Consultation on The Implementation of EU Pesticides Legislation
Introduction
The Chemicals Regulation Directorate of HSE is carrying out a public consultation on behalf of Defra. The consultation seeks views on how the UK should implement measures in two key pieces of European pesticides legislation under the EU’s Thematic Strategy on Pesticides.
The consultation documents and a list of those organisations being consulted are available on the Defra website.
Responses
Responses to the consultation should be sent to the Chemicals Regulation Directorate at the address below, by 4 May 2010.
Caroline Kennedy
EU Pesticides Consultation (Stage One)
Room 214
Chemicals Regulation Directorate
Kings Pool
3 Peasholme Green
York
YO1 7PX
Fax: 01904 455763
Email: ConsultationCoordinator@hse.gsi.gov.uk
Background
Under the European Community’s Thematic Strategy for Pesticides, two important new pieces of pesticides legislation came into force in 2009:
The Directive on the Sustainable Use of Pesticides
Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (The Sustainable Use Directive or SUD) which came into force on 25 November 2009.
The Directive will need to be transposed and implemented by Member States by 25 November 2011. Its overall objective is to establish “… a framework to achieve a sustainable use of pesticides by reducing the risks and impacts of pesticide use on human health and the environment and promoting the use of Integrated Pest Management and of alternative approaches or techniques such as non-chemical alternatives to pesticides”.
Key features of the Directive include: the establishment of National Action Plans; compulsory testing of application equipment, certification of operators and distributors, and access to certification for advisors; a ban (subject to derogations) on aerial spraying; special measures to protect the aquatic environment, public spaces and conservation areas; minimising the risks to human health and the environment through handling, storage and disposal; and the promotion of low input regimes (including Integrated Pest Management (IPM)).
The Plant Protection Products Regulation
Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (PPP Regulation) which came into force on 14 December 2009 and applies from 14 June 2011.
The Regulation updates the existing regime and aims to increase the level of protection for people and the environment as well as speeding up decision making and providing clearer rules. The majority of the Regulation is directly binding and is not therefore included in this consultation. There are, however, two discretionary provisions in the Regulation on which Defra Ministers wish to consult.
The two provisions are:
- Article 31: Authorisations – Notification of Neighbours
- Article 67: Recording and Disclosing Information on pesticides
The consultation concerns the provision of information in two main categories: advance notification of planned spray operations to neighbours; and making available records of plant protection products used, on request by the competent authority.
The Chemicals Regulation Directorate (CRD) of the Health and Safety Executive (HSE) is the delivery body for Defra’s responsibilities for pesticides and is undertaking this consultation, and will implement the resulting legislation, on behalf of Defra. The consultation covers England, Scotland, Wales and Northern Ireland.
Consultation Arrangements
Further details can be found in the consultation paper on the Defra website.
We will make copies of the replies we receive publicly available, in line with Defra’s policy of openness. Published copies of the replies we receive will be available at:
Defra Information Resource Centre
Lower Ground Floor
Ergon House
17 Smith Square
LONDON
SW1P 3JR
Telephone: (0207) 238 6575
Email: defra.library@defra.gsi.gov.uk
- Your reply may also be used, quoted or published in a summary of responses to the consultation.
- The Information Resource Centre will supply copies of consultation responses to personal callers or requests by phone, letter or email. Give the library at least 24 hours notice of your requirements if you can. You will need to pay the library a fee to cover administrative costs such as photocopying and postage costs.
- If you do not want your reply to be made public, and you want us to keep it confidential, you must clearly say this. Any confidentiality disclaimer generated by your IT system in an email response will not be treated as a request for confidentiality.
- You should also know that there may be circumstances in which Defra will be required to give the information in your reply to a third party if they ask for it. We may need to do this to comply with our obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
- If you want to complain about the consultation process itself rather than comment on the issues in the consultation see "Comments and Complaints" below:
Comments or Complaints
If you have any comments or complaints about the consultation process, please address them to Defra’s Consultation Co-ordinator, Area 7C Nobel House, 17 Smith Square, London SW1P 3JR, or email consultation.coordinator@defra.gsi.gov.uk.
Consultation documents (on the Defra website)
The Sustainable Use Directive (2009/128/EC)
PPP (Authorisation) Regulation ((EC) No 1107/2009)