Pesticides legislation: the final lap
European parliament 08-01-2009
The EU's new legislation on pesticides could soon be in place. Next week in Strasbourg MEPs will vote on two reports endorsing the final shape of the legislation as agreed in negotiations with the Council in December. The legislation will increase the number of pesticide products available in Member States while in due course banning the use of certain dangerous chemicals in these products. Measures to ensure the safer use of pesticides in daily life will also be introduced.
Pesticides have a three-stage life-cycle: the placing on the market of new pesticide products; the day-to-day use of pesticides; and the end-of-life or "waste" stage. The legislation submitted to Parliament for approval next week, in two reports, deals only with the first two stages, as waste is covered by other EU laws.
The two pieces of legislation have attracted much media attention, partly due to the differing standpoints of various actors (pesticide manufacturers, farmers, health professionals, environmentalists), partly due to misunderstandings over the likely impact of the legislation.
Speedier approval - but stricter standards - for new pesticides
The first report, on the placing of new plant protection products on the market, deals with a regulation revising an EU directive from 1991. Procedures for approving new pesticides will be overhauled with the aim of improving environmental and health protection, while boosting competition among manufacturers. The most dangerous pesticides will be phased out over a ten-year period, though some derogations will be allowed. Hiltrud Breyer (Greens/EFA, DE) is the MEP responsible for this report.
Substances approved at EU level, products at national level
Under the new regulation, a positive list of permitted active substances (the key ingredients of pesticides) will be drawn up at EU level, with the European Food Safety Authority playing a major role. New plant protection products (i.e. pesticides) will then be licensed at national level on the basis of this list.
A three-zone EU
In fact Member States will license pesticide products at national level or through mutual recognition. The EU will be divided into three zones (north, centre and south) with compulsory mutual recognition within each zone as the basic rule, the assumption being that agricultural, plant health and environmental conditions are comparable within each zone. This should smooth the path for manufacturers wishing to bring new products to market swiftly and increase the number of products available in Member States.
However, following pressure from MEPs, individual States will have complete flexibility to adopt additional conditions or restrictions on the use of new pesticides approved within their zone. They will even be able to refuse approval for pesticide products if they can adduce special environmental or agricultural circumstances.
Using pesticides in forests, farms and parks: everyday practice
The second phase in the life-cycle, the way in which pesticides are used in everyday life (e.g. in farming, forestry and parks), is not yet governed by EU law. To fill this gap, a directive on the sustainable use of pesticides has been put forward with the aim of reducing the impact of pesticides used and promoting non-chemical alternatives to pesticides. The EP report on this legislation has been drafted by Christa Klaß (EPP-ED, DE).
A key feature of the directive is Integrated Pest Management: the promotion of non-chemical pest control methods such as crop rotation, to be used wherever possible as alternatives to pesticides.
In addition, Member States must adopt National Action Plans for reducing "risks and impacts" of pesticide use on human health and the environment, including timetables and targets for use reduction. MEPs dropped their demand for a specific reduction target of 50% for chemical substances of particular concern, to help secure a deal with the Council.
Aerial crop spraying will in general be banned, albeit with exceptions subject to approval by the authorities. No spraying will be allowed in close proximity to residential areas.
Member States must take measures to protect the aquatic environment and drinking water supplies from the impact of pesticides. These will include "buffer zones" around bodies of water, "safeguard zones" for any surface and groundwater used for drinking water and protected areas along roads and railways.
Parliament and Council also agreed to minimise or prohibit pesticide use in specific areas used by the general public or by vulnerable groups, such as parks, public gardens, sports and recreation grounds, school grounds and playgrounds and in the close vicinity of healthcare facilities.
New rules are also introduced on the training of pesticide users and salespeople, on handling and storage, on information and awareness-raising and on the inspection of pesticides application equipment.
The directive must be implemented by the Member States by early 2011.
Next steps
The compromise legislative texts must still be approved by an absolute majority of MEPs - i.e. 393 votes in favour - at next week's plenary vote, as they are being adopted at second reading under the co-decision procedure. If approved by the EP, they must then be endorsed by the Council, a formality since they were agreed by the Council's negotiators.
