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

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AltLandPflSchV

Date of completion: 11.03.2015

Full quote:

" Old land plant protection order of 11 March 2015 (BAnz. AT 16.03.2015 V2) "

Footnote

(+ + + Text proof: 17.3.2015 + + +) 

  

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Input formula

On the basis of § 36 (6) of the Plant Protection Act of 6 February 2012 (BGBl. 148, 1281) in conjunction with Section 1 (2) of the Jurisdiction Adjustment Act of 16 August 2002 (BGBl). I p. 3165) and the Organizational 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, is responsible for the proposal of the Free and Hanseatic City of Hamburg and Lower Saxony: Unofficial table of contents

§ 1 Scope

This Regulation shall apply to the use of plant protection products in the areas referred to in Appendix 1. Unofficial table of contents

§ 2 General provisions for the use of plant protection products

By way of derogation from this application, a plant protection product which may be used only at a distance from waters of at least five metres in accordance with a method of application as defined in the respective authorisation may be used in the Annex 1 to the Annex 1. shall also be applied in accordance with the conditions laid down in § § 3 and 4, in each case in conjunction with Section 6. Unofficial table of contents

§ 3 Special provisions for the use of plant protection products

(1) The use of a plant protection product within the meaning of Article 2 shall apply to plant protection products as a whole, the plant protection product at least in the drift reduction category 75 from the hundred in the section "Directory loss reducing equipment". Reduction of drift " of the describing 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, subject to compliance with the (3) In the case of waters which are constantly water, the first series of trees shall only be allowed to comply with the requirements set out in paragraphs 3 to 7. are treated with the plant protection products referred to in § 2, if the row of trees has a distance to the body of water of at least five metres, measured from the upper edge of the embankment to the centre of the tree. In addition, for the treatment of the first two rows of trees, air support of the plant protection equipment towards the aquatic environment is to be rendered ineffective. (4) In the case of water which is predominantly dry (periodically water-led) from June to September, it may be necessary to: 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 the width of a road, but at least a width of 3.50 metres, measured by the The upper edge of the slope is up to the centre of the tree. In addition, for the treatment of the first series of trees, air support for the plant protection device towards the aquatic environment is to be rendered ineffective. (5) In the case of water which only occasionally and less than three months in the year water, the first A series of trees shall be treated with the plant protection products referred to in § 2 only if the row of trees is at a distance from the water of at least the width of a road, but at least 3.50 metres, measured from the upper edge of the slope to the centre of the tree . 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 of paragraphs 3 to 5, it is not , to make air support in the water direction ineffective when using tunnel spraying equipment or comparable, drift-reducing equipment with a drift reduction class of 90 of the hundred in the directory Loss-reducing devices with the use area of fruit growing are registered. 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 series of trees. (7) The provisions of the Plant Protection Act concerning the application of Plant protection products should be observed. Unofficial table of contents

Section 4 Recording and reproduction obligations

(1) The head of an agricultural or horticultural establishment with land 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 application of the Records referred to in the second sentence of Article 67 (1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 June 2009. 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) shall keep records using the model 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 field of application,

3.

the type of plant protection equipment used and the atomizer,

4.

the registration number of the plant protection equipment in the list of loss-reducing devices;

5.

the settings of the loss reducing device, including the injection pressure, the PTO speed and the gear stage of the fan drive, both for the edge series and for the rest of the area, and

6.

the exact location and designation of the treated area, the type of water, the degree of water management and the exposure class of the waters adjacent to the treatment areas

(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 may consult 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 Section 9 (1), (2) and (4) of the Plant protection law the use of plant protection products referred to in § 2 is carried out only by persons who are once a year on an official or officially recognised training and continuing training measure for the application of Plant protection products have taken part in this Regulation. In particular, further education and training must also include aspects of water protection. Further and further developments within the meaning of the Altes Land Plant Protection Ordinance of 25 April 2013 (BAnz AT 02.05.2013 V1) must be taken into account. Unofficial table of contents

Section 5 Classification Of Waters in Exposure Classes

The competent authority shall, on the basis of the likelihood of an entry of plant protection products (risk factor), divide the waters in the area referred to in Appendix 1 to an exposure class at all times or periodically water-carrying waters. 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 person entitled to dispose of or the owner of an entry to a Water in the area adjacent to 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 within the meaning of paragraph 1, to another class of exposure if there is reason to believe that the division into a particular exposure class has been carried out on the basis of incorrect factual findings or incorrect calculation, or one of the measures referred to in Appendix 4 has been carried out. (3) The authorized or owner of an area to be placed in an area of In addition to temporary changes in water bodies, water management or other types of water, it is required that plant protection products be used in accordance with the conditions laid down in Article 3 of this Regulation. Conditions which affect the division of the water into a be able to communicate without delay to the competent authority. This does not apply to risk mitigation measures within the meaning of Section 6 (1). Unofficial table of contents

§ 6 Supplementary measures for risk reduction

(1) In addition to § § 3 and 4, an authorized person or owner of an agricultural or horticultural area, which borders on a water divided into the exposure class 3 or 4 and on which he is responsible for plant protection products, shall be entitled to (2) The measure referred to in Appendix 4 shall be selected in such a way as to ensure that the risk of entry of plant protection products into the aquatic environment is reduced. (2) in the case of a normal course of action, it is to be assumed that the section of water to which the the area of the right of disposal or owner, following the implementation of the measure,

1.

but no later than 1. October 2020, the conditions are met to be divided into an exposure class which is more favourable to a class than the original classification, on the basis of the calculation method set out in Annex 3; and

2.

but no later than 1. On the basis of the calculation method laid down in Annex 3, the conditions are fulfilled in October 2025 in order to be classified in the exposure class 1 or 2.

(3) The right of disposal or owner shall be obliged to select and commend the implementation of the measure referred to in Appendix 4 to the competent authority by 1. (4) The competent authority shall, in accordance with the periods referred to in paragraph 2, review the division of the water into the exposure classes and communicate the result to the person entitled to dispose or the owner. (5) The holder or owner of an agricultural or horticultural area of his obligation referred to in paragraph 1 not or not in good time, so that, in accordance with the date referred to in paragraph 2 (1), a classification shall be granted. If it is not possible to enter the water section in the next most favourable exposure class, the following may be used: Use of plant protection products on the area adjacent to this section of the water shall be carried out only in accordance with the conditions of use laid down by the authorisation of a plant protection product. 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 right of disposal or the holder to start implementing a measure pursuant to Annex 4 or to rectify the measures already initiated. (6) Paragraph 5 shall apply mutatily if: may not be divided into exposure class 1 or 2 at the latest by the date referred to in paragraph 2 (2). 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. Unofficial table of contents

§ 7 Monitoring

(1) The competent authorities shall monitor the use of plant protection products in accordance with § 3 and compliance with the obligations of § § 4, 5 (3) and 6 (1) to (3). The reports pursuant to § 36 (6) of the Plant Protection Act are to be submitted to the Federal Office for Consumer Protection and Food Safety at 31 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 concerning possible, unjustifiable effects on the natural environment. 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. (2) The competent authorities shall carry out in the waters of the territory referred to in Appendix 1, a summary of the measures taken up to that date. (2) The competent authorities shall carry out the following measures: Studies to assess the potential impact of the application of Plant protection products on aquatic organisms. To this end, they are set up in addition to the measuring points within the meaning of § 9 paragraph 2 of the Surface Water Ordination 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 italics: due to obvious incorrectness, the word "measuring stelien" has been replaced by "measuring points" Unofficial table of contents

Section 8 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Appendix 1 (to § § 1 and 5 (1))
Fruit growing area in water-rich areas of Hamburg and Lower Saxony

(Fundstelle: BAnz AT 16.03.2015 V2)
In Hamburg, the area enclosed by the following borders:

1.	in the West:	the national border with Lower Saxony,
2.	in the south:	the Moorwetters up to Francoper Straße, the Francoper Straße until the beginning of the building, in the area Neugraben/Hausbruch along the northern Bebauungsfrontier, then via the federal highway A7 along the Fürstenmoordamms up to the withdrawal pit Harburg,
3.	to the east:	the Moorburg main dike up to the Moorburg Elbe dike and
4.	in the north:	the Moorburger Elbdeich to the Bundesautobahn A7, then along the highway A7 in the direction north to the Alte Süderelbe and then along to the Aue Hauptdeich, then along via Ostfrieslandstraße, Finkenwerder Norderdeich, Neßdeich, At the Rosengarten (including the areas to the east "Rosengarten outdoor pond") Neuenfelder Hauptdeich and Cranzer Hauptdeich again up to the border of Lower Saxony,
with the exception of the protected areas Westerweiden and Finkenwerder Süderelbe as well as the protection zones 1 and 2 of the water protection area Süderelbmarsch/Harburger Berge.

In Lower Saxony, the areas of

1.

Cities of Buxtehude and Stade,

2.

Samtcommunities Horneburg and Lühe,

3.

Municipalities of Jork and Neu Wulmstorf,

4.

Samtcommunities Nordkehdingen and Oldendorf-Himmelpforten
(the latter only north of the federal road 73),

5.

Municipality of Drochtersen,

6.

City of Cuxhaven,

7.

Samtcommunities Land Hadeln, Hemmoor and Am Dobrock,

8.

City of Winsen,

9.

Community of Elbmarsch,

10.

Community Body.

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Appendix 2 (to § 5 (1))
Samples for the records of plant protection products

(Fundstelle: BAnz AT 16.03.2015 V2)
Holder: name, address

Parcel/Parcel/plot of land
User
Application Date
Plant protection products
Application Quantity
Application Area
Device type and type of nozzle with registration number in the directory of lossless devices
Device settings within the meaning of § 3 (1) (5)
Type of water, exposure class and degree of water management

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

(Fundstelle: BAnz AT 16.03.2015 V2)
Part A
The reference value shall be the nationally applicable drift value for a plant protection product with an indication of application which, when 90% of the anti-drift technique is used, prescribates a distance to waters of 20 m (notice of The drift 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 Decimal places rounded up the amount 0 ,11.The drift value currently applicable to the body of water shall be calculated according to the following formula:
y = 60,36 * (x-1, 75) ^-1.2243 for x < 15y = 212,13 * (x-1, 75) ^-1.7583 for x ≥ 15

with	y:	Drift corner value to be used
	x:	Distance between the upper edge of the embankment and the middle of the first tree row in m
	(at tree rows perpendicular to the water between the upper edge of the embankment and the middle of the first tree)

The risk factor is calculated as the quotient of the current drift value and the reference value to be applied to the body of water. The following risk factors have been calculated for the determination of the exposure class: Distance Böschungsupper edge-center first tree row risk 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% drift-reducing technology (reference)	1

Part B
The waters shall be placed in one of the following four exposure classes: Exposure class risk factor

1	0 to 1
2	> 1 to 30
3	> 30 to 65
4	> 65

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

(Fundstelle: BAnz AT 16.03.2015 V2)
The following measures are measures within the meaning of Article 5 (1) Measure Risk Reduction Factor

Regulation of the water depth, so that in the period from 15 March to 15 November a water depth of at least one year during the whole period of
0.6 metres		50% reduction
0.9 metres		70% reduction
exists.
Annex/Entertainment of a hedge between water and application area Of a height of at least 4 metres and a width of at least 1 metre		50% reduction
System/Entertainment of a closed roofing system with side screen		80%
The application takes place on an area in Leelage (main wind direction +/-30 degrees) to an adjacent body of water.		50%
Production with reduced use of plant protection products due to the type of production
a)	Production in accordance with the provisions of Regulation (EC) No 834/2007 of 28 June 2007 (OJ L 327, 28.11.2007, p. 1), as amended.	90% reduction
Application is taking place at Steinobst at the following Kronenhöhe:
more than 4 meters		50%
up to 4 metres		70% reduction
Use of a tunnel injection device listed in the list in accordance with § 3 (1) with a loss reduction
of at least 90%		90% reduction
of at least 95%		95% reduction
Installation/maintenance of a refuge water with a surface, which corresponds to the surface of the waters bordering on the holding		50%