposal for a
                             COUNCIL  DIRECTIVE
        prohibiting the placing on the market and the use of plant
         protection products containing certain active substances
                ( submitted to the Council "by the Commission )
   COM (7 6) 444 final ,
                                                                   V
 ---pagebreak--- ♦
  Proposal for a Council Directive prohibiting the placing on the market
  and use of plant proteotion products containing pertain active substances#
  Explanatory Memorandum
  I. General Introduction
      The fol" owing proposal for a Directive concerns prohibition of the
      marketing and use of certain plant protection products containing
      active substances whose use is hazardous to human or animal health
      or is unduly harmful to the environment .
      It essentially complements the parallel proposal for a Council
      Directive concerning the placing of EEC-accepted plant protection
      products on the market * The latter envisages the creation of the
      type of an "EEC-accepted " plant protection product which may be
      placed freely on the market throughout the Community * Under its
      provisions , however . Member States would remain free to regulate
      and , in particular , prohibit the marketing and use within their
      own territory of plant protection products , other than EEC-aocepted
      products , in accordance with national provisions *
      Such prohibitions introduced by Member States * ften differ and ,
      where these differences are not due to special lecal conditional
      in particular different ecological ceaditiena , they constitute
      obstacles to trade *
 ---pagebreak---                                        - II
             On the other hand , the lack of certain prohibitions may expose
             the Community as a whole to risks to human or animal health
          .  or  to the environment *
             It is necessary therefore to provide , through this Directive ,
             the means whereby such national prohibitions and restrictions
            may be harmonised at Community level * In a first stage , it
             covers plant protection products containing certain mercury
            or organo-chlorine active substances * These substances have
            been the subject of extensive study in recent years (1 ), their
            use is now generally recognised to be undesirable in agricul­
            ture and has already been prohibited , or otherwise discontinued ,
            in some Member States *
            This proposal also represents a contribution to the Communities'
            environmental policy as envisaged in the Programme of Action of
            the European Communities on the Environment ( 2 )*
      XI * Notes on individual Articles
            Article 1
            This Article defines - the scope of the Directive which concerns
            prohibition of the placing on the market and use of certain
            plant protection products *
            Article 2
            This Article defines certain terms used in the Directive *
            notably that of "plant protection product ", which is the same
            as that used in the complementary proposal concerning "EEC-
            acceptance ".
            Article 3
    . . .                 ■
            This Article requires Member states to ensure that plant
            protection products containing one or more of the active
            substances listed in the Annex ( column 1 ) may neither be placed
            on the market nor used *
            Article
            This Article grants Member States a limited right , either for
            a fixed period or for a period presently not y<jt fixed , to
            permit , by way of derogation , the marketing or use of otherwise     '
            prohibited products for specific uses ( column 2 of the Annex),
            particularly where such uses are indispensable on ecological
            grounds *
                        ^                    '                                 •/♦
(1 ) See , for example "The use of mercury and alternative compounds
        as seed dressings " published by TAO and WHO , 197** and "Consequences
        ecologiques de l 1 application des techniques modernes de production
        en agrioulture ", Informations internes sur 1 * agriculture. «   137 »
       November 197^i published by the Commission of the European Communi­
        ties                                    • ,
( 2) OJ N # C 112 | 20/12/1973
 ---pagebreak---                                        - III -
        It must be emphasised that Member States may avail themselves of
        these limited derogations but are not obliged to do so .
        Further , it is intended that all these derogations will bo subject
        to frequent review with a view to phasing them out as soon as less
        hazardous replacement treatments become available *
        Article 5
        This Article excludes plant protection products intended for
        research or analytical purposes or for export to third countries ,
        since the latter generally have their own regulations .
                                                 \
        Article 6
        Under the provisions of this Article , amendments to the Annex
        made necessary by the development of scientific and technical
        knowledge are to be adopted through the procedure of the Standing
        Committee on Plant Health . It also establishes the criteria for
        inclusion of further active substances in the Annex , i.e. hazard
        to human or animal health or unreasonable adverse influence on
        the environment .
        Article 7
        This is a sp<sciil derogation authorising Member States temporarily
        to permit the marketing and use of certain prohibited plant pro­
        tection products when faced with an unpredictable threat to crop
        production , which cannot be contained by other means . A typical
         case would be a serious attack of a novel pest resistant to other
        plant protection products .
         Article 8
        This Article lays down the procedure of the Standing Committee
         on Plaint Health in the context of this Directive .  It corresponds
         to earlier Commission proposals ia similar cases .
III . Consultation of Interested Parties
        1            '       ' '            11                  ■■      S
         This Proposal for a Directive has been drawn up with the assistance
v.        of government experts on agriculture , public health and the envi­
          ronment , and after consultation of the industrial and consumer
          organisations concerned . In preparing it account has also been
          talcen of existing international recommendations in this field .
   IV * Consultation of the European Parliament and the Economic and Social
          Commit tee
          The European Parliament and the Economic and Social Committee must
          be consulted in accordance with Article 100 of the Treaty , since
          the implementation of this Directive involves the amendment of
          legislation in one or more Member States *
 ---pagebreak---  Proposal for a Counoil Direotive prohibiting the placing on the rarket
 and use of plant proteotion products containing certain aotive sub­
 stances *
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 100 thereof |
Having regard to the proposal from the Commission |
Having regard to the Opinion of the European Parliament f
Having regard to the Opinion of the Economic and Social Committee J
Whereas plant production has a very important place in the European •
Communities f
Wheroas the yield from that production is continually being affected
by harmful organisms and weeds and whereas it is absolutely eoccntiaJL
bo protect plants against these risks to prevent a fall in yields and
thereby help to assure the availability of supplies |
Whereas one of the most important methods of protecting plants and
plant products and of increasing the productivity of agriculture is
to use plant protection products ;
Whereas the effects of these plant protection products may not be
wholly favourable for plant production and their use nay involve risks
for man and the environment since , in the main , they are toxic sub­
stances or preparations having dangerous effects ;
Whereas in the case of certain plant protection products these risks
are so great that their use can no longer be wholly or partially
tolerated i
                        t
Whereas a number of Member States have therefore not only regulated
the marketing of plant protection products but have also introduced |
for certain plant protection products , restrictions er prohibitions
of use covering also their marketing |
Whereas these provisions differ in the various Member States and result
in obstacles to trade which directly affect the establishment and
functioning of the common market |
Whereas it is therefore desirable to eliminate these obstacles by ali­
gning the relevant provisions laid down in the Member States by law,
regulation or administrative provision}
 ---pagebreak---                                        - 2 -
   Whereas it therefore seems justified , as a basic principle t to
   introduce prohibitions of the use of all plant protection products
   containing active substances which , even when properly applied for
   the purpose intended , give rise to danger to human or animal, health
   or to unreasonable adverse influence on the environment |
   Whereas for some of these plant protection products national
   derogations may , however , be permitted to a limited extent for those
   uses where , for ecological reasons , there is a particular need and
   vhere there exists a lesser risk than in the case of their other
   previous uses *
   Whereas even these derogations should be phased out as soon as lees
   hazardous treatawntasi become available } whereas time limita are therefore
   set for some of the derogations ;
   Whereas , on the other hand ,   it is necessary to grant Member States
   a limited right to suspend      temporarily , on their own authority , prohi-
 ' bitions of use in the event     of an unpredictable danger which threatens
   plant production and cannot     be contained by other means (
   Whereas the Directive excludes plant protection products intended for
   research and analytical purposes |
                           is
   Whereas^ moreover , it/not appropriate to apply Community provisions to
   plant proteotion products, intended for export to third countries ,
   because in general these countries have their own regulations )
   Whereas the implementation of this Directive and the adaptation of its
   Annex to the development of technical and acientific knowledge neces­
   sitates a close cooperation between the Commission and Member States |
   whereas the procedure of the Standing Committee on Plant Health offers
. a suitable basis for this |
   HAS ADOPTED THIS DIRECTIVE I
                                     Article 1
   This Directive concerns prohibition of the plaoing on the market and
   use of plant proteotion products containing oertain active substance «•
                                     Article 2
   For the purposes of this Directive the following definitions shall
   apply t
   1 * Plant protection products
      . Active subn*r>nces and preparations containing one or more active
        substance : f unded I
        1.1 to destroy organisms harmful to plants or plant products or to
            protect them from such organisms , in so far as such substances
            tr preparations are not defined in the following provisional
        1*2 to influence the life processes of plants , other than as *
            nutrient .
 ---pagebreak---       1*3 to preserve plant products , in so far as they are not subject
           te special Council or Commission provisions on preservatives ,
      l»if to destroy undesired plants , or
      1 *5 to destroy parts of plants or to prevent undesired growth of
           plants .
2 * Substances
     Chemical elements and their compounds , as they occur naturally or
     by manufacture .
3 . Preparations
     Mixtures or solutions composed of two or more substancea , o - of
   mioro- organisms or viruses used as plant protection products *
4 » Active substances
     Substances , micro-organisms and viruses , having general or specific
     action -
     *f.l against harmful organisms , or
     k *2 on plants , parts of plants or plant products *
5 * Plant 6
     Live plants and live parts of plants f including fresh fruit and
     seed .
6 * Plant products
     Products , in the unprocessed state or having undergono only simple
     preparation such as milling , drying , or pressing , derived from
     plants , but excluding plants themselves as defined in 5 *
                          »
7 « Harmful organisms
     Pests of plants or of plant products * belonging to the animal or
     plant kingdoms , and viruses *
8 * Animals
      Animals belonging to species normally nourished and kept or consumed
     by man *
9 * Placing on the market
     Any handing over , whether in return for payment or free of charge *
                                     Article 3
Member States shall ensure that plant protection products containing
one or more of the active substances listed in the Annex may neither be
placed on the market nor used *
                                     Article *»•
 (1 ) By way of derogation from Article 3 , Member States are authorised
        to permit the placing on the market or use within their territory
       of certain plant protection products containing one or more of the
        aotive substances listed in the Annex in the oases set out in
 ---pagebreak---                                      - L .
        column 2 of the Annex , provided that the time limits laid down
        in column 3 are observed *
( 2 ) Member States shall inform the other Member States and the
       Commission of any implementation of paragraph 1 *
                                     Article 5
        The Directive shall not apply to plant protection products
        intended for
        a) purposes of research or analysis , er
        b ) export to third countries .
                                     Article 6
( 1 ) Amendments to the Annex made necessary by the development of
        scientific and technical knowledge shall be adopted in accordance
     . with the procedure laid down in Article 8 *
( 2 ) An active substance shall be included in the Annex iff even when
       properly applied for the purpose intended , its use gives rise to
        a) danger to human or animal health , or
        b ) unreasonable adverse influence on the environment *
                                     Article 7
( 1 ) If it appears necessary because of an unpredictable danger
       threatening plant production , which cannot be contained by other
        means , to use in a Member State a plant protection product con­
        taining one or more of the active substances listed in the Annex ,
        the Member State in question may temporarily permit the placing
        on the market and use of such product for a maximum period of
        60 days and shall immediately inform the other Member States and
        the Commission thereof *
( 2 ) It shall be established without delay in accordance with the
       procedure laid down in Article 8 whether and , if so , under what con­
        ditions the action taken by the Member State pursuant to paragraph
        ( 1 ) may be continued or repeated*
                                     Article 8
(1 ) Where the procedure laid down in this Article is to be followed ,
        matters shall be referred without delay by the Chairman , either
        on his own initiative or at the request of a Member State,' to
        the Standing Committee on Plant Health set up by the Council
        Decision of *•*, hereinafter called the "Committee "*
( 2) Within the Committee , the votes of the Member States shall be
        weighted as provided in Article 1^8 ( 2 ) of the Treaty * The
        Chairman shall not vote *
 ---pagebreak--- ( 3) The representative of the Commission shall submit a draft of
      the measures to be adopted .   The Committee shall deliver ite
      Opinion on such measures within a timo ?. imit set by the
      Chairman according to the urgency of the matters . Opinions
      shall be adopted by a majority of forty-one vote6 .
( 4) The Commission shall adopt the measures and implement them
      forthwith where they are in p^cordance with the Opinion of
      the Committee . Where they are not in accordance with the
      Opinion of the Committee , or if no Opinion is delivered | the
      Commission shall without delay propose to the Council the
      measures to be adopted . The Council shall adopt the measures
      by a qualified majority .
      If the Council has not adopted any mcasnmn within '
      months of the proposal being submitted to it t t>t <» Copii-p.f-.nion
      shall adopt the proposed measures and implement, them iorthwith
                              Article 9
( 1 ) The Member States shall not later thr>n 1 January 197? bring
      into force the laws , regulations and administrative provisions
      necessary to comply with the provisions of this Directive and
      its Annex . They shall forthwith inform the Commission thereof
( 2 ) On notification of this Directive Member States shall inform
      the Commission , in time to enable it to put forward its
      comments , of all draft laws , regulations or administrative
      provisions which they contemplate adopting in the field
      covered by this Directive .
                              Article 10
This Directive is addressed to the Member States *
 ---pagebreak---                                                            ANNEX
              (1)                          (2)                          ( 3)
 Description of the active
 substance or group of         Uses pormitted in accordance      Period of
 active substances             with Article k                    authorisation
 1 » mercuric oxide            as a canker paint on fruit
                               trees
 2 * other inorganic
     mercury compounds
     alkyl mercury         ( a) dipping of bulbs and seed
     compounds                    potatoes
                            ( b ) treatment of basic and
                                  pre-basic cereal seed ,
                                  except maize
 4 * alkoxyalkyl and        ( a ) as a canker paint on fruit
     aryl mercury                 trees
     compounds
                           ( b ) dipping of bulbs and seed
                                  potatoes
                           ( c ) seed treatment of cereals *
                                  beet , flax and rape
 5 » aldrin                soil treatment against Otiorrhyncus        until
                           in nursery stock t strawberries ,          31 December
                           ornamentals and vines               I      1979
 6 * chlordane
 7 * dieldrin              soil treatment against                until 31 December
                           Otiorrhyncus in nursery stock ,       1979
                           strawberries , ornamentals and
                           vines
 8 . DDT
 9 * endrin                as a miticide on cyclamen and         until 31 December
                           on strawberry propagating             1979
                           material                  \ .
10 * HCH cont&ining
     less than 99*0 % of                                 \
     the gamma-isomer
11 * heptachlor
12 • hexachlorobenzene