Regulation On The Application Of Plant Protection Products In Certain Regions Of Hamburg And Lower Saxony, Germany

Original Language Title: Verordnung über die Anwendung von Pflanzenschutzmitteln in bestimmten Gebieten von Hamburg und Niedersachsen

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Read the untranslated law here: http://www.gesetze-im-internet.de/altlandpflschv_2015/BJNR607510015.html

Regulation on the application of plant protection products in certain regions of Hamburg and Lower Saxony (old country phytosanitary regulation - AltLandPflSchV) AltLandPflSchV Ausfertigung date: 11.03.2015 full quotation: "old country plant Decree of March 11, 2015 (BAnz. AT 16.03.2015 V2) "footnote (+++ text detection from: 17.3.2015 +++) input formula on the basis of § 36 paragraph 6 of the plant protection act of 6 February 2012 (BGBl. I p. 148, 1281) in conjunction with § 1 paragraph 2 of the jurisdiction adjustment Act of 16 August 2002 (BGBl. I p. 3165) and the Organization Decree of 17 December 2013 (BGBl. I S. 4310) ordered the Ministry of food and agriculture in agreement with the Federal Ministry for the environment" , Nature protection, construction and nuclear safety on a proposal of the free and Hanseatic City of Hamburg and Lower Saxony: article 1 scope this Regulation applies to the use of pesticides in the fields referred to in annex 1.

§ 2 a pesticide that may be applied, after a determination of application laid down in the respective admission only at a distance to waters of at least five metres may General provisions for the use of plant protection products by way of derogation from this application rule in the territories referred to in annex 1 even after the in the articles 3 and 4, each in conjunction with § 6, conditions will be applied.

Special provisions for the application of pesticides (1) on the entire acreage are article 3 the application of a plant protection product in accordance with § 2 pest control devices to use, at least in the drift reduction class 75 per cent in the section "directory Verlustmindernde equipment - drift reduction" the descriptive list of the Julius Kühn-Institut from 10 September 2013 (BAnz AT 23.10.2013 B4) in the currently valid version (Directory Verlustmindernde devices) are registered with the fruit-growing area.
(2) for the treatment of waters neighboring rows of trees are in compliance with the relevant instructions and operating instructions, which are described devices in the directory Verlustmindernde, to note the additional requirements of paragraphs 3 to 7.
(3) in the case of waters that constantly carry water, the first row of trees may be treated only with the plant protection products referred to in paragraph 2, if the tree line has a distance from the waters of at least five metres, measured from the top of the embankment to the tree's middle. For the treatment of the first two rows of trees, the air support of the plant protection device in the direction of waters is also ineffective to make.
(4) in the case of waters mainly covered dry from June to September (periodic wasserführend), the first row of trees may be treated only with the plant protection products referred to in paragraph 2, if the tree line but at least has a width of 3.50 meters, measured a distance from the waters of at least the width of a travel lane, from the top of the slope up to the middle of the tree. For the treatment of the first row of the tree, the air support of the plant protection device in the direction of waters is also ineffective to make.
(5) in the case of waters, water leading only occasionally and less than three months in the year, the first row of trees may be treated only with the plant protection products referred to in paragraph 2, if the tree line but at least 3.50 meters, measured has a distance from the waters of at least the width of a travel lane, from the top of the slope up to the middle of the tree. Leads the waters at the time of the application of water, air support of the plant protection device in the direction of water is ineffective to make also for the treatment of the first row of the tree.
(6) in the cases of paragraphs 3 to 5 not required is to make ineffective use of tunnel sprinklers or similar and drift-reducing devices with a drift reduction class of 90 per cent, which are registered in the directory of Verlustmindernde devices with the fruit-growing area air support towards water. In the case of paragraph 5, the exception applies to the type of device for the required minimum distance between the upper edge of the embankment and first row of trees.
(7) in addition, the provisions of the plant protection act on the application of plant protection products must be observed.

§ 4 recording and training duties (1) the head of an agricultural or horticultural operations with land in one of the territories referred to in annex 1, applying pesticides in accordance with § 2 in conjunction with § 3, has about their application in addition to the records referred to in article 67 paragraph 1 sentence 2 of the Regulation (EC) No. 1107 / 2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products and repealing directives 79/117/EEC and 91/414 / EEC (OJ L 309, November 24, 2009, p. 1) drawings using the pattern listed in Appendix 2 of lead, in which in addition to the records referred to in article 67 paragraph 1 sentence 2 of the Regulation (EC) No 1107/2009 1 the name of the user, 2. the field of application, 3. the type of used plant protection device and the atomizer, 4. the registration number of the plant protection device in the directory Verlustmindernde devices , 5. the loss-reducing device settings including injection pressure, the PTO, and the transmission level of the fan drive both the edge series as well as the remaining acreage, and 6 the exact location and name of the treated area, the waters way, degree of water management and the exposure class of waters adjacent to the treatment area are specified.
(2) the records are calculated from the beginning of the year following the year of occurrence of the recording to be kept for a period of ten years. The competent authority may inspect the records.
(3) the head of an agricultural or horticultural establishment within the meaning of paragraph 1 shall ensure that in addition to the provisions of article 9, paragraph 1, 2 and 4 of the plant protection act the application performs designated plant protection products in section 2 only by persons, who participated in an official or officially recognized education and training once a year for the use of plant protection products according to this regulation. The continuing education and training must include in particular aspects of water protection. Education and training within the meaning of the old land plant Decree of 25 April 2013 (BAnz AT 02.05.2013 V1) are taken into account.

§ 5 classification of waters in exposure classes (1) sharing authority constantly or periodically water-bearing waters in the area referred to in Appendix 1 on the basis of the likelihood of an entry of pesticides (risk factor) in an exposure class a. The Division into one of the exposure classes is carried out on the basis of the calculation method described in annex 3, part A and the classification set out in annex 3 section B the exposure. The competent authority informs the exposure class the possessor and owner of land adjacent to the respective waters no later than 1 October 2015. Where the exposure class 1 is the class with the lowest probability of an entry, the exposure class 4 the class with the highest probability of an entry.
(2) the designated or owner of adjacent to a body of water in the area specified in Appendix 1 may request the competent authority to divide the waters, by way of derogation from the Division of water in an exposure class referred to in paragraph 1 in a different class of exposure, if there is reason to believe, that the classification of a certain class of exposure due to incorrect findings of fact or a faulty calculation is done or one of the measures referred to in annex 4 has been carried.
(3) the designated or owners of acres, bordering a body of water divided into an exposure class and who want to apply pesticides on this area pursuant to article 3, shall inform not only temporary changes of water, which the management level of water or other conditions, may have effects on the Division of water in an exposure class, the competent authority. This does not apply for mitigation measures in the sense of article 6, paragraph 1.

§ 6 complementary measures to reduce risk (1) in addition to the articles 3 and 4 is a having or owner of an agricultural or horticultural area, at a borders in the exposure class 3 or 4 split a water and on which he wants to apply plant protection products pursuant to article 3, obliged to take one or more of the measures referred to in annex 4 to reduce the risk of entry of pesticides in the water.
(2) the measure under annex 4 is to select that to go out in a normal course of that waters section, adjacent to the area of the possessor or owner, the conditions for met 1 at the latest on 1 October 2020 after implementation of the action, on the basis of the calculation method laid down in annex 3 exposure class to be divided, that a class is cheaper than the original classification and 2.
no later than on October 1, 2025, the conditions for met to be shared a 1 or 2 on the basis of the calculation method laid down in annex 3 to the exposure class.
(3) the designated or owner is obliged according to annex 4 to the competent authority not later than 1 October 2017 to inform the choice and the beginning of the implementation of the action.
(4) the competent authority checks the classification of waters in the exposure classes respectively according to the periods referred to in paragraph 2 and communicated the result of the possessor or owner.
(5) comes a having or owner of an agricultural or horticultural area of its obligation referred to in paragraph 1 after not or not timely, so that in paragraph 2 number 1 date referred a classification of water section in the next lower class of exposure is not possible, the use of pesticides on the adjacent to these water section area only after the application provisions laid down with the authorisation of a plant protection product may be. This does not apply if the claimant or owner of the agricultural or horticultural land adjacent to the respective section of the water is not responsible not reaching the next lower class of exposure from the identification of the competent authority. In the case of the set 2 the competent authority shall the possessor or owner, with the implementation of a measure according to annex 4 to start or already initiated measures to repair a deadline.
(6) paragraph 5 shall apply accordingly, if not at the latest to the one in paragraph 2 2 date number classification in the exposure class 1 or 2 can be done. Paragraph 5 applies a communication in the sense of paragraph 3 until the date referred to in paragraph 3, shall be made to the entrance of the notification to the competent authority accordingly.

Article 7 monitoring (1) the competent authorities shall monitor the use of plant protection products according to § 3 and the compliance with the requirements of § § 4, 5 (3) and § 6 paragraph 1 to 3. The reports are according to § 36 paragraph 6 of the plant protection act to submit the Federal Office of consumer protection and food safety, as at 31 December of each year. The competent authorities report on the scope and the results of the surveys and conducted audits of the application of plant protection products in the territories referred to in annex 1, the observance of recording duties and training duties according to § 4, and about other risk reduction measures taken. The competent authorities shall forthwith inform the Federal Office of consumer protection and food safety over clues with regard to possible, not reasonable consequences for the ecosystem. On the basis of the reports of the competent authorities created the Federal Office of consumer protection and food safety with the participation of the Federal Environmental Agency and representatives of fruit and the environmental and nature protection associations until 31 December 2020 a overview of measures implemented up to that date within the meaning of article 6, as well as on the development of the status of waters.
(2) the competent authorities shall perform investigations in the waters in the area referred to in Appendix 1 to collect data to assess the possible effects of the use of pesticides on aquatic organisms. For this purpose, they build in addition to the measuring points in the sense of article 9 paragraph 2 of surface water regulation by July 20, 2011 (Federal Law Gazette I p. 1429) where Annex 1 an appropriate number of additional measuring points referred to in area. The results of all measuring points in the area referred to in annex 1 referred to in sentence 1 are in every third year, 2018 for the first time to include in the reports referred to in paragraph 1.
Footnote section 7 para 2 sentence 2 italic: due to obvious incorrectness, the word "MessstelIen" was replaced by "Locations" article 8 entry into force this regulation enter into force on the day after the announcement.

Appendix 1 (§§ 1 and 5 paragraph 1) fruit growing area in water-rich lowland areas of Hamburg and Lower Saxony (reference: BAnz AT 16.03.2015 V2) in Hamburg the area that is enclosed by the following boundaries: 1 in the West: the border to Lower Saxony, 2 in the South: the Moor bettors to the franc Opera Street, franc Opera Street until the beginning of the development in terms of new/House rift along the northern border of buildings , then with the Autobahn A7 along the Princes bog dam up the ditch Harburg, 3rd in the East: the Moorburger main dike until you get to the Moorburger Elbe dike and 4th in the North: the Moorburger Elbe dike federal highway A7, then along the A7 motorway heading north to the old Süderelbe and this then along to Aue main dike, this then along about East Frisia road, Finkenwerder North Earth, Neßdeich, at the rose garden (including the East areas "Rose garden outside dike") Cranzer main dike again up to the border of Lower Saxony and new fields of main Dyke , with the exception of the nature reserves of Westerweiden and Finkenwerder Süderelbe and protection zones 1 and 2 of the water Süderelbmarsch/Harburg hills.
In Lower Saxony the areas of 1 cities of Buxtehude and Stade, 2. Samtgemeinde Horneburg and Lühe, 3 municipalities Jork and new Mumbai, 4. Germany municipalities and Oldendorf heaven gates (the latter only North of Bundesstraße 73), 5 village Drochtersen, 6 city of Cuxhaven, 7 Samtgemeinde land Hadeln, HEMMOOR & am Dobrock, 8 town Winsen, 9 Samtgemeinde Elbmarsch, 10 community site.

Annex 2 (to § 5 paragraph 1) pattern for the records to applications of plant protection products (site: BAnz AT 16.03.2015 V2) holder: name, address plot / / plot of piece of land user date for application of plant protection product application rate application device type and nozzle type with registration number in the directory loss abatement devices device settings in the sense of § 3 paragraph 1 number 5 water type, exposure class and degree of water management Appendix 3 (to article 5 paragraph 1, § 6) calculating the risk factor and classification in exposure classes for waters in the old country (site : BAnz AT 16.03.2015 V2) part A as reference value of nationwide applicable drift parameter is selected for a plant protection product with an application provision, which requires a distance to waters of 20 m drift-reducing technology in use by 90%, (notice of the drift parameters used for the authorisation of plant protection products by May 8, 2000, BAnz.) S. 9878). The reference value is calculated from the value in the table for the unique application of a plant protection product in the orchards in late stages of development, at a distance of 20 m multiplied by the factor 0.1 (90% reduction) and has rounded up to two decimal places the amount of 0.11.
The drift parameter applicable currently for the water evaluates according to the following formula: y = 60,36 * (x 1.75)-1,2243 for x 1 to 30 3 > 30 to 65 4 > 65 Appendix 4 (to article 5 paragraph 2, § 6) measures to improve the exposure class of a body of water (reference: BAnz AT 16.03.2015 V2) measure risk reduction factor the following measures are measures within the meaning of article 5, paragraph 1 regulation of water depth , so that in the period from 15 March to 15 November of each year during the entire period a water depth of at least 0.6 metres 50% reduction 0.9 meters 70% reduction is available.
 
Facility/entertainment a hedge between waters and application space with a height of at least 4 meters and a width of at least 1 metre 50% reduction system/entertainment a closed canopy system with page protection 80% which applies to an area in Lee location (prevailing wind direction + / - 30 degrees) instead to an adjacent waters.
50% production with a reduced scope of application due to the type of production in plant protection products a) production according to the requirements of Regulation (EC) No 834 / 2007 of 28 June 2007 (OJ L 189 of the 20.7.2007, p.1) amended 90% reduction application in stone fruit in the following Crown height takes place: more than 4 m 50% up to 4 meters 70% reduction using one in the list to article 3 paragraph 1 of listed tunnel sprayer with a loss mitigation at least 90% 90% reduction of at least 95% 95% reduction system/entertainment of a Refugialgewässers with a surface , that corresponds to 50% of the surface of the waters adjacent to the operating