Council common position

Amendment

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the Treaty establishing the European Community, and in particular Articles 152(4) and 175(1) thereof, 

Justification

Reinstating first reading Amendment 1: the aim of the Directive is a reduction of the impact of pesticides on human health and the environment. Both human health and the environment should be mentioned as legal base for the Directive.

Council common position

Amendment

(1) In line with Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme, this Directive establishes a common legal framework for achieving a sustainable use of pesticides.

(1) In line with Articles 2 and 7 of Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme, a common legal framework for achieving a sustainable use of pesticides should be established, taking account of the precautionary principle.

Justification

The precautionary principle should be the principle underlying all aspects of pesticide policy. Reinstating first reading Amendment 2.

Council common position

Amendment

(4) National Action Plans aimed at setting targets, measures and timetables to reduce risks and impacts of pesticide use on human health and the environment and at encouraging the development and introduction of Integrated Pest Management and of alternative approaches or techniques in order to reduce dependency on the use of pesticides should be used by Member States in order to facilitate the implementation of this Directive. National Action Plans may be coordinated with implementation plans under other relevant Community legislation and could be used for grouping together objectives to be achieved under other Community legislation related to pesticides.

(4) National Action Plans aimed at setting quantitative objectives, targets, measures, indicators and timetables to reduce pesticide use and the risks to human health and the environment and at encouraging the development and introduction of Integrated Pest Management and of alternative non-chemical approaches or techniques in order to reduce the use of pesticides should be used by Member States in order to facilitate the implementation of this Directive. National Action Plans should be coordinated with implementation plans under other relevant Community legislation and could be used for grouping together objectives to be achieved under other Community legislation related to pesticides.

Justification

Quantitative use reduction should be an objective of the framework directive reached through serious targeting and implementing the National Action Plan.

Council common position

Amendment

(12) Aerial spraying of pesticides has the potential to cause significant adverse impacts on human health and the environment, in particular from spray drift. Therefore, aerial spraying should generally be prohibited with derogations possible where it represents clear advantages in terms of reduced impacts on human health and the environment in comparison with other spraying methods, or where there are no viable alternatives.

(12) Aerial spraying of pesticides has the potential to cause significant adverse impacts on human health and the environment, in particular from spray drift. Therefore, aerial spraying should generally be prohibited with derogations possible where it represents clear advantages in terms of reduced impacts on human health and the environment in comparison with other spraying methods, or where there are no viable alternatives, provided that the best available technology to reduce drift (e.g. low-drift nozzles) is used and the health of residents or bystanders is not affected.

Justification

Aerial spraying does not offer environmental benefits over other spraying methods. Derogations should not be possible in areas where residents and bystanders might be affected, for example, highly populated rural areas or near areas used by the public and vulnerable groups. Reinstating first reading Amendment 10.

Council common position

Amendment

(14) Use of pesticides can be particularly dangerous in very sensitive areas, such as Natura 2000 sites protected in accordance with Directives 79/409/EEC and 92/43/EEC. In other places such as public parks, sports grounds or children's playgrounds, the risks from exposure to pesticides of the general public are high. Use of pesticides in those areas should, therefore, be prohibited, restricted or the risks arising from such use minimised.

(14) Use of pesticides can be particularly dangerous in very sensitive areas, such as Natura 2000 sites protected in accordance with Directives 79/409/EEC and 92/43/EEC. In other places such as public parks, sports and recreation grounds, school grounds and children's playgrounds, and in the vicinity of public healthcare facilities (clinics, hospitals, rehabilitation centres, health resorts and hospices), the risks from exposure to pesticides of the general public are high. Use of pesticides in those areas should, therefore, be prohibited.

Justification

The Commission has acknowledged that the risks from exposure to pesticides in areas used by the general public are high. Therefore considering the acute and chronic adverse health impacts exposure to pesticides can cause then pesticide use should be prohibited in and around any area where members of the public may be exposed, particularly, although not exclusively, to protect vulnerable groups. Reinstating first reading Amendment 151 and amendment to new Council text.

Council common position

Amendment

(17) Whereas, on the basis of Regulation (EC) No …/… and of this Directive, implementation of the principles of Integrated Pest Management is obligatory and whereas the subsidiarity principle applies to the way the principles for Integrated Pest Management are implemented, Member States should describe how they ensure the implementation of the principles of Integrated Pest Management into their National Action Plan.

(17) Whereas, on the basis of Regulation (EC) No …/…and of this Directive, implementation of the principles of Integrated Pest Management is obligatory and whereas the subsidiarity principle applies to the way the principles for Integrated Pest Management are implemented, Member States should describe how they ensure the implementation of the principles of Integrated Pest Management with priority being given to non-chemical methods of plant protection and pest and crop management in their National Action Plan.

Justification

Integrated Pest Management should be a system that gives priority to non-chemical methods of plant protection and pest and crop management. Amendment of a new recital introduced by Council.

Council common position

Amendment

This Directive establishes 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.

This Directive establishes a framework for achieving a more sustainable use of pesticides by reducing the risks and impacts of pesticide use on human health and the environment and encouraging the promotion and adoption of non-chemical alternatives to pesticides.

Justification

The only real way to reduce the risks of pesticide is also to reduce its use. The word 'use' should accompany the words' risks and impacts throughout the whole text. The only real solution to eliminate adverse impacts of pesticides on public health, animals, wildlife and the wider environment is to take a preventative approach with the widespread adoption of truly sustainable non-chemical methods.

Council common position

Amendment

2a. Member States may provide subsidies or take fiscal measures to encourage the use of less harmful pesticides. This may include the introduction of a pesticides levy on all products except non-chemical products or low-risk plant protection products as defined in Article [50(1)] of Regulation (EC) No ... [concerning the placing of plant protection products on the market].

Justification

If Member States so wish, they must remain free to promote more sustainable use of pesticides by means of fiscal instruments. Reinstating first reading Amendment 21.

Council common position

Amendment

2b. The provisions of this Directive shall not prevent Member States from applying the precautionary principle in restricting or prohibiting the use of pesticides.

Justification

The precautionary principle should be the principle underlying all aspects of pesticide policy. Reinstating first reading Amendment 22.

Council common position

Amendment

1a) "use" means all operations carried out in relation to a pesticide, such as storage, handling, dilution, mixing, and application;

Justification

Reinstatement of original Commission text.

Council common position

Amendment

3) "advisor" means any person who advises on pest management and pesticide safe use, in the context of a professional capacity or commercial service, including private selfemployed and public advisory services, commercial agents, food producers and retailers where applicable;

3) "advisor" means any person who has acquired adequate knowledge to a level laid down by the Member States and advises on pest management and pesticide safe use, in the context of a professional capacity or commercial service, including private selfemployed and public advisory services, commercial agents, food producers and retailers where applicable;

Council common position

Amendment

6) "integrated pest management" means careful consideration of all available plant protection methods and subsequent integration of appropriate measures that discourage the development of the populations of harmful organisms and keep the use of plant protection products and other forms of intervention to levels that are economically and ecologically justified and reduce or minimise risks to human health and the environment. Integrated Pest Management emphasises the growth of a healthy crop with the least possible disruption to agro ecosystems and encourages natural pest control mechanisms;

6) "integrated pest management" means careful consideration of all available plant protection methods and subsequent integration of appropriate measures that discourage the development of the populations of harmful organisms and keep the use of plant protection products and other forms of intervention to levels that are economically and ecologically justified and reduce or minimise risks to human health and the environment. Integrated Pest Management emphasises the growth of a healthy crop with the least possible disruption to agro ecosystems and encourages natural pest control mechanisms, by giving priority to preventive crop-growing measures and the use of adapted varieties and of non-chemical methods of plant protection and pest and crop management;

Justification

Integrated Pest Management should be a system that gives priority to non-chemical methods of plant protection and pest and crop management. Amendment of new Council text to ensure this definition is consistent with amendment 50 of the first reading of the pesticide Regulation that defines Integrated Pest Management.

Council common position

Amendment

7a) "non-chemical methods of plant protection and pest and crop management" means the use of pest control and management techniques that do not rely on chemical properties. Non-chemical methods of plant protection and pest and crop management include rotation, physical and mechanical control and natural predator management.

(reinstates Am. 27 of first reading)

Council common position

Amendment

9a) "use reduction" means the reduction of applications of pesticides and is not necessarily dependent on volume;

Justification

This amendment brings the Directive in line with the objective of use reduction and clarifies that use reduction is not linked to a decrease in the volume of pesticides but rather to the decrease in the number or rate of applications to the levels necessary to crop protection. Reinstating first reading Amendment 30.

Council common position

Amendment

9b) "treatment index" is based on the fixed standard dose of active substance per hectare needed for one treatment against the pest in question. Therefore, it is not necessarily dependent on volume and can be used to evaluate use reduction.

Justification

Regardless of whether the amount of active substance needed for one treatment is 1 kg/ha or a few grams/ha (for very potent substances), a "treatment index" of e.g. 2.0 would mean that the area with arable crops on average had been sprayed 2 times with the recommended dose. The Treatment index is a relevant use indicator measuring pesticide dependency reduction in terms of spraying intensity rather than being a risk indicator and the quantitative use reduction target is to be considered a tool to stimulate the swift implementation by stakeholders of various measures in an integrated reduction. Reinstating first reading Amendment 30, deleting the word 'frequency' as Article 4 only refers to treatment and not frequency.

Council common position

Amendment

1. Member States shall adopt National Action Plans to set up targets, measures and timetables to reduce risks and impacts of pesticide use on human health and the environment and to encourage the development and introduction of integrated pest management and of alternative approaches or techniques in order to reduce dependency on the use of pesticides.

1. Member States shall adopt, and implement without undue delay, National Action Plans to set up targets, measures and timetables to reduce risks and impacts of pesticide use on human health and the environment and to encourage the development and introduction of integrated pest management and of alternative approaches or techniques in order to reduce dependency on the use of pesticides. These national actions shall as a minimum include:

a) for other than biological pesticides and low-risk plant protection products as defined in Regulation (EC) No ... , quantitative use reduction targets measured as a treatment index. The treatment index shall be adapted to the specific conditions of each Member State. The treatment index shall be communicated immediately to the Commission for its approval.

For active substances of very high concern (as defined in Article 5 of Regulation (EC) No 1907/2006 of the European Parliament and the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency), the reduction target shall be a minimum 50 % reduction in relation to the treatment index calculated for the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher target based on another year of reference from the period 1995-2004;

b) for pesticide formulations classified as toxic or very toxic pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, a quantitative use reduction target measured as sold volumes. This target shall be a minimum 50 % reduction calculated in relation to the year 2005 by the end of 2013, unless the Member State can prove that it has already achieved a comparable or higher reduction target based on another year of reference from the period 1995-2004.

1 OJ L 396, 30.12.2006, p. 1; corrected version, OJ L 136, 29.5.2007, p. 3.

2 OJ L 200, 30.7.1999, p. 1.

Justification

This is a retabling of Amendment 146 (adopted by a large majority at first reading in plenary).

Council common position

Amendment

When drawing up and revising their National Action Plans, Member States shall take account of the social, economic, environmental and health impacts of the measures envisaged. Member States shall describe in their National Action Plans how they will implement measures pursuant to Articles 5 to 14 in order to achieve the objectives referred to in the first subparagraph of this paragraph.

When drawing up and revising their National Action Plans, Member States shall take account of the public health, social, economic, environmental and health impacts of the measures envisaged, of specific national, regional and local conditions and of all relevant stakeholder groups. Member States shall describe in their National Action Plans how they will implement measures pursuant to Articles 5 to 14 in order to achieve the objectives referred to in the first subparagraph of this paragraph. Minimum requirements for the National Action Plans are listed in the guidance document in Annex IIb.

The National Action Plans shall take into account plans under other Community legislation on the use of pesticides, such as planned measures under Directive 2000/60/EC.

Member States shall step up their efforts to monitor and prevent the illegal use of pesticides, in collaboration with the relevant stakeholders.

Member States shall report on a regular basis on controls in place regarding illegal use.

Council common position

Amendment

2. By ...* Member States shall communicate their National Action Plans to the Commission and to other Member States.

2. By ...* Member States shall communicate their National Action Plans to the Commission and to other Member States.

National Action Plans shall be reviewed at least every five years and any substantial changes to National Action Plans shall be reported to the Commission without undue delay.

National Action Plans shall be reviewed at least every three years and any substantial changes to National Action Plans shall be reported to the Commission without undue delay.

(reinstates Ams. 38 and 42 of first reading)

Council common position

Amendment

3. Where relevant, the Commission shall make information communicated in accordance with paragraph 2 available on the Internet.

3. The Commission shall make information communicated in accordance with paragraph 2 available to the public on the Internet.

Justification

The public must be fully involved in the drafting, development, implementation, workings, monitoring and amendments of national action plans to be in line with the Spirit of Directive 2003/35/EC providing for public participation. Information about National Action Plans should be made available on the Internet, on the European Commission website. Reinstating first reading Amendment 44.

Council common position

Amendment

1. Member States shall ensure that all professional users, distributors and advisors have access to appropriate training. This shall consist of both initial and additional training to acquire and to update knowledge as appropriate.

1. Member States shall ensure that all professional users, distributors and advisors have access to appropriate training by bodies designated by the competent authorities. This shall consist of both initial and additional training to acquire and to update knowledge as appropriate. To this end, minimum requirements that are binding throughout the Community shall be laid down.

Council common position

Amendment

1a. Member States shall ensure that professional users, distributors and advisers are aware of the existence and risks of illegal (counterfeit) plant protection products, and are properly trained to identify such products.

Justification

Counterfeiting and illegal trafficking of plant protection products in Europe is a significant problem. Making professional users and distributors aware is important to tackle the problem of illegal trafficking of plant protection products. Reinstating first reading Amendment 50.

Council common position

Amendment

1. Member States shall ensure that at least those distributors selling pesticides to professional users have sufficient staff in their employment holding a certificate referred to in Article 5(2). Such persons shall be available at the time of sale to provide adequate information to customers as regards pesticide use and human health and environmental safety instructions on the products in question.

1. Member States shall ensure that distributors have sufficient staff in their employment holding a certificate referred to in Article 5(2). Such persons shall be available at the time of sale to provide adequate information to customers as regards use of pesticides as well as the health and environmental risks and potential adverse impacts associated with them.

Justification

Reinstating part of first reading Amendment 54.

Council common position

Amendment

3. Member States shall require distributors selling pesticides to non-professional users to provide general information regarding the risks of pesticide use, in particular on hazards, exposure, proper storage, handling, application and safe disposal in accordance with Community legislation on waste, as well as regarding low-risk alternatives. Member States may require pesticide producers to provide such information.

3. Member States shall require distributors selling pesticides to non-professional users to provide general information regarding the risks and potential adverse health and environmental impacts of pesticide use, in particular on hazards, exposure, proper storage, handling, application and safe disposal in accordance with Community legislation on waste, as well as regarding low-risk alternatives. Member States may require pesticide producers to provide such information.

Justification

Reinstating part of first reading Amendment 56.

Council common position

Amendment

3a. Member States shall ensure that existing inspection and enforcement measures are fully implemented to ensure that illegal (counterfeit) pesticides are not offered for sale.

Council common position

Amendment

Member States shall take measures to inform the general public and to promote and facilitate awareness-raising and the availability of accurate and balanced information relating to pesticides for the general public, in particular regarding the risks for human health, non-target organisms and the environment and the use of non-chemical alternatives.

1. Member States shall take measures to inform the general public and to promote and facilitate information and awareness-raising programmes and the availability of accurate information relating to pesticides for the general public, in particular regarding the risks, including hazards, and the potential acute and chronic effects for human health, non-target organisms and the environment arising from their use, and to the use of non-chemical alternatives.

2. Member States shall put in place mandatory systems for gathering information on acute and chronic pesticide poisoning incidents, especially among pesticide operators, workers, residents and any other groups that may be exposed to pesticides regularly.

3. Member States shall carry out research programmes into specific situations where pesticides have been linked to impacts on human health and the environment, including studies on high-risk groups, biological diversity and combination effects.

4. To enhance the comparability of information, the Commission, in cooperation with the Member States, shall develop by ...* a strategic guidance document on monitoring and surveying the impacts of pesticide use on human health and the environment.

* Three years after the entry into force of this Directive.

Justification

In a legal framework such as this, a balancing of interests is not permitted and therefore it is not a case of promoting information from all sides, but making sure the information that is produced regarding the risks and health and environmental impacts of pesticides is accurate so that the public has the necessary information to be able to make informed and knowledgeable decisions to protect their health and that of their families from harm. Awareness programs should not forget chronic health effects of pesticides. Monitoring and research are necessary in Member States to collect information and quantify health and environmental impacts of pesticides. A reporting system is already in place in the EU for pesticide residues in food but no system exists to monitor poisoning incidents and environmental effects of pesticides. Reinstating part of first reading Amendment 59.

Council common position

Amendment

1. Member States shall ensure that pesticide application equipment in professional use shall be subject to inspections at regular intervals. The interval between inspections shall not exceed five years until 2020 and shall not exceed three years thereafter.

1. Member States shall ensure that pesticide application equipment and accessories in professional use shall be subject to mandatory inspections at regular intervals. The interval between inspections shall not exceed five years until 2015 and shall not exceed three years thereafter.

Justification

Spraying pesticides is a hazardous activity and therefore all application equipment and accessories for professional use should be tested on a regular basis as damage could occur to the equipment at any time, (even shortly after it may have passed one test and long before another). Compulsory testing, as well as the possibility of random testing should be required after the initial inspection. Reinstating part of first reading Amendment 60 and amendment to new Council text.

Council common position

Amendment

(b) exempt from inspection handheld pesticide application equipment or knapsack sprayers.

deleted

Council common position

Amendment

(da) the area to be sprayed must not be in close proximity to public or residential areas and there must be no effects on the health of residents or bystanders;

Justification

There must be no adverse health effects on residents and bystanders. Reinstating part of first reading Amendment 64.

Council common position

Amendment

(db) the aerial craft must be equipped with the best available technology to reduce spray drift (e.g. low-drift nozzles); where helicopters are used, the spray booms must be equipped with injection jets to reduce drift.

Justification

There must be no adverse health effects on residents and bystanders. Reinstating part of first reading Amendment 64.

Council common position

Amendment

3. Member States shall designate the authorities competent for establishing the specific conditions by which aerial spraying may be carried out and make public information on crops, areas, circumstances and particular requirements for application including weather conditions where aerial spraying may be allowed.

3. Member States shall designate the authorities competent for establishing the specific conditions by which aerial spraying may be carried out. Those competent authorities are responsible for authorising aerial spraying following a request pursuant to paragraph 4 and for making public information on crops, areas, circumstances and particular requirements for application including weather conditions where aerial spraying may be allowed.

The competent authorities shall specify the measures necessary for warning residents and bystanders and to protect the environment in the vicinity of the area sprayed.

In the authorisation the competent authorities shall specify the measures necessary for warning residents and bystanders in good time and to protect the environment in the vicinity of the area sprayed.

Council common position

Amendment

4. A professional user wishing to apply pesticides by aerial spraying shall submit a request in due time to the competent authority to apply pesticides by aerial spraying accompanied by evidence to show that the conditions referred to in paragraphs 2 and 3 are fulfilled. Member States may provide that requests for which no answer was received on the decision taken within the time period laid down by the competent authorities shall be deemed to be approved.

4. A professional user wishing to apply pesticides by aerial spraying shall submit a request in due time to the competent authority to apply pesticides by aerial spraying accompanied by evidence to show that the conditions referred to in paragraphs 2 and 3 are fulfilled. The notification shall contain information about the time of spraying and the amounts and the type of pesticides applied.

Justification

Requests for which no answer was received on the decision taken within the time period laid down by the competent authorities should not be deemed approved as this would create a loophole in relation to the purpose of this Article. Reinstating first reading Amendment 65 and deleting part of new text by Council.

Council common position

Amendment

6. The competent authorities shall keep records of the requests submitted under paragraph 4.

6. The competent authorities shall keep records of the requests submitted under paragraph 4 and shall make them available to the public.

Justification

Reinstating first reading Amendment 66.

Council common position

Amendment

Article 9a

Information to the public

Member States may include in their National Action Plans provisions on informing neighbours who could be exposed to the spray drift.

Justification

In the UK there is a legal obligation for farmers/pesticide users to provide at least 48 hours notice to beekeepers in order to protect bees. Yet humans do not have any comparable notification requirements. Considering 48 hours is workable for protecting other species then it should be the same for protecting humans, especially the most vulnerable groups. Therefore it should be obligatory to notify residents prior to any aerial or ground spraying application to enable them to take the necessary precautions to try and reduce exposure as much as possible. This notification should include information on the chemicals to be used to inform residents of what pesticides are being used in their locality.

Council common position

Amendment

1. Member States shall ensure that appropriate measures to protect the aquatic environment and drinking water supplies from the impact of pesticides are adopted. These measures shall support and be compatible with relevant provisions of Directive 2000/60/EC and Regulation (EC) No ….

1. Member States shall take the necessary action to protect bodies of water, in particular by ensuring that buffer zones, where pesticides must not be applied or stored, are established on fields adjacent to water courses, and in particular to safeguard zones for the abstraction of drinking water established in accordance with Article 7(3) of Directive 2000/60/EC.

The dimensions of the buffer zones shall be defined as a function of the risks of pollution and the agricultural and climate characteristics of the area concerned.

Furthermore Member States shall ensure that, in safeguard zones for the abstraction of drinking water in accordance with Article 7(3) of Directive 2000/60/EC, additional measures are taken to prevent contamination of water with pesticides including, where necessary, tighter restrictions on the use of some high-risk products, enhanced use of buffer zones, specific training and awareness of advisers and spray operators, and strict enforcement of best practice in filling, mixing and disposal of pesticides.

Member States may establish any pesticide-free zones they deem necessary in order to safeguard drinking water resources. Such pesticide-free zones may cover the entire Member State.

2. The measures provided in paragraph 1 shall include:

2. In addition to the actions provided for in paragraph 1, Member States shall take the following measures:

(a) giving preference to pesticides that are not classified as dangerous for the aquatic environment pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations nor containing priority hazardous substances as set in Article 16(3) of Directive 2000/60/EC;

(a) giving preference to pesticides that are not classified as dangerous for the aquatic environment pursuant to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations nor containing priority hazardous substances as set in Article 16(3) of Directive 2000/60/EC;

(b) giving preference to the most efficient application techniques such as the use of low-drift pesticide application equipment especially in vertical crops such as hops and those found in orchards and vineyards;

(b) giving preference to the most efficient application techniques such as the use of low-drift pesticide application equipment especially in vertical crops such as hops and those found in orchards and vineyards;

(c) use of mitigation measures which minimise the risk of off-site pollution caused by spray drift, drain-flow and run-off. These shall include when necessary the establishment of appropriately-sized buffer zones for the protection of non-target aquatic organisms and safeguard zones for surface and groundwater used for the abstraction of drinking water, where pesticides must not be used or stored;

(c) use of mitigation measures which minimise the risk of off-site pollution caused by spray drift, drain-flow and run-off;

(d) reducing as far as possible or if appropriate eliminating applications on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems.

(d) reducing as far as possible or eliminating applications on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems.

Council common position

Amendment

(d) reducing as far as possible or if appropriate eliminating applications on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems.

(d) ensuring that the application of pesticides is reduced as far as possible or eliminated on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater or on sealed surfaces with a high risk of run-off into surface water or sewage systems. In all these areas use of non-chemical alternatives should be promoted.

Justification

To eliminate pollution of these areas non-chemical alternatives should be used. Reinstating part of first reading Amendment 74 and original Commission text.

Council common position

Amendment

Reduction of pesticide use or risks in specific areas

Reduction of pesticide use and risks in sensitive areas

Member States shall, having due regard to necessary hygiene and public health requirements and biodiversity, or the results of relevant risk assessments, ensure that the use of pesticides is prohibited, restricted or the risks arising from such use minimised, in:

Member States shall, having due regard for the necessary hygiene and public health requirements and biodiversity, ensure that the use of pesticides is prohibited, or restricted to the minimum necessary, in:

1) areas used by the general public or by vulnerable populations, such as parks, public gardens, sports grounds, school grounds and playgrounds;

1) all areas used by the general public or by vulnerable population groups, including but not limited to parks, public gardens, sports and recreation grounds, school grounds and playgrounds and in the vicinity of public healthcare facilities (clinics, hospitals, rehabilitation centres, health resorts and hospices) as well as in substantial no-spray zones including in fields around these areas;

Justification

The Commission has acknowledged that risks from exposure to pesticides in areas used by the general public are high. Therefore pesticide use should be prohibited in and around any area where members of the public may be exposed, especially if living near treated areas. Pesticides can travel vast distances and some US states have no-spray zones of up to 2.5 miles around schools. Therefore substantial legislative measures must be introduced to prevent public exposure and protect vulnerable groups. Reinstating first reading Amendment 153.

Council common position

Amendment

1. Member States shall take appropriate measures to promote low pesticide-input pest management, giving priority wherever possible to non-chemical methods and otherwise to practices and products with the lowest risk to human health and the environment among those available for the same pest problem. Low pesticide-input pest management includes Integrated Pest Management as well as organic farming according to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products.

1. Member States shall take all necessary measures to promote low pesticide-input pest management, giving priority to non-chemical methods of plant protection and pest and crop management, and to ensure that professional users of pesticides switch as quickly as possible to practices and products with the lowest risk to human health and the environment among those available for the same pest problem. Low pesticide-input pest management includes Integrated Pest Management as well as organic farming according to Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products.

Council common position

Amendment

1. Harmonized risk indicators as referred to in Annex IV shall be established. However, Member States may continue to use existing national indicators or adopt other appropriate indicators in addition to the harmonized ones.

1. Harmonised risk indicators as referred to in Annex IV shall be established. Until those indicators are adopted, Member States may continue to use existing national indicators or adopt other appropriate indicators.

Justification

Reinstating original Commission text and amendment to new Council text.

Council common position

Amendment

3. Member States shall communicate the results of the evaluations carried out pursuant to paragraph 2 to the Commission and to other Member States.

3. Member States shall communicate the results of the evaluations carried out pursuant to paragraph 2 to the Commission and to other Member States and shall make this information available to the public.

Justification

Reinstating part of first reading Amendment 95.

Council common position

Amendment

The results shall be made available to the general public via the Internet portal referred to in the second subparagraph of Article 4(2).

Justification

Reinstating first reading Amendment 97.

Council common position

Amendment

4a. The gathering of data may not impose on Community farmers and wine producers any additional documentary requirements or any inappropriate requirements to make information available.

(reinstates Am. 99 of first reading)

Council common position

Amendment

Article 16a

Exchange of information and best practice

The Commission shall establish a platform for the exchange of information and best practice in the field of sustainable use of pesticides and integrated pest management.

(reinstates Am. 102 of first reading)

Council common position

Amendment

3. Notions on integrated pest management strategies and techniques, integrated crop management strategies and techniques, organic farming principles, information on the general principles and crop or sector-specific guidelines for integrated pest management.

3. Notions on integrated pest management strategies and techniques, integrated crop management strategies and techniques, organic farming principles, biological pest control methods, information on the general principles and crop or sector-specific guidelines for integrated pest management.

(partly reinstates Am. 111 of first reading)

Council common position

Amendment

5a. Risk-based approaches which take into account the local catchment variables such as climate, soil and crop types, and slopes.

(partly reinstates Am. 119 of first reading)

Council common position

Amendment

6. Procedures for preparing pesticide application equipment for work, including its calibration, and for its operation with minimum risks to the user, other humans, non-target animal and plant species, biodiversity and the environment.

6. Procedures for preparing pesticide application equipment for work, including its calibration, and for its operation with minimum risks to the user, other humans, non-target animal and plant species, biodiversity, the environment and water resources..

Justification

There is a need to strengthen the specific reference to protection of water resources. It is important to identify this under the training programmes so that professional users, distributors and advisers are aware of these needs. Retabling of amendment 114 of the 1st reading

Council common position

Amendment

8. Emergency action to protect human health and the environment in case of accidental spillage and contamination.

8. Emergency action to protect human health, the environment and water resources in case of accidental spillage, contamination and extreme weather events that would result in pesticide leaching risks.

Justification

Linked to amendment to point 6 of Annex I. Retabling of the amendment 116 of the 1st reading.

Council common position

Amendment

8a. Special care in protection areas established under Articles 6 and 7 of Directive 2000/60/EC.

Justification

Following the WFD special protection of surface water, groundwater and the conservation of habitats and species directly depending on water as well as drinking water bodies requires specific protection and care. Retabling of amendment 117 of the 1st reading.