Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances

Council Directive
of 21 December 1978
prohibiting the placing on the market and use of plant protection products containing certain active substances
(79/117/EEC)
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 [1],
Having regard to the opinion of the European Parliament [2],
Having regard to the opinion of the Economic and Social Committee [3],
Whereas plant production has a very important place in the European Economic Community;
Whereas the yield from that production is continually being affected by harmful organisms and weeds; whereas it is absolutely essential to protect plants against these risks to prevent a fall in yields and thereby help to ensure 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; whereas their use may involve risks for man and the environment since, in the main, they are toxic substances 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;
Whereas the Member States have therefore not only controlled the marketing of plant protection products but have also introduced, for certain plant protection products, restrictions or 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 aligning the relevant provisions laid down in the Member States by law, regulation or administrative provision;
Whereas it therefore seems justified, as a basic principle, to introduce prohibitions of the use of all plant protection products containing active substances which, even when properly used for the purpose intended, give rise or are likely to give rise to harmful effects on human or animal health or to unreasonable adverse effects 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, a particular need exists and where the risk is less than in the case of their other previously sanctioned uses;
Whereas even these derogations should be phased out as soon as less hazardous treatments become available;
Whereas, on the other hand, it is necessary to grant Member States a limited right to suspend temporarily, on their own authority, prohibitions of use in the event of an unforeseeable danger threatening plant production which cannot be contained by other means;
Whereas the Directive excludes plant protection products intended for research and analytical purposes;
Whereas, moreover, it is not appropriate to apply Community provisions to plant protection products intended for export to third countries, since 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 scientific knowledge necessitates a close cooperation between the Commission and Member States; whereas the procedure — for the present, limited in time — of the Standing Committee on Plant Health and involvement of the Scientific Committee for Pesticides offers a suitable basis for this,