natgillin/translations-raw huggingface dataset:
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
The previous subparagraph shall be without prejudice to Member States' competence to negotiate in international bodies and to conclude international agreements.
In the light of the above, it is to be established whether Article 152(4) together with Article 175(1) should constitute the proper legal basis for the proposed Regulation.
In the light of the above, it is to be established whether Article 152(4) together with Article 175(1) should constitute the proper legal basis for the proposed Regulation.
According to the explanatory memorandum, the proposed directive contains rules on:
According to the explanatory memorandum, the proposed directive contains rules on:
· Establishment of National Action Plans to set objectives to reduce hazards, risks and dependence on chemical control for plant protection (National Action Plans-NAPs), which will allow for the necessary flexibility to adapt the measures to the specific situations in the Member States.
· Establishment of National Action Plans to set objectives to reduce hazards, risks and dependence on chemical control for plant protection (National Action Plans-NAPs), which will allow for the necessary flexibility to adapt the measures to the specific situations in the Member States.
· Involvement of stakeholders in the setting up, implementation and adaptation of the NAPs.
· Involvement of stakeholders in the setting up, implementation and adaptation of the NAPs.
· Creation of a system of training and awareness-raising for distributors and professional users of pesticides in order to ensure that they are fully aware of the risks involved.
· Creation of a system of training and awareness-raising for distributors and professional users of pesticides in order to ensure that they are fully aware of the risks involved.
Better information for the general public through awareness-raising campaigns, information passed on through retailers, and other appropriate measures.
Better information for the general public through awareness-raising campaigns, information passed on through retailers, and other appropriate measures.
· Regular inspection of application equipment in order to reduce adverse impacts of pesticides on human health (in particular as regards operator exposure) and the environment during application.
· Regular inspection of application equipment in order to reduce adverse impacts of pesticides on human health (in particular as regards operator exposure) and the environment during application.
· Prohibition of aerial spraying with derogation possible, to limit the risks of significant adverse impacts on human health and the environment, in particular from spray drift.
· Prohibition of aerial spraying with derogation possible, to limit the risks of significant adverse impacts on human health and the environment, in particular from spray drift.
· Specific measures to protect the aquatic environment from pollution by pesticides.
· Specific measures to protect the aquatic environment from pollution by pesticides.
· Defining areas of significantly reduced or zero pesticide use in line with measures taken under other legislation (such as the Water Framework Directive, the Birds Directive, the Habitats Directive, etc.) or to protect sensitive groups.
· Defining areas of significantly reduced or zero pesticide use in line with measures taken under other legislation (such as the Water Framework Directive, the Birds Directive, the Habitats Directive, etc.) or to protect sensitive groups.
· Handling and storage of pesticides and their packaging and remnants.
· Handling and storage of pesticides and their packaging and remnants.
· Development of Community-wide standards on Integrated Pest Management (IPM), and establishment of necessary conditions for implementation of IPM.
· Development of Community-wide standards on Integrated Pest Management (IPM), and establishment of necessary conditions for implementation of IPM.
· Measuring progress in risk reduction through appropriate harmonised indicators.
· Measuring progress in risk reduction through appropriate harmonised indicators.
· Establishment of a system of information exchange for continuous development and improvement of appropriate guidance, best practices, and recommendations.
· Establishment of a system of information exchange for continuous development and improvement of appropriate guidance, best practices, and recommendations.
It is clear from both the preamble and the operative part of the proposal for a directive that it is equally balanced between protecting human health and protecting the environment.
It is clear from both the preamble and the operative part of the proposal for a directive that it is equally balanced between protecting human health and protecting the environment.
The question is whether it is necessary to add Article 152(4) to the existing legal basis of Article 175(1).
The question is whether it is necessary to add Article 152(4) to the existing legal basis of Article 175(1).
As we know, Article 175(1) refers to the objectives referred to in Article 174, which, for its part, includes the objective of "protecting human health".
As we know, Article 175(1) refers to the objectives referred to in Article 174, which, for its part, includes the objective of "protecting human health".
If we now turn to Article 152(4), it provides in point (d) for the adoption under the codecision procedure of measures in the phytosanitary field which have as their direct objective the protection of public health in order to contribute to the achievement of the objectives referred to in the opening part of Article 152.
If we now turn to Article 152(4), it provides in point (d) for the adoption under the codecision procedure of measures in the phytosanitary field which have as their direct objective the protection of public health in order to contribute to the achievement of the objectives referred to in the opening part of Article 152.
Indeed the second subparagraph of Article 152(1) does refer to "preventing human illness and disease" and to "obviating sources of danger to human health".
Indeed the second subparagraph of Article 152(1) does refer to "preventing human illness and disease" and to "obviating sources of danger to human health".
Article 152(1) refers specifically to Community action as being complementary to national policies and to improving public health and the fight against major health scourges.
Article 152(1) refers specifically to Community action as being complementary to national policies and to improving public health and the fight against major health scourges.
Article 152 may therefore be regarded as an appropriate legal basis for measures concerned with public heath.
Article 152 may therefore be regarded as an appropriate legal basis for measures concerned with public heath.
Given therefore that the proposal for a directive is equally balanced between protecting human health and protecting the environment, it is appropriate that there should be a dual legal basis, namely Article 152(4) and Article 175(1) of the EC Treaty .
Given therefore that the proposal for a directive is equally balanced between protecting human health and protecting the environment, it is appropriate that there should be a dual legal basis, namely Article 152(4) and Article 175(1) of the EC Treaty .
At its meeting of 12 September 2007 the Committee on Legal Affairs accordingly decided, unanimously
At its meeting of 12 September 2007 the Committee on Legal Affairs accordingly decided, unanimously
The following were present for the final vote: Giuseppe Gargani (chairman), Cristian Dumitrescu (vice-chairman), Rainer Wieland (vice-chairman), Lidia Joanna Geringer de Oedenberg (vice-chairwoman), Marek Aleksander Czarnecki, Albert Deß, Bert Doorn, Janelly Fourtou, Monica Frassoni, Jean-Paul Gauzès, Othmar Karas, Piia-Noora Kauppi, Barbara Kudrycka, Klaus-Heiner Lehne, Katalin Lévai, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Michel Rocard, Aloyzas Sakalas, María Sornosa Martínez, Francesco Enrico Speroni, Daniel Strož and Jacques Toubon. , to recommend that the appropriate legal basis for 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 should be Article 152(4) and Article 175(1) of the EC Treaty.
The following were present for the final vote: Giuseppe Gargani (chairman), Cristian Dumitrescu (vice-chairman), Rainer Wieland (vice-chairman), Lidia Joanna Geringer de Oedenberg (vice-chairwoman), Marek Aleksander Czarnecki, Albert Deß, Bert Doorn, Janelly Fourtou, Monica Frassoni, Jean-Paul Gauzès, Othmar Karas, Piia-Noora Kauppi, Barbara Kudrycka, Klaus-Heiner Lehne, Katalin Lévai, Hans-Peter Mayer, Manuel Medina Ortega, Hartmut Nassauer, Michel Rocard, Aloyzas Sakalas, María Sornosa Martínez, Francesco Enrico Speroni, Daniel Strož and Jacques Toubon. , to recommend that the appropriate legal basis for 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 should be Article 152(4) and Article 175(1) of the EC Treaty.
Giuseppe Gargani,
Giuseppe Gargani,
on 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
on 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
The use of pesticides or plant protection products provides substantial advantages for farmers and consumers by helping ensure reliable supplies of a broad range of affordable agricultural products.
The use of pesticides or plant protection products provides substantial advantages for farmers and consumers by helping ensure reliable supplies of a broad range of affordable agricultural products.
Plant protection products can also play a considerable role in the further development and application of biofuels where manufactured from crops.
Plant protection products can also play a considerable role in the further development and application of biofuels where manufactured from crops.
At the same time, pesticides are designed to eradicate certain organisms and may therefore also cause unwanted adverse effects on human health and the environment.
At the same time, pesticides are designed to eradicate certain organisms and may therefore also cause unwanted adverse effects on human health and the environment.
In order to ensure the responsible and sustainable use of pesticides, a European policy has therefore been pursued in this area since as far back as 1979.
In order to ensure the responsible and sustainable use of pesticides, a European policy has therefore been pursued in this area since as far back as 1979.
However, the current situation is not ideal: unwanted amounts of certain pesticides can still be found in the environment (air, soil and water) with potential risks to man and the environment.
However, the current situation is not ideal: unwanted amounts of certain pesticides can still be found in the environment (air, soil and water) with potential risks to man and the environment.
These shortcomings are clearly described in the Commission’s recently published ‘Thematic strategy on the sustainable use of pesticides’ and, to counteract them, the Commission has produced two legislative proposals, i.e. a regulation on the placing of plant protection products on the market (COM(2006)388) and the present proposal on the use thereof.
These shortcomings are clearly described in the Commission’s recently published ‘Thematic strategy on the sustainable use of pesticides’ and, to counteract them, the Commission has produced two legislative proposals, i.e. a regulation on the placing of plant protection products on the market (COM(2006)388) and the present proposal on the use thereof.
Both proposals need therefore to be taken together.
Both proposals need therefore to be taken together.
Your draftswoman takes a favourable view of the Commission proposal which sets out to:
Your draftswoman takes a favourable view of the Commission proposal which sets out to:
§ require Member States to draw up national action plans containing an inventory of crops, activities or areas at risk and appropriate solutions along with objectives and timetables for achieving them;
§ require Member States to draw up national action plans containing an inventory of crops, activities or areas at risk and appropriate solutions along with objectives and timetables for achieving them;
§ introduce a compulsory system for training distributors and professional users of pesticides;
§ introduce a compulsory system for training distributors and professional users of pesticides;
§ provide more and better information where pesticides are sold and for the general public;
§ provide more and better information where pesticides are sold and for the general public;
§ arrange for regular technical inspection and maintenance of application equipment using harmonised standards;
§ arrange for regular technical inspection and maintenance of application equipment using harmonised standards;
§ introduce specific rules to protect the aquatic environment such as the demarcation of buffer strips and other measures to limit drifts;
§ introduce specific rules to protect the aquatic environment such as the demarcation of buffer strips and other measures to limit drifts;
§ and, importantly, introduce a ban on aerial spraying in order to counteract the risks of spray drift but with the possibility of granting Member States (clearly defined) derogations.
§ and, importantly, introduce a ban on aerial spraying in order to counteract the risks of spray drift but with the possibility of granting Member States (clearly defined) derogations.
Your draftswoman welcomes the proposed harmonisation which is important not only in order to guarantee a high level of protection of public health and the environment throughout the Community but also in order to create a level playing field for farmers and pesticide products.
Your draftswoman welcomes the proposed harmonisation which is important not only in order to guarantee a high level of protection of public health and the environment throughout the Community but also in order to create a level playing field for farmers and pesticide products.
In view of the wide diversity of geographic, agricultural and climatic conditions in the various Member States, your draftswoman also agrees with the large measure of flexibility accorded to the Member States at the level of practical implementation.
In view of the wide diversity of geographic, agricultural and climatic conditions in the various Member States, your draftswoman also agrees with the large measure of flexibility accorded to the Member States at the level of practical implementation.
Nevertheless, your draftswoman takes the view that the use of non-chemical plant protection can be encouraged still further by the dissemination of best practice and by frequent application of integrated plant protection.
Nevertheless, your draftswoman takes the view that the use of non-chemical plant protection can be encouraged still further by the dissemination of best practice and by frequent application of integrated plant protection.
This Directive shall apply without prejudice to any other relevant Community legislation.
This Directive shall apply without prejudice to any other relevant Community legislation.
This Directive shall apply without prejudice to any other relevant Community legislation or to any national fiscal measures to encourage the use of less harmful pesticides .
This Directive shall apply without prejudice to any other relevant Community legislation or to any national fiscal measures to encourage the use of less harmful pesticides .
Article 2, paragraph 2 a (new)
Article 2, paragraph 2 a (new)
Member States may provide subsidies or take fiscal measures to encourage the use of less harmful plant protection products.
Member States may provide subsidies or take fiscal measures to encourage the use of less harmful plant protection products.
This may include the introduction of a pesticides levy on all products except for non-chemical products or plant protection products with a low or reduced level of risk as defined in Articles 46(1) and 46a(1) of Regulation (EC) No [...] concerning the placing of plant protection products on the market.
This may include the introduction of a pesticides levy on all products except for non-chemical products or plant protection products with a low or reduced level of risk as defined in Articles 46(1) and 46a(1) of Regulation (EC) No [...] concerning the placing of plant protection products on the market.
(ia) ‘pesticide’ means plant protection product as defined in Regulation (EC) No [...] concerning the placing of plant protection products on the market.
(ia) ‘pesticide’ means plant protection product as defined in Regulation (EC) No [...] concerning the placing of plant protection products on the market.
Article 4, paragraph 1, subparagraph 1
Article 4, paragraph 1, subparagraph 1
Member States shall adopt national action plans to set up targets, measures and timetables to reduce risks, including hazards, and dependence on pesticides.
Member States shall adopt national action plans to set up targets, measures and timetables to reduce risks, including hazards, and dependence on pesticides.
Member States shall adopt national action plans to set up targets, measures and timetables to reduce risks, including hazards, of pesticides.
Member States shall adopt national action plans to set up targets, measures and timetables to reduce risks, including hazards, of pesticides.
The targets shall be in conformity with the provisions of Articles 4(1) and 16 of Directive 2000/60/EC.
The targets shall be in conformity with the provisions of Articles 4(1) and 16 of Directive 2000/60/EC.
The national action plans should be aimed primarily at combating risks and hazards arising from the use of pesticides and not so much at combating their actual use.
The national action plans should be aimed primarily at combating risks and hazards arising from the use of pesticides and not so much at combating their actual use.
It is important to base the national action programmes also on the objectives contained in the water framework directive.
It is important to base the national action programmes also on the objectives contained in the water framework directive.
Article 4, paragraph 1, subparagraph 1 a (new)
Article 4, paragraph 1, subparagraph 1 a (new)
Part of the national action plans shall be devoted to integrated pest management as defined in Article 13 with priority being given to plant protection measures employing non-chemical techniques.
Part of the national action plans shall be devoted to integrated pest management as defined in Article 13 with priority being given to plant protection measures employing non-chemical techniques.
Integrated plant protection must be encouraged.
Integrated plant protection must be encouraged.
Member States shall ensure that distributors selling pesticides classified as toxic or very toxic pursuant to Directive 1999/45/EC of the European Parliament and of the Council , have at least one person in their employment , who has a certificate referred to in Article 5(2) , and who shall be present and available at the place of sales to provide information to customers as regards pesticide use.
Member States shall ensure that distributors selling pesticides classified as toxic or very toxic pursuant to Directive 1999/45/EC of the European Parliament and of the Council , have at least one person in their employment , who has a certificate referred to in Article 5(2) , and who shall be present and available at the place of sales to provide information to customers as regards pesticide use.
Member States shall ensure that distributors selling pesticides have at least one person in their employment who has a certificate referred to in Article 5(2) and who shall be present and available at the place of sales to provide information to customers as regards pesticide use.
Member States shall ensure that distributors selling pesticides have at least one person in their employment who has a certificate referred to in Article 5(2) and who shall be present and available at the place of sales to provide information to customers as regards pesticide use.
Instead of invariably being dealt with in the place where a product is sold, informationis sometimes provided on site on a farm.
Instead of invariably being dealt with in the place where a product is sold, informationis sometimes provided on site on a farm.
Member States shall promote and facilitate awareness programmes and availability of information relating to pesticides for the general public , in particular regarding their health and environmental effects and non-chemical alternatives.
Member States shall promote and facilitate awareness programmes and availability of information relating to pesticides for the general public , in particular regarding their health and environmental effects and non-chemical alternatives.
Member States shall promote and facilitate awareness programmes and availability of information relating to pesticides for professional and non-professional users ,, in particular regarding their effects on agricultural production, health and the environment, and non-chemical alternatives.
Member States shall promote and facilitate awareness programmes and availability of information relating to pesticides for professional and non-professional users ,, in particular regarding their effects on agricultural production, health and the environment, and non-chemical alternatives.
It is important to conduct a balanced awareness campaign in which all advantages and drawbacks must be aired.
It is important to conduct a balanced awareness campaign in which all advantages and drawbacks must be aired.
Pesticides also have advantages such as ensuring maximum farm output, higher-quality agricultural products, limiting soil erosion, compliance with plant health requirements and facilitating international trade in agricultural products.
Pesticides also have advantages such as ensuring maximum farm output, higher-quality agricultural products, limiting soil erosion, compliance with plant health requirements and facilitating international trade in agricultural products.
Article 10, paragraph 1, introductory part
Article 10, paragraph 1, introductory part
(1) Member States shall ensure that, when pesticides are used in the vicinity of water bodies, preference is given to:
(1) Member States shall ensure that, when pesticides are used in the vicinity of water bodies, preference is given to:
(1) Member States shall ensure that, when pesticides are used in the vicinity of water bodies, particularly those supplying water intended for human consumption, preference is given to:
(1) Member States shall ensure that, when pesticides are used in the vicinity of water bodies, particularly those supplying water intended for human consumption, preference is given to:
Bodies of water intended for human consumption should be given special protection in order to ensure that the provisions of Article 7 of the Water Framework Directive are complied with.
Bodies of water intended for human consumption should be given special protection in order to ensure that the provisions of Article 7 of the Water Framework Directive are complied with.
The prohibition or restriction referred to in point (b) may be based on the results of relevant risk assessments.
The prohibition or restriction referred to in point (b) may be based on the results of relevant risk assessments.
The prohibition or restriction shall be based on the results of relevant risk assessments.
The prohibition or restriction shall be based on the results of relevant risk assessments.
Article 12, paragraph 1, introductory part
Article 12, paragraph 1, introductory part