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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Regulation on the application of plant protection products in certain areas of Hamburg and Lower Saxony (Altes Land Plant Protection Regulation-AltLandPflSchV)

Non-official Table of Contents

AltLandPflSchV

Date of expiry: 11.03.2015

Full quote:

" Altes Land Plant Protection Regulation of 11. March 2015 (BAnz. AT 16.03.2015 V2) "

footnote

(+ + + text evidence from: 17.3.2015 + + +)

unofficial table of contents

input formula

Article 36 (6) of the Plant Protection Act of 6. February 2012 (BGBl. 148, 1281) in conjunction with Section 1 (2) of the Law on Jurisdiction Adjustment of 16. August 2002 (BGBl. 3165) and the organisational decree of 17. December 2013 (BGBl. 4310), the Federal Ministry of Food and Agriculture, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, on proposal of the Free and Hanseatic City of Hamburg and Lower Saxony: Non-Official Table of Contents

§ 1 Scope

This Regulation applies to the use of plant protection products in the Annex 1 Areas. Non-official table of contents

§ 2 General provisions for the use of plant protection products

A plant protection product, which is based on a plant protection product , may be applied only at a distance from the waters of at least five metres, and may, by way of derogation from this application, also apply in the areas referred to in Appendix 1 to those specified in § § 3 and 4, respectively in conjunction with § 6, defined conditions shall be applied. Non-official table of contents

§ 3 Special provisions for the use of plant protection products

(1) On the whole area under cultivation, the Use of a plant protection product as defined in § 2 of the plant protection product, which at least in the drift reduction category 75 of the hundred in the section entitled "Directory loss reducing equipment-drift reduction" of the description list of the Julius Kühn-Institute of 10. September 2013 (BAnz AT 23.10.2013 B4) in the current version (directory loss reducing devices) are registered with the area of use of fruit growing.(2) For the treatment of the rows of trees adjacent to water, the additional requirements set out in paragraphs 3 to 7 shall apply, in compliance with the relevant instructions for use and operation described in the list of loss-reducing devices. Please note.(3) In the case of water which is constantly water, the first series of trees shall be treated with the plant protection products referred to in § 2 only if the series of trees is at a distance from the water of at least five metres, measured by the Slope upper edge up to the centre of the tree. For the treatment of the first two rows of trees, the air support of the plant protection device towards the aquatic environment is also to be rendered ineffective.(4) In the case of water which is predominantly dry (periodically water) from June to September, the first series of trees may be treated with the plant protection products referred to in § 2 only if the series of trees is at a distance from the waters of at least the width of an lane, but at least a width of 3.50 metres, measured from the upper edge of the slope to the centre of the tree. In addition, for the treatment of the first series of trees, air support of the plant protection device towards the aquatic environment is to be rendered ineffective.(5) In the case of waters which only occasionally and less than three months in the year water, the first series of trees may be treated with the plant protection products referred to in § 2 only if the series of trees is at a distance from the waters of at least the Width of a lane, but at least 3.50 meters, measured from the upper edge of the embankment to the centre of the trees. If the water is water at the time of the application, the air support of the plant protection device towards the aquatic environment is also to be rendered ineffective for the treatment of the first series of trees.(6) In the cases referred to in paragraphs 3 to 5, it is not necessary to render air support ineffective in the waters in the case of use of tunnel spraying equipment or comparable, drift-reducing devices with a drift reduction class of 90 of the hundred which are registered in the list of loss-reducing appliances with the use of fruit growing. In the case of paragraph 5, the derogation for the type of equipment shall also apply to the minimum distance required between the upper edge of the embankment and the first row of trees.(7) In addition, the provisions of the Plant Protection Act concerning the use of plant protection products must be observed. Non-official table of contents

§ 4 Recording and reproduction obligations

(1) The head of an agricultural or gardening establishment with Areas in one of the areas referred to in Appendix 1, which applies plant protection products in accordance with § 2 in conjunction with § 3, shall have, in addition to the records referred to in Article 67 (1), second sentence, of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 On the marketing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC (OJ No L 73, 27.3.1979, p. 1), using the pattern set out in Appendix 2, in which, in addition to the records referred to in the second sentence of Article 67 (1) of Regulation (EC) No 1107/2009,
1.
the name of the user,
2.
the application area,
3.
the type of plant protection device and atomizer used,
4.
the entry number of the Plant protection equipment in the list of loss-reducing devices,
5.
the settings of the loss-reducing device, including the indication of the injection pressure, the The speed of the PTO and the gear stage of the fan drive for both the rows and the rest of the area, and
6.
the exact location and designation of the the treated area, the type of water, the degree of water management and the exposure class of the waters adjacent to the treatment areas
are indicated.(2) The records shall be kept for a period of ten years from the beginning of the year following the year of the recording of the recording. The competent authority shall be able to inspect the records.(3) The head of an agricultural or gardening establishment within the meaning of paragraph 1 shall ensure that, in addition to the provisions of Article 9 (1), (2) and (4) of the Plant Protection Act, the application of the provisions of Article 2 of this Regulation shall be Plant protection products are only carried out by persons who have taken part once a year in an official or officially recognised training and training programme for the use of plant protection products under this Regulation. In particular, further education and training must also include aspects of water protection. Continuing and advanced training in the sense of the Altes Land Plant Protection Ordinance of 25. April 2013 (BAnz AT 02.05.2013 V1) shall be taken into account. Non-official table of contents

§ 5 Division Of Waters into Exposure Classes

(1) The competent authority shall communicate the information referred to in Appendix 1 to the following: Area situated continuously or periodically water-carrying waters on the basis of the probability of an entry of plant protection products (risk factor) into an exposure class. The division into one of the exposure classes shall be carried out on the basis of the method of calculation described in Annex 3, Part A, and the classification of exposure classes laid down in Annex 3, Part B. The competent authority shall communicate the exposure class at the latest by 1. October 2015 to the authorized person and owner of the areas adjacent to the respective waters. In this case, the exposure class 1 denotes the class with the lowest probability of an entry, the exposure class 4 denotes the class with the highest probability of an entry.2. The authorized or possessor of a surface adjacent to a body of water in the area referred to in Appendix 1 may apply to the competent authority, by way of derogation from the division of the body of water into an exposure class in the territory of the competent authority, in the The meaning of paragraph 1 shall be divided into another class of exposure if there is reason to believe that the division into a given exposure class has been carried out on the basis of incorrect facts or a faulty calculation, or one of the measures referred to in Annex 4 has been carried out.(3) The authorized or possessor of an area bordering on a water subject to an exposure class and wishing to apply plant protection products on that site in accordance with the conditions laid down in § 3 shall be obliged not only to To inform the competent authority without delay of any changes in the waters, the degree of water management, or the other conditions which may have an effect on the division of the water into an exposure class. This does not apply to risk mitigation measures within the meaning of Section 6 (1). Non-official table of contents

§ 6 Supplementary measures to mitigate risk

(1) In addition to § § 3 and 4, an authorized person or owner of a risk assessment shall be entitled to an area used for agricultural or horticultural purposes, which borders on a water part of the exposure class 3 or 4 and on which it intends to apply plant protection products in accordance with the conditions laid down in § 3, at least one of the areas in contact with the plant protection 4 to take measures to reduce the risk of entry of plant protection products into the aquatic environment.(2) The measure referred to in Appendix 4 shall be selected in such a way that, in the course of a normal course of action, it is to be assumed that the section of water to which the area of the right of disposal or owner borders, after implementation of the measure, is
1.
at the latest, however, on 1. October 2020, the conditions are met to be divided into an exposure class which is more favourable than the original classification and
2.
at the latest, however, on 1.
(3) The right of disposal or the owner is obliged to make the selection and the right to be informed in accordance with the calculation method laid down in Annex 3. Start of implementation of the measure referred to in Appendix 4 to the competent authority by 1 at the latest. October 2017.The competent authority shall, in each case in accordance with the periods referred to in paragraph 2, review the division of the water into the exposure classes and shall inform the person or owner of the result.(5) Where an authorized or owner of an agricultural or horticultural area does not comply with the obligation referred to in paragraph 1 or does not comply in good time, the date referred to in paragraph 2 (1) shall be subject to a classification of a Whereas the use of plant protection products on the area adjacent to that part of the water must not be allowed only in accordance with the conditions laid down by the authorisation of a plant protection product; Application provisions. This shall not apply where, after the competent authority has established the competent authority, the person entitled to dispose of the land adjacent to the section of the water in question or the owner of the land adjacent to the particular section of the water shall not be able to reach the next lower Exposure class is not to be represented. In the case of the second sentence, the competent authority shall set a time limit for the person entitled to dispose of the sentence or the holder in order to commend the implementation of a measure pursuant to Annex 4 or to remedy the measures already under way.(6) Paragraph 5 shall apply mutatily if, at the latest by the date referred to in paragraph 2 (2), a division into the exposure class 1 or 2 may take place. Where a notification referred to in paragraph 3 does not take place until the date referred to in paragraph 3, the notification shall be deemed to have been received by the competent authority in accordance with paragraph 5 until the date of receipt of the notification. Non-official table of contents

§ 7 Monitoring

(1) The competent authorities shall monitor the use of plant protection products in accordance with § 3 and the Compliance with the obligations of § § 4, 5 (3) and § 6 (1) to (3). The reports in accordance with § 36 paragraph 6 of the Plant Protection Act are the Federal Office for Consumer Protection and Food Safety at the 31. It should be submitted in December of each year. The competent authorities shall report on the extent and results of the surveys and checks carried out on the use of plant protection products in the areas referred to in Appendix 1, compliance with recording requirements and Continuing education obligations in accordance with § 4, and on further risk reduction measures taken. The competent authorities shall immediately inform the Federal Office of Consumer Protection and Food Safety of any evidence of possible, unjustifiable effects on the natural household. On the basis of the reports of the competent authorities, the Federal Office for Consumer Protection and Food Safety (Bundesamt für Consumer Protection and Food Safety), with the participation of the Federal Environment Agency and representatives of the fruit industry and environmental and nature conservation associations, shall draw up to 31. December 2020 shall provide an overview of the measures taken up to that date within the meaning of Section 6 and on the development of the state of the aquatic environment.The competent authorities shall carry out investigations in the waters in the area referred to in Appendix 1 in order to collect data for the assessment of possible effects of the use of plant protection products on aquatic organisms. For this purpose, they shall be constructed in addition to the measuring points within the meaning of Article 9 (2) of the Surface Water Order of 20. July 2011 (BGBl. 1429), in the area referred to in Appendix 1, an appropriate number of additional measuring points. The results of all the measuring points referred to in the first sentence in the area referred to in Appendix 1 shall be included in the reports referred to in paragraph 1 in each third year for the first time in 2018.

footnote

§ 7 para. 2 sentence 2 italic pressure: Due to obvious The word "MessstelIen" has been replaced by "measuring points" unofficial table of contents

§ 8 Entry into force

This regulation occurs on the day after the announcement in force. unofficial table of contents

Appendix 1 (to § § 1 and 5 paragraph 1)
Obstanbaugebiet in water-rich areas of Lower Hamburg, and Niedersachsens

(Fundstelle: BAnz AT 16.03.2015 V2)
In Hamburg, the area enclosed by the following limits
1. in the West:the national border with Lower Saxony,
2.in the South: The moor weathers up to Francoper Straße, the Francoper Straße until the beginning of the construction, in the area Neugraben/Hausbruch along the northern Bebauungsfrontier, then via the federal highway A7 along the Fürstenmoordamms until to take off Harburg,
3.in the east:the Moorburger Hauptdeich up to the Moorburg Elbe dike and
4.in the north:the Moorburger Elbdeich to the Bundesautobahn A7, then along the federal highway A7 direction north to the Alte Süderelbe and then along to the Aue Hauptdeich, then along via Ostfrieslandstraße, Finkenwerder Norderdeich, Neßdeich, Am Rosengarten (including the areas to the east " Rosengarten Outer pond ") Neuenfelder Hauptdeich and Cranzer Hauptdeich again up to the border of Lower Saxony,
with the exception of the nature reserves Westerweiden and Finkenwerder Süderelbe as well as Protection zones 1 and 2 of the water protection area Süderelbmarsch/Harburger Berge.
Lower Saxony, the areas of the
1.
cities Buxtehude and Stade,
2.
Samtmeanden Horneburg and Lühe,
3.
Municipalities of Jork and New Wulmstorf,
4.
Samtcommunities Nordkehdingen and Oldendorf-Himmelpforten
(the latter just north of the federal highway 73),
5.
Municipality of Drochtersen,
6.
City Cuxhaven,
7.
Samtmunicipalities Land Hadeln, Hemmoor and Am Dobrock,
8.
City Winsen,
9.
Samtgemeinde Elbmarsch,
10.
Municipality of Place.
Non-Official Table of Contents

Appendix 2 (to § 5 paragraph 1)
Sample of pesticide applications

(find site: BAnz AT 16.03.2015 V2)
Holder: Name, Address
Parzelle/Parcel/plot
User
Application Date
Plant protection products
AufwandQuantity
Application area 
Device type and type of device with entry number in the directory of lossless devices
Device settings within the meaning of § 3 paragraph 1 point 5
Water type, exposure class, and water management degree 
unofficial table of contents

Appendix 3 (to § 5 paragraph 1, § 6)
Calculation of risk factor and classification in exposure classes for Water in the Old Country

(site: BAnz AT 16.03.2015 V2)
Part A
As a reference value, the nationally applicable drift value for a plant protection product with an application determination used when using 90% drift-reducing agents Technology, which prescries a distance to waters of 20 m (notice of the driftback values used in the authorisation of plant protection products of 8. May 2000, BAnz. 9878). The reference value shall be calculated from the table value for the one-off use of a plant protection product in fruit growing at late stages of development at a distance of 20 m multiplied by a factor of 0.1 (90% reduction) and has two values: Decimal places rounded the amount 0 ,11.The drift value currently applicable to the body of water is given by the following formula:
y = 60,36 * (x-1, 75) -1,2243 for x < 15y = 212,13 * (x-1, 75) -1,7583 for x ≥ 15
withy:Abdrift_value to be applied
x:Distance between the upper edge of the embankment and the middle of the first tree row in m
(at right angles to the water between the upper edge of the slope and the middle of the first tree

The risk factor is the quotient of the risk factor for the The following risk factors have been calculated for the determination of the exposure class: Distance BöschungsoberEdge-Mitte erste BaumreiheRisk Factor
3,50 m (periodically water-leading waters only) 277
5.00 m 130
6.00 m 93
7,00 m 72
8,00 m 58
9,00 m 49
10, 00 m 41
15, 00 m 21
20, 00 m 12
20, 00 m with 90% driftreducing technology (reference) 1


Part B
The waters are classified into one of the following four exposure classes: Exposition class risk factor
1 0 up to 1
2 > 1 to 30
3 > 30 to 65
4> 65
unofficial Table of contents

Appendix 4 (to § 5, paragraph 2, § 6)
Measures to improve the exposure class of a body of water

(Fundstelle: BAnz AT 16.03.2015 V2)
The following measures are measures within the meaning of § 5 paragraph 1 Measure Risk Reduction Factor
Regulation of the water depth, so that in the time of the 15. March to 15. November
of each year during the whole period, a depth of water of at least
0,6 meters 50% Minting
0,9 meters 70% Minting
exists.
Attachment/Entertainment of a hedge between waterways and application area
with a height of at least 4 meters and a width of at least 1 meter
50% Minting
Attachment/Entertainment of a closed roofing system with side screen 80%
The application can be found on an area in Leelage (main wind direction +/-30 degrees) to an adjacent body of water instead. 50%
Production with a reduced application range of plant protection products due to the type of production
a) Production in accordance with the requirements of Regulation (EC) No. 834/2007 of 28 June 2007 21 June 2007 (OJ C 327, 1) in the version in force 90% Minting
Application takes place at Steinobst at the following Kronenhöhe:
more than 4 meters 50%
to 4 meters 70% Minting
Use of a tunneling device
listed in the list according to § 3, paragraph 1, with a loss reduction
of at least 90% 90% Minting
of at least 95% 95% Minting
Plant/Entertainment of a refuge water with a surface,
that corresponds to the surface of the waters bordering the operation
50%