212. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, with which the Plant Protection Products Regulation 2011 will be amended

Due to § 6 of the Plant Protection Products Act 2011, BGBl. I n ° 10/2011, as last amended by the Federal Law BGBl. I No 189/2013, shall be arranged:

The Plant Protection Products Regulation 2011 , BGBl. II No 233/2011, as amended by the BGBl Regulation. II No 198/2013, shall be amended as follows:

1. § 1 together with the title is:

" Levy, Acquisition and Storage

§ 1. (1) In the case of the sale of plant protection products, sufficient human resources must be available which is in possession of a certificate (§ 3) in order to provide the customers with appropriate information on the use of plant protection products, information on the risks for the Human health and the environment, as well as safety information for risk management for the products concerned. In any case, at least one person employed in the enterprise must have a certificate in accordance with § 3, and that person must be present during the business and operating hours to which plant protection products are sold. The same applies to any branch operation.

(2) Plant protection products authorised for professional use may only be sold to those professional users who hold a certificate pursuant to Article 5 of Directive 2009 /128/EC establishing a framework for Community action in respect of: the sustainable use of pesticides, OJ No. OJ L 309, 24.11.2009 p. 71.

(3) Furthermore, plant protection products authorised for professional use may be sold to persons who have been shown to have been used (including storage) of plant protection products by natural or legal persons has been transferred. In such a case, the purchasers must be in possession of a certificate under Article 5 of Directive 2009 /128/EC. Such a sale shall also be permitted if the invoice is issued to the contracting authority, in so far as the plant protection products are effectively transferred to the natural person holding a certificate pursuant to Article 5 of the Directive 2009 /128/EC.

(4) On drogists in the exercise of the trade in accordance with § 104 of the Commercial Code 1994, BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I n ° 34/2015, and very small retailers in the retail trade which sell plant protection products exclusively to non-professional users, do not apply paragraph 1. In this connection, distributors are considered to be "very small distributors in the retail trade", which have not sold more than 200 kg of plant protection products in the previous calendar year, with this quantity limit for companies with several sites for every single branch operation. However, in all enterprises with more than five branch establishments, at least one person employed in the enterprise must have a certificate in accordance with § 3, each 20 branches must have at least one person employed in the enterprise via a certificate in accordance with § 3; in addition, companies with more than five branch offices are obliged to establish an internal training system.

(5) distributors selling plant protection products to non-professional users shall have information to the customer within the meaning of Article 6 (3) of Directive 2009 /128/EC on the risks of the use of plant protection products for human health and the environment, in particular the risks, exposure, proper storage, handling, use and safe disposal, as well as low-risk alternatives. The marketing authorisation and authorisation holders of plant protection products shall provide the distributors with the relevant information.

(6) An activity as a consultant in the context of the distribution of plant protection products for professional use may only be carried out by persons who are in possession of a certificate (§ 3).

(7) Drivers within the meaning of paragraph 4, in which it is not possible for technical reasons (for example, lack of space on invoices or cash receipts) to complete all information within the meaning of Section 11 (2) of the Plant Protection Act 2011 , by means of appropriate intra-company records, to ensure, in a comprehensible manner, that the names used (for example, the product number or the name of the product) have a clear allocation of the product to the authorised plant protection products.

(8) Plant protection products shall be stored by distributors in such a way as to prevent any unintended release or mixing with other products, in particular food and feed. For the purpose of sale or other supply to third parties, plant protection products may not be stored, held in stock or offered for sale directly in addition to food and feed.

(9) Plant protection products must not

1.		in food businesses operating in the retail sector (food retail-those companies which place food exclusively or predominantly on the market), or
2.		in the form of self-service
will be sold.

(10) For plant protection products, only in combination with the authorised trade name and the plant protection product register number and for the plant protection products authorised in accordance with Article 52 of Regulation (EC) No 1107/2009 may be used only in conjunction with the Plant protection product register number and the additional name shall be advertised. "

2. § 2 (1) reads:

" § 2. (1) The implementation of the education and training provided for in Annex I to Directive 2009 /128/EC for distributors and advisers in the distribution of plant protection products for the purpose of obtaining a certificate within the meaning of § 3 shall be the responsibility of the Federal Office for Food security. Courses on the corresponding education and training (par. 2) are to be carried out by this authority and may also be offered by the Austrian Chamber of Commerce. The Authority and the Austrian Chamber of Commerce may also use other qualified persons and institutions for training courses, provided that they are provided by the Federal Office for Food Security (Bundesamt für Food Security) demonstrate that they are able to offer training and further education courses within the meaning of the second paragraph and that they can carry out their training in the intended scope. "

3. In § 3 (3), the quote shall be "according to § 15" through the phrase "in the event of recurrence in accordance with § 15 (1) Z 1 and 2" in the last sentence, the point shall be replaced by a dash and the following word sequence shall be added:

"if it is to be feared that the observance of phytosanitary regulations will not be guaranteed even in the future."

4. In Section 7 (3), the word "In addition" and the following sentence shall be added:

"Other labelling requirements, in particular with regard to chemical-legal hazard labelling, shall remain unaffected."

5. § 11 together with the headline is:

" Authorisation for the house and small garden area

§ 11. (1) Plant protection protection products for the home and small garden areas for use by non-professional users may only be authorised in the presence of the requirements of para. 2 to 5 and must be specially designed for use in the house and in the house. Small garden area.

(2) Plant protection products for the domestic and small garden areas must be designed in such a way that they can be safely used without the knowledge of plant protection products. The pack sizes shall be adapted for use in the home and small garden areas and shall be subject to a treatable application area not exceeding 500 m. 2 ,

(3) The Federal Office for Food Safety has, if an application for authorisation of a plant protection product for the house and small garden area is requested, the granting of such an authorisation-in addition to the existence of the general admission requirements -depending on whether it can be shown that the plant protection product is safe for the environment and the user. Plant protection products containing one or more of the dangerous properties listed below in the sense of Section 3 of the Chemicals Act 1996-ChemG 1996, BGBl. I No 53/1997, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 14/2015, or which have one or more of the following risk categories as defined in Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures, amending and repealing the Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006, p. No. 1 (the CLP Regulation) must not be authorised for the home and small garden sector:

1.		"very toxic" or "toxic" (ChemG 1996) or "toxic" (chemG). "acute toxicity", category 1 or 2 or 3 (oral, dermal or inhalation) or "specific target organ toxicity at a single exposure", category 1 or 2, or "specific target organ toxicity in repeated exposure" category 1 or 2 (CLP Regulation),
2.		"corrosive" (ChemG 1996) or "skin corrosive", category 1, or "severe eye damage/eye irritation", category 1 (CLP regulation),
3.		"carcinogenic" (ChemG 1996) or "carcinogenicity", category 1A, 1B or 2 (CLP regulation),
4.		"Toxic to reproduction" (ChemG 1996) or "germ cell mutagenicity", category 1A, 1B or 2 (CLP regulation), or
5.		"mutagenic" (ChemG 1996) or "reproductive toxicity", category 1A, 1B or 2 (CLP regulation).

(4) Plant protection products which are the dangerous property "harmful" or "irritating" within the meaning of § 3 ChemG 1996, BGBl. I No 53/1997, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 14/2015, or one or more of the hazard categories 'acute toxicity', category 4 (oral, dermal or inhalation), 'aet/irritant effect on the skin', category 2, 'severe eye damage/eye irritation', category 2, or "Aspiration Hazard", category 1, according to the CLP Regulation, or which may have a special hazard potential for the natural or groundwater, may only be approved for the home and small garden areas, where appropriate, where appropriate, by providing appropriate conditions and conditions, in particular with regard to the nature of the formulation, metering device, packaging and application form, it may be considered to be ensured that, in the case of a determination and proper use, a risk to man, animal, natural household and groundwater is excluded.

(5) The Federal Office for Food Security shall, in addition to the requirements laid down in paragraphs 2 and 3, carry out further conditions and conditions in the context of the authorisation of plant protection products for the house and small garden areas, to the extent that this is done in individual cases is required to ensure the safe use due to the properties of the plant protection product and the active substances contained therein. These include, in particular, requirements on the type of packaging and the shape of the application, as well as the pre-writing of special dosing systems or application aids. In any case, in the case of the authorisation of plant protection products for the house and small garden areas, it is to be required that the labelling expressly contain the reference: 'permitted for use in the home and small garden areas'.

(6) Plant protection protection products authorised for use by professional users may also be authorised for use by professional users in the domestic and small garden areas, if the conditions laid down in (3) to (5) are Requirements are met. "

6. § 12 the following paragraphs 5 and 6 are added:

" (5) A request for amendment of the authorisation shall be granted if it is clear from the assessment of the amendment that the admission requirements are met.

(6) An authorisation shall be renewed upon request if the admission requirements continue to be met. The application shall be submitted no later than six months before the expiry of the authorisation. "

7. § 15 shall be added to the following para. 12 and 13:

" (12) § 1 (1), (2), (3), (4), (6), (8), second sentence and (10) in the version of the BGBl Regulation. II No. 212/2015 shall enter into force on 26 November 2015.

(13) Plant protection products which are subject to the requirements of Section 11 (1) to (3) as amended by the BGBl Regulation. II No 233/2011, as amended by the BGBl Regulation. II No 198/2013, shall continue to be sold if the first placing on the market is carried out before 26 November 2015. "

8. The subsection of § 16 reads as follows:

" § 16. This Regulation shall be used for the enforcement of the following regulations of the European Union and of the implementation of the European Union Directives, which are also referred to below: "

9. § 16 Z 2 reads:

" 2. Directive 2009 /128/EC establishing a framework for Community action to ensure the sustainable use of pesticides, OJ L 327, 28.12.2009, p. No. OJ L 309, 24.11.2009, p. 71, corrected by OJ L 309, 27.11.2009 No. OJ L 161, 29.06.2010 p.11;

10. In § 16 Z 8, the point at the end is replaced by a stroke point and the following Z 9 is added to § 16:

" 9.		Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directive 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006, p. No. 1), as last amended by Regulation (EU) No 1297/2014, OJ L 353, 31.12.2008, p. No. 1, and as amended by the corrigendum OJ L 350, 30.12.2014, p. No. OJ L 16, 20.01.2011 p. 1.

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