Legal provisions of COM(1976)444 -

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dossier COM(1976)444 - .
document COM(1976)444 EN
date December 21, 1978

Contents

Article 1

This Directive concerns prohibition of the placing on the market and use of plant protection products containing certain active substances.

Article 2

For the purposes of this Directive the following definitions shall apply:

1. Plant protection products

Active substances and preparations containing one or more active substances intended:

1.1. to destroy organisms harmful to plants or plant products or to protect them from such organisms, in so far as such substances or preparations are not defined in the following provisions;

1.2. to, influence the life processes of plants, other than as a nutrient;

1.3. to preserve plant products, in so far as such substances or products are not subject to special Council or Commission provisions on preservatives;

1.4. 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 substances, or of micro-organisms or viruses used as plant protection products.

4. Active substances

Substances, micro-organisms and viruses, having general or specific action:

4.1. against harmful organisms; or

4.2. on plants, parts of plants or plant products.

5. Plants

Live plants and live parts of plants, including fresh fruit and seed.

6. Plant products

Products, in the unprocessed state or having undergone only simple preparation such as milling, drying or pressing, derived from plants, but excluding plants themselves as defined in point 5.

7. Harmful organisms

Pests of plants or of plant products, which belong to the animal or plant kingdoms, or which are viruses, mycoplasmas or other pathogens.

8. Animals

Animals belonging to species normally nourished and kept or consumed by man.

9. Placing on the market

Any transfer of possession, whether in return for payment or free of charge.

10. Environment

The relationship of human beings with water, air, land and all biological forms.

Article 3

Member States shall ensure that plant protection products containing one or more of the active substances listed in the Annex may be neither placed on the market nor used.

The first paragraph shall not apply to plant protection products which contain negligible impurities because of the nature of their manufacturing process, provided that they have no harmful effects on human beings, animals or the environment.

Article 4

1. By way of derogation from Article 3, Member States shall be temporarily authorized to permit the placing on the market or the use within their territory of plant protection products containing certain of the active substances listed in the first column of the Annex in the cases set out in the second column.

2. Member States shall inform the other Member States and the Commission of any cases in which paragraph 1 is applied and, if the Commission so requests, shall provide it with details of the extent to which each such active substance is used.

Article 5

The Directive shall not apply to plant protection products intended for:

(a) purposes of research or analysis; or

(b) export to third countries.

Article 6

1. After consultation by the Commission of the Scientific Committee on Pesticides set up under Decision 78/436/EEC the following shall be adopted in accordance with the procedure laid down in Article 8:

(a) any amendments necessary within groups A (mercury compounds) and B (persistent organochlorine compounds) of the substances in column 1 of the Annex;

(b) any amendments necessary to column 2 of the Annex. If a derogation is to be cancelled, prior consultation of the Scientific Committee shall not be necessary, provided that all Member States have informed the Commission that they do not intend or no longer intend to avail themselves of that derogation. This information may be supplied to the Standing Committee on Plant Health set up under Decision 76/894/EEC .

2. Paragraph 1 shall apply for a period of five years as from 1 January 1981.

The Council, acting unanimously on a proposal from the Commission, may decide to extend the, period of validity of paragraph 1 or to remove any limit on its application.

3. Any amendments to the Annex which are not provided for in paragraph 1 shall be adopted by the Council acting on a proposal from the Commission.

4. The Commission shall examine at least every two years whether and to what extent the second column of the Annex should be amended.

5. All amendments to the Annex shall be made by reason of the development of scientific and technical knowledge.

6. An active substance shall be included in the Annex if, even when properly applied for the purpose intended, its use gives rise or is likely to give rise to:

(a) harmful effects on human or animal health;

(b) unreasonable adverse effects on the environment.

Article 7

1. If it appears necessary, because of an unforeseeable danger threatening plant production which cannot be contained by other means, to use in a Member State a plant protection product containing one or more of the active substances listed in the Annex, the Member State in question may permit the placing on the market and the use of such product for a maximum period of 120 days. It shall immediately inform the other Member States and the Commission of its action.

2. It shall be established without delay in accordance with the procedure laid down in Article 8 whether and, if so, under what conditions 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, hereinafter called 'the Committee'.

2. Within the Committee the votes of the Member States shall be weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.

3. The Commission representative shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit set by the chairman having regard to the urgency of the matter. Opinions shall be adopted by a majority of 41 votes.

4. The Commission shall adopt the measures and implement them forthwith where they are in accordance 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 measures within three months of the proposal being submitted to it, the Commission shall adopt the proposed measures and implement them forthwith.

Article 9

The Member States shall, not later than 1 January 1981, bring into force the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

Article 10

This Directive is addressed to the Member States.