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Wet protection products and biocidal products

Original Language Title: Wet gewasbeschermingsmiddelen en biociden

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Law of 17 February 2007 laying down arrangements for the authorisation, placing on the market and use of plant protection products and biocides (Wet plant protection products and biocidal products)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to lay down new rules for the authorisation, placing on the market and use of plant protection products and for the authorisation and registration, placing on the market and use of plant protection products. Of biocidal products, having regard to: Directive No 91 /414/EEC of the Council of the European Communities of 15 July 1991 concerning the placing of plant protection products on the market (PbEG L 230), and Directive No 98 /8/EC of the European Parliament and of the Council of the European Union of 16 February 1998 concerning the placing of biocidal products on the market (PbEG L 123);

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. General provisions

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Article 1. Definitions

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    equipment for the use of plant protection products: equipment specifically intended for the use of plant protection products, including those essential for its effective operation, such as spray caps, Pressure gauges, filters, sieves and accessories for tank cleaning;

    treated article: treated article as referred to in point (1) of the first paragraph of Article 3 of Regulation (EU) No 528/2012;

    biocidal products: biocidal products as referred to in Article 3 (a) of Regulation (EU) No 528/2012;

    College: College for the authorisation of plant protection products and biocides, mentioned in Article 3 ;

    Community measure: Regulation, Directive or Decision as provided for in Article 249 of the Treaty establishing the European Economic Community (Trb. 1957, 91) relating to plant protection products or biocides;

    Distributor: any natural or legal person who ensures that plant protection products or biocidal products are available commercially, including wholesalers, retailers, sellers and suppliers;

    'User' means any natural or legal person who applies, applies, applies or does a plant protection product or biocidal product;

    Integrated crop protection: the careful consideration of all available plant protection methods, followed by the integration of appropriate measures to prevent the development of populations of harmful organisms, Restrict plant protection products and other forms of intervention to economically and ecologically sound levels, and minimise the risk to human health and the environment;

    Plant protection product: plant protection product as referred to in Article 2 (1) of Regulation (EC) No 1107/2009;

    Our Minister:

    • -for plant protection products and for the application of Chapter 2 : Our Minister of Economic Affairs, in agreement with our Minister of Infrastructure and the Environment;

    • -for Biocidal Products: Our Minister of Infrastructure and the Environment, in accordance with our Minister for Economic Affairs;

    • -for the Articles 86 and 90 : Our Minister of Economic Affairs with regard to breaches of plant protection products or our Minister of Infrastructure and the Environment in relation to infringements of biocidal products;

    Our Ministers: Our Minister for Economic Affairs, Our Minister of Infrastructure and the Environment, Our Minister of Social Affairs and Employment, and Our Minister for Health, Welfare and Sport;

    professional user: person used in the agricultural sector or in another sector, using plant protection products in the context of his professional activities, including operators of application equipment, technicians, employers and self-employed persons;

    Directive 2009 /128/EC: Directive 2009 /128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (PbEU L 309);

    Regulation (EC) '1107/2009': Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC (PbEU, L 309);

    Regulation (EU) No 528/2012: Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (PbEU, L 167).

    packaging: a shell in which a plant protection product or a biocidal product is delivered to, or for the benefit of, a user, or intended for it;

  • 2 This law and the provisions based thereon also include the presence of an active substance, whether or not in a plant protection product or biocide, on or in buildings, places, objects, land or on plants or plant products, with the exception of basic material brought within the Netherlands, including cuttings and seeds, to the extent that the active substance in the country of origin has been applied to the basic material in accordance with the legislation of That country.


Article 2. Communication of Community measures

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  • 1 Our Minister makes a statement in the Official Gazette of the adoption or amendment of a Community measure to the extent that it is to be implemented, indicating the articles of that law to which the relevant Community legislation measure.

  • 2 A Community measure or amendment thereto shall apply to the application of this Act from the date on which it is to be implemented at the latest, unless a ministerial order published in the Official Journal of the European Union provides for a other time shall be fixed.


Article 2a. Duty of care

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Each person shall be required to deal with plant protection products, biocides, active substances which are active or used in addition, and their residues, or the unbroken packages. Such care shall in any case imply that any person who knows or may reasonably suspect that his action or failure to act is likely to occur or may arise for a human being, for an animal or for plants whose conservation is desired, plants belonging to others, for soil or water, shall not be required to act in such a way, unless this can be otherwise not required of him or without taking any measures reasonably required by him or her. In order to avoid such danger or to reduce its adverse effects, it may be necessary to avoid Limit and eliminate as much as possible.

Chapter 2. The college for the authorisation of plant protection products and biocides

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Article 3. College

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There is a College for the authorisation of plant protection products and biocides. The College shall have legal personality.


Article 4. Tasks of college

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  • 1 The college is designated as the competent authority for the Netherlands within the meaning of Article 75 of Regulation (EC) No 1107/2009. The College is responsible for acting as rapporteur Member State for the assessment of active substances, safeners and synergists, as well as with the authorisation of plant protection products and adjuvants, in accordance with Regulation (EC) No 1107/2009.

  • 2 The college is designated as the competent authority for the Netherlands within the meaning of Article 81, first paragraph, of Regulation (EU) No 528/2012, unless otherwise provided for in this Act.

  • 3 In the case of a general measure of management, other tasks may be entrusted to the college, which are related to the placing on the market or use of plant protection products or biocidal products.

  • 4 By way of derogation from the first paragraph, Our Minister of Economic Affairs shall be responsible for the provision of information as referred to in Article 67, first paragraph, third text block, of Regulation (EC) No 1107/2009.


Article 5. Composition of college

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  • 1 The College shall consist of five members, including the President, and up to four alternate members. The appointment shall take place on the basis of expertise in the tasks entrusted to the college.

  • 2 Members shall appoint a deputy chairman from among their members.

  • 3 The members and the alternate members shall be appointed for the period of four years. They shall be reappointed at most two times.

  • 4 Members and alternate members shall sit in the college at their personal capacity and shall exercise their duties without any burden or back-appointment.

  • 5 As long as a vacancy is not provided, the remaining members shall form the college, with the competence of the full college.

  • 6 Members and alternate members appointed to replace an interim period of time shall resign at the time when the person in whose place they were appointed should resign.


Article 6. Other Functions [ Expired per 01-01-2010]

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Article 7. Secretariat

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  • 1 The College shall have a Secretary and a Secretariat. The Secretariat shall be responsible for supporting the College.

  • 2 The Secretary shall be appointed by Our Minister on a proposal from the College. He can be suspended or dismissed by our Minister.

  • 3 The Secretary of the college shall also be Director of the Secretariat. He shall be responsible for the day-to-day management of such management.


Article 8. College of Procedure

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  • 1 The College shall adopt rules of management, which shall, in any event, be governed by the Rules of Procedure:

    • a. the rules of procedure of the college and the division of labour between its members; and

    • (b) other matters relating to the execution of the aid provided by or pursuant to this Law, including the detailed requirements of the Article 2:15 of the General Administrative Law .

  • 2 The College may, in the Rules of Procedure, forward its representation to one or more members of the college or to the Secretary in the Rules of Procedure. It may provide that this representation relates only to certain matters.

  • 3 The College may, in its rules of procedure, assign to one or more paragraphs or to the Secretary to the Rules of Procedure, the functions and powers to be assigned to them.

  • 4 [ Red: Expated.]

  • 5 [ Red: Expated.]

  • 6 In addition to the first paragraph, part b, the college may lay down rules in a board of rules for the submission of data to an electronic data carrier and require the applicant in writing to the extent that a interested party does not transmit the data by electronic means as specified in Article 2:15 of the General Administrative Law .


Article 9. Staff Secretariat [ Expired by 01-01-2010]

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Article 10. Rates of college

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  • 1 The college shall fix its rates in connection with the implementation of the Article 4 statutory tasks. The tariff shall include an annual contribution to the holder of an authorisation for each authorised plant protection product listed on 1 February in the register of the college.

  • 2 The rates referred to in the first paragraph shall not exceed what is necessary to cover the costs incurred in connection with the activities carried out.

  • 3 The rules of our Minister may lay down detailed rules on the maximum rate or the maximum annual increase, as well as for plant protection products on a reduction in the rate applicable to certain forms of authorisation, activities and certain groups of applicants for admission, in accordance with Article 74, second paragraph, of Regulation (EC) No 1107/2009.

  • 4 The rules of our Minister are subject to rules on the tariffs referred to in Article 80 (2) of Regulation (EU) No 528/2012.


Article 11. Revenue

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The revenue of the college consists of:

  • a. the revenue of the tariffs, referred to in Article 10 ;

  • b. fees for services rendered;

  • c. Contributing from the Empire;

  • d. other benefits, however mentioned.


Article 12. Accountability

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  • 1 The College shall draw up an annual work plan for the following year. The work plan shall also include a vision of developments over the next four years with regard to the nature and scale of the tasks assigned to the college and the consequent impact on the organisation. The work plan shall be notified to our Ministers before 1 October.

  • If approval is withheld from the budget, the College shall be entitled, for a period of not more than six months for each month for which approval is withheld, to do expenditure in size not exceeding one twelfth of the period of approval of the budget for the previous year which has been approved.

  • 3 Our Minister may also examine the effectiveness of the College's management, organization and policy, as well as the effectiveness of its implementation and policy. The College shall, on request, give access to books and records for the purposes of this examination and shall provide all the information necessary for the purpose of the present investigation.


Article 13. Provision of information

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After consultation with the college, our Minister shall establish an information document. The information document contains rules relating to the provision of information between Our Ministers and the College.


Article 14. Policy Rules [ Expired per 01-01-2010]

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Article 15. Publication [ Expon per 01-01-2010]

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Article 16. Job Neglecting Scheme [ Expired per 01-01-2010]

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Article 17. Data Security [ expired by 01-01-2010]

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Chapter 3 [ Expaed by 26-11-2011]

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Chapter 4. Pesticides

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§ 1. General provisions

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Article 18. Definitions

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For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:

  • Basic substance: active substance as referred to in Article 23, first paragraph, of Regulation (EC) No 1107/2009;

  • Environment: that is provided for in Article 3 (13) of Regulation (EC) No 1107/2009;

  • Non-chemical methods: methods which alternative to the use of plant protection products based on agricultural techniques referred to in point 1 of Annex III to Directive 2009 /128/EC, or physical, mechanical or biological control methods;

  • Placing on the market: that is provided for in Article 3 (9) of Regulation (EC) No 1107/2009;

  • Risk indicator: the result of a calculation method used in the assessment of risks of plant protection products for human health and the environment;

  • For lighter: -person providing advice on the control of harmful organisms and safe use of plant protection products, including private and self-employed persons, professionally or in the framework of a commercial service. information services, commercial agents, food producers and retailers;

  • Active substance: that is provided for in Article 2, second paragraph, of Regulation (EC) No 1107/2009.


Article 19. Use of active substances

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It shall be prohibited to use an active substance that is not included in an authorised plant protection product unless the substance has been approved as a basic substance under Article 23 of Regulation (EC) No 1107/2009.


Article 20. Infringements of the Regulation

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  • 1 It shall be prohibited to act in violation of Article 28, first paragraph, 52, first and fifth paragraphs, 55, 56, first paragraph, 58, first paragraph, and 64, of Regulation (EC) No 1107/2009 or any regulations adopted in accordance therewith.

  • 2 It shall be prohibited to act in violation of Article 49, paragraph 4, paragraph 56, second or fourth paragraph, point 65, first paragraph, 66 and 67 of Regulation (EC) No 1107/2009, or any regulations adopted in accordance therewith.

  • 3 It is prohibited to have any plant protection product containing a plant protection product or additive not authorised in the Netherlands or to be in stock.


Article 21. Seeds Treated

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The placing on the market or use of a plant, treated with a plant protection product in the Netherlands, of a plant containing a plant protection product shall be prohibited, unless it can be shown that the seed has been treated with a plant protection product authorised as such in a Member State of the European Union.


Article 22. Rules and restrictions

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  • 1 It shall be prohibited to place on the market or use of an authorised plant protection product if the requirements or restrictions laid down by the College or by the College are not or are not in accordance with the prescribed conditions, on or on the basis of the conditions laid down in Article 3 of Regulation (EEC) No 917 Packaging must be given.

  • 2 It is prohibited to place on the market or use of a plant protection product if the active substance and its further composition, including safeners, synergists or formulants, colour, shape, finish, packaging, Other indications or indications derogate from the authorisation or the relevant rules set out in or under this Law, Regulation (EC) No 1107/2009 or any Regulation adopted pursuant to that Regulation.

  • 3 The Article 19 or 20 or the first and second members shall not be prohibited from applying to the extent that the College has taken a facility for the removal, placing on the market, storage or use of plant protection products as referred to in Article 46 of this Regulation. Regulation (EC) No 1107/2009.


Article 23. Procedure [ Verfalls per 26-11-2011]

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Article 24. The Applicant [ Expired by 26-11-2011]

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Article 25. The application [ Expated per 26-11-2011]

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Article 26. Testing on vertebrate animals [ Expect per 26-11-2011]

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Article 27. Data Protection [ Expired 26-11-2011]

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§ 2. The authorisation procedure

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Article 28. Detailed rules for placing on the market

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  • 1 By arrangement of Our Minister, for the implementation of Regulation (EC) No 1107/2009, rules may be set about:

    • a. the mode of establishment and the content of a construction plan referred to in Article 4, seventh paragraph, of Regulation (EC) No 1107/2009;

    • (b) the recognition of trials and analyses provided for in Article 29, third paragraph, of Regulation (EC) No 1107/2009;

    • (c) any specific conditions of use related to environment or agriculture and the related national risk mitigation measures, as referred to in Article 36, third paragraph, of Regulation (EC) No 1107/2009;

    • d. the simplification or stimulation of applications for authorisation in relation to the extension for a minor application of an existing authorisation, as provided for in Article 51 of Regulation (EC) No 1107/2009;

    • e. the labelling of plant protection products referred to in Article 65 of Regulation (EC) No 1107/2009.

    The rules referred to in subparagraph (b) may include the recognition of trials and analyses or the examination of an application for that purpose, after a rate fixed for that purpose is fulfilled.

  • 2 Upon the settlement of our Minister, for the implementation of Article 81 of Regulation (EC) No 1107/2009, rules on safeners, synergists, co-formulants and adjuvants may be subject to rules. Such rules may relate to the quality or composition of such substances and prohibit or restrict the placing on the market or use.

  • 3 In the case of or under general management measures, where necessary for the implementation of Article 36, first paragraph, of Regulation (EC) No 1107/2009, rules on the application of the uniform system referred to in that Article may be adopted principles, in so far as the application of those principles does not set out the assessment methods laid down in guidelines referred to in Article 77 of that Regulation. The nomination for a general measure of directors to be adopted in accordance with the first sentence shall be submitted not earlier than four weeks after the draft has been submitted to both Chambers of the States General.


Article 29. Requirements

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  • 1 By or under a general management measure, rules for the authorisation or use of plant protection products for non-professional use may be laid down pursuant to Article 13, second paragraph, of Directive 2009 /128/EC, in order to avoid dangerous situations. Those rules may cover, inter alia:

    • a. The degree of toxicity of the plant protection product;

    • b. ready-to-use formulations;

    • c. Limits to the size of the packaging.

  • 2 By arrangement of Our Minister, rules may be laid down regarding the adaptation of the label of a plant protection product after the hazard classification of a plant protection product has been changed, in accordance with Article 31, second paragraph, of Regulation (EC) No 1107/2009.

  • 3 In the case of, or pursuant to a general measure of management, any rules applicable to the authorisation by the college may be adopted pursuant to Article 31, second and fourth paragraph of Article 31 of Regulation (EC) No 1107/2009, including in any case in the case of use of the plant protection product, re-entry periods, precautions and safety advice to protect the user or other persons, either during or after use with the plant protection product itself or a person of which may be in contact with treated product or material.

  • 4 The nomination for a general measure of management to be adopted under paragraph 3 shall not be taken until four weeks after the draft has been submitted to both Chambers of the States General.


§ 3. Special forms of admission [ Expired 26-11-2011]

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Article 30. Applicability paragraphs 1 and 2 [ Expired per 26-11-2011]

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Article 31. Simplified extension seat rating [ Expand/26-11-2011]

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Article 32. Derived Authorisation [ Expired by 26-11-2011]

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Article 33. Parallel Admission [ Expired by 26-11-2011]

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Article 34. Provisional Authorisation [ Expired 26-11-2011]

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Article 35. Admission to the application by Our Minister [ Expestablished per 26-11-2011]

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Article 36. Mutual recognition of admission [ Expaed by 26-11-2011]

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§ 4. Derogations

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Article 37. Tests and experiments

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  • 1 On request, the college may waive the prohibitions referred to in the Articles 19 , 20, 1st Member , and 22, first and second members , in relation to the use of a plant protection product in a trial or experiment for research or development purposes as referred to in Article 54 of Regulation (EC) No 1107/2009.

  • 2 Our Minister may, upon request, recognize a company or institution where trials or experiments are carried out. At approved farms and institutions, the Articles 19 , 20, 1st Member , with regard to the provisions of Articles 28, first paragraph and 55 of Regulation (EC) No 1107/2009, and 22, first and second paragraphs, not applicable.

  • 3 Provisions and restrictions may be attached to a waiver or approval.

  • 4 The conditions for the grant of a derogation or approval, referred to in the first and second paragraphs of Article 54 of Regulation (EC) No 1107/2009, may be laid down in accordance with Article 54 of Regulation (EC) No 4.

  • 5 The procedure referred to in paragraph 4 may also provide that an application is to be considered first after the amount fixed has been met and that an investigation may be granted before an exemption or approval is granted; on the spot basis, the costs of which are to be borne by the beneficiary.


Article 38. Emergency situations

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  • 1 Our Minister may, of its own motion or upon application, exempt from the prohibitions referred to in the Articles 19 , 20 and 22 , for the use of a plant protection product in accordance with Article 53 of Regulation (EC) No 1107/2009.

  • 2 An exemption shall in any case be granted in order to implement a Community measure, which shall be directed at a hazard to be combated.

  • 3 Provisions and restrictions may be attached to an exemption.

  • 5 In the case of an arrangement by our Minister, it may be stipulated that an application is first granted after the amount fixed has been met. Rules on the procedure to be followed and the minimum conditions for exemption may also be laid down.


Article 39. Temporarily restrict or prohibit

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The College may, for the implementation of Article 71, first paragraph, of Regulation (EC) No 1107/2009, the placing on the market or use of an authorised plant protection product, including seed treated with a plant protection product, or a plant protection product, temporarily restrict or prohibit the active substance, safener, synergist or co-formulant, where there are clear indications that the plant protection product, the seed of a plant protection product or the substance is a is serious risk to human and animal health or to the environment.


§ 5 [ Drop by 26-11-2011]

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§ 6. Publication

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Article 40. Publication

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A decision to authorise or exempt a plant protection product and a temporary restriction or prohibition on the placing on the market or use of an authorised plant protection product shall be published in the Official Gazette and be communicated to the applicant.

Chapter 5. Biocidal products

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Article 41. Exclusive economic zone

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This Chapter and the provisions based thereon shall also apply to biocidal products and treated articles within the exclusive economic zone.


Article 42. Biocidal products definitions

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For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:

  • Offering on the market: the supply of a biocidal product or a treated article for distribution or use in the context of a trading activity, whether for payment or not, as referred to in point (i) of Article 3 of Regulation (EU) No 528/2012;

  • Admission: authorisation as referred to in point (o) of the first paragraph of Article 3 of Regulation (EU) No 528/2012.


Article 43. Infringements of the Regulation

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  • 1 It shall be prohibited to act contrary to Articles 17, first, fifth and sixth paragraph, of Article 27, first paragraph, of the first paragraph of Article 27, of the first paragraph of Article 47, of the first paragraph of Article 52, of the first paragraph of Article 62, of the first paragraph of Article 62, of the first paragraph, of the first paragraph, of the second paragraph, of the second paragraph of Article 69, of the first and second paragraphs of Article 69 Regulation (EU) No 528/2012 or the regulations adopted in accordance therewith.

  • 2 The first paragraph shall not apply where the action referred to in the first paragraph is authorised in accordance with Regulation (EU) No 528/2012.

  • 3 It is prohibited to have access to or stock of biocidal products without authorisation.

  • 4 It is prohibited to act in breach of an appropriate provisional measure, as provided for in Article 88 of Regulation (EU) No 528/2012.


Article 44. Grace period

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The Article 43 the said prohibitions do not apply in the period of grace referred to in Article 52 of Regulation (EU) No 528/2012.


Article 45. Detailed rules for placing on the market

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Under the arrangements of our Minister, rules may be laid down for the implementation of Regulation (EU) No 528/2012:

  • a. Exemptions from Regulation (EU) No 528/2012 as regards certain biocidal products because of defence interests referred to in Article 2, eighth paragraph, of Regulation (EU) No 528/2012;

  • b. The labelling of biocidal products referred to in point (b) of Article 69 (b) of Regulation (EU) No 528/2012.


Article 46. Deviations from the requirements

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  • 1 Our Minister may, of its own motion or on application for the application of Article 55 of Regulation (EU) No 528/2012, exempt from the prohibition provided for in Article 43, first paragraph , in order to act in breach of Article 17, first paragraph, of Regulation (EU) No 528/2012 and of the conditions of Article 19 of Regulation (EU) No 528/2012 of the European Parliament and of the Council on the granting of an authorisation for a biocidal product.

  • 3 The Secretary of State may provide that an application shall be considered first of all consideration after the amount fixed under that scheme is met in a manner to be determined in that way. The procedure of the Minister may also lay down rules on the procedure to be followed and the minimum conditions for exemption.


Article 47. Authorisation for the placing of biocidal products on the market under the simplified authorisation procedure

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The College shall be responsible for the implementation of Article 27 of Regulation (EU) No 528/2012.


Article 48. Temporarily restrict or prohibit

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The College shall be responsible for the implementation of Article 88 of Regulation (EU) No 528/2012.


Article 49. Publication

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A decision on admission or exemption from a biocidal product of Our Minister or of the College shall be published in the Official Gazette and communicated to the applicant and to the authorisation holder.


Article 50. Requirements [ Expired by 21-11-2013]

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Article 51. Applicability paragraphs 1 and 2 [ Expired per 21-11-2013]

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Article 52. Derived Authorisation [ Expired by 21-11-2013]

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Article 53. Parallel Admission [ Expired by 21-11-2013]

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Article 54. Provisional Authorisation [ Expired by 21-11-2013]

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Article 55. Admission to the application by Our Minister [ Expestablished by 21-11-2013]

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Article 56. Mutual recognition of admission [ Expestablished by 21-11-2013]

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Article 57. Applicable procedure [ Expired on 21-11-2013]

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Article 58. Terms and conditions [ Expired on 21-11-2013]

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Article 59. Request [ Expired by 21-11-2013]

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Article 60. Mutual Recognition Registration [ Expired by 21-11-2013]

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Article 61. Refusal of mutual recognition registration [ Expired by 21-11-2013]

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Article 62. The Framework Formulation [ Expired by 21-11-2013]

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Article 63. The basic substance [ Expelling per 21-11-2013]

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Article 64. Tests [ Vertraps by 21-11-2013]

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Article 65. Other danger not to be combated [ Expired by 21-11-2013]

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Article 66. Prolongation [ Expired by 21-11-2013]

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Article 67. Temporarily restrict or prohibit [ Expated by 21-11-2013]

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Article 68. Amendment of revocation [ Exporals by 21-11-2013]

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Article 69. Publication [ Expon per 21-11-2013]

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Article 70. Disclosure and confidentiality [ Expandes by 21-11-2013]

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Chapter 6. Trade and use

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§ 1. Professional competence, advertising and storage

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Article 71. Training and proof of competence

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  • 1 It shall be prohibited to receive, use or hold a plant protection product for professional use, without a valid proof of competence, subject to cases to be determined by the regulation of Our Minister.

  • 2 In the case of, or under general management, rules for the implementation of Article 5 of Directive 2009 /128/EC shall be:

    • a. the requirements and procedures for obtaining a certificate of competence;

    • (b) the period of validity of a certificate of competence;

    • (c) the requirements and procedures for the revocation of a certificate of competence referred to in Article 85; and

    • d. renewal of a certificate of competence.

  • 3 By arrangement of Our Minister, rules are set about:

    • (a) the bodies which are able to provide or withdraw a certificate of competence;

    • b. the rate charged for obtaining or once again obtaining proof of professional competence;

    • c. other requirements and procedures related to the implementation of Article 5 of Directive 2009 /128/EC.

  • 4 The first, second and third paragraphs shall apply mutatis mutandis to biocidal products, authorised for professional use, in cases to be determined by or pursuant to general management measures.


Article 72. Commendation

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  • 1 It shall be prohibited to recommend or to price a biocidal product that is not authorised.

  • 2 It is prohibited to recommend or to price the use of a biocidal product in violation of the rules applicable to such use.


Article 73. Distribution

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  • 1 A distributor shall not use a plant protection product for non-professional use only on the market for a customer who has a valid proof of competence for a plant protection product.

  • 2 A distributor shall ensure that he or sufficient of its personnel have evidence of professional competence and that he or that staff is available to customers at the time of sale, in connection with the information task, intended to be carried out in the the third member. This obligation does not apply to plant protection products which are authorised for non-professional use.

  • 3 A distributor or its staff shall provide information to customers on:

    • a. The appropriate use of a plant protection product;

    • b. the risks of that use for health and for the environment; and

    • c the applicable safety instructions for the plant protection product.

  • 4 By or under general management measure, rules may be laid down on the provision of general information by distributors or producers to non-professional users about the risks of the use of plant protection products or biocides for human or animal health or for the environment. The information obligation shall include at least exposure, safe storage, safe use and safe disposal of residues according to the applicable rules, as well as information on alternative control methods that pose less risk.

  • 5 The first, second and third paragraphs shall apply mutatis mutandis to a distributor of biocidal products in the cases to be determined by a general measure of management.


Article 74. Import, transport and export of unauthorised funds

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  • 1 The production, storage and transport of non-authorised biocides within the Netherlands shall be derogated from: Article 43 if it is possible to demonstrate that biocidal products are intended for use in another Member State of the European Union where biocidal products are authorised, or for use in a third country and not prohibited there, and are satisfied with: Regulations of Our Minister.

  • 2 The production, storage and transport of non-authorised plant protection products are by way of derogation from Article 20 if it is possible to demonstrate that the plant protection products are intended for use in another Member State of the European Union and the product concerned is authorised there, or for use in a third country, and is satisfied rules laid down by our Minister in connection with the possibility of verifying that the product in question is not used in the territory of the Netherlands or that it is actually being implemented.

  • 3 The provisions referred to in the first and second paragraphs shall apply to:

    • a. the documents by which it can be demonstrated that the plant protection product or the biocidal product is intended for another Member State or a third country;

    • Requirements relating to packaging, labelling, storage, transport and administration of the lot of plant protection products or biocides; and

    • c. other requirements to the extent necessary for the proper implementation of Article 28, second paragraph, parts c and d, of Regulation (EC) No 1107/2009.


Article 75. Placing further regulation on the market

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  • 1 In the case of, or under general management, detailed rules on, inter alia, the placing on the market or use of plant protection products or biocidal products may be laid down:

    • a. Recommending or planting of plant protection products or biocidal products;

    • b. The administration of biocidal products and plant protection products;

    • (c) the transport and storage of plant protection products or biocidal products;

    • d. the method of delivery of plant protection products or biocidal products.

  • 2 The nomination for a general measure of directors to be adopted under paragraph 1 shall not be made earlier than four weeks after the draft has been submitted to both Chambers of the States General.


§ 2.

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Article 76. Certificate of professional competence [ Verfall by 26-11-2011]

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Article 77

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The customer, intended in Article 73 , legitimizes at the request of the distributor or its personnel with a document as referred to in Article 1 of the Identification Light Act .


Article 78. Integrated plant protection and correct use of biocidal products

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  • 1 In the case of, or pursuant to general management measures, rules shall be made on the correct use of biocidal products or integrated pest management in accordance with Article 14 of Directive 2009 /128/EC and Article 55 of Regulation (EC) No 1107/2009.

  • 2 In the case of, or under general management, rules may be laid down on the manner in which the use of biocidal products is administered.


Article 79. Good practice

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Rules governing the implementation of good practice in the application of plant protection products or biocidal products may be laid down by or pursuant to general rules of management.


Article 80. Application methods and equipment

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  • 1 By or under general management measure, rules governing the production, placing on the market or use of vehicles, vessels, aircraft, equipment for the purposes of plant protection products or any other methods, techniques and materials, both in the open air and in confined spaces. Such rules may include a prohibition or restriction of use.

  • 2 In the case of or under general management measures, rules may be laid down pursuant to Article 8 of Directive 2009 /128/EC on an inspection of equipment for use in the application of plant protection products. Those rules shall include the frequency of inspection, the verification requirements, the inspection bodies, the rate to be charged for the verification and the possibility of exemption for types of equipment to be designated.

  • 3 The nomination for a general measure of management to be adopted under this Article shall not be more than four weeks after the draft has been submitted to both Chambers of the States General.


Article 80a. Protection of the environment and public health

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Rules on the use of plant protection products or biocidal products in specific areas as referred to in Article 12 of Directive 2009 /128/EC may be laid down or under general management measures. Those rules may include a prohibition or are aimed at reducing the use of all or a particular type of plant protection product or biocidal products in the areas designated in that measure.


Article 81. Authorisation to apply

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  • 1 In the case of or under general management measure, the application of a plant protection product or a biocidal product or a use as referred to in Article 80, first paragraph , only allowed after a waiver, permit or exemption by Our Minister or after the application or use mentioned has been made to Our Minister.

  • 2 Licences may be subject to rules.

  • 3 Licences may be granted under restrictions.

  • 4 The provisions of the second and third paragraphs shall apply mutatis mutandis to exemptions, exemptions or notifications referred to in paragraph 1.


Article 81a. National Action Plan

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  • 1 Our Ministers shall draw up a national action plan to implement Article 4 of Directive 2009 /128/EC.

  • 2 The plan shall be reviewed at least every five years.

Chapter 7. Monitoring and enforcement

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Title 1. General

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§ 1. Monitoring of compliance

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Article 82. Supervisors Designation

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  • 1 The supervision of compliance with the provisions of, or pursuant to, these laws or parts thereof shall be entrusted to the officials designated by the decision of Our Ministers.

  • 2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.

  • 3 Our Minister shall arrange for the division of tasks between the officials designated under the first paragraph.


Article 83. Rules on sampling

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Rules on the method of sampling, packaging and sealing of samples may be laid down by our Ministers.


Article 84. Residential accommodation

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A supervisor shall be empowered to enter a dwelling with the necessary equipment without the occupant's consent.


§ 2. Administrative enforcement

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Article 85. Withdrawal of certificate of competence or licence

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  • 1 A certificate of competence for the purpose of carrying out operations of plant protection products or biocidal products shall be withdrawn if the requirements which are no longer satisfied with regard to the acquisition or retention of plant protection products or of plant protection products are no longer fulfilled. is such proof of competence in compliance with or under this Law.

  • 2 A certificate of competence shall not be withdrawn earlier than after having been given a reasonable period of time to meet the requirements of the first paragraph.

  • 3 A certificate of competence may also be revoked if the person who has been awarded a certificate of competence or a person for whom the person is responsible or is deemed to be responsible has acted in contraa with rules laid down in or pursuant to this Law.

  • 4 In the case of a withdrawal referred to in paragraph 3, the governing body may provide that the person to whom the certificate of competence has been addressed during a period to be determined by that administrative body is not eligible for the same certificate of evidence of professional competence. competence.

  • 5 The first to fourth members shall apply mutatis mutandis in respect of a licence, exemption or approval granted under this Act.


Article 86. Administrative coercion

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Our Minister is empowered to impose a charge under administrative coercion to enforce the rules and regulations imposed by or pursuant to this Law. Article 5:20 of the General Administrative Law , in so far as the obligation to provide assistance to the following is concerned: Article 82 designated officials.


Article 87. Cessation of activities

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  • 1 The following Article 82 on the basis of their reasonable assessment of the existence of serious danger to persons, plants, animals or the environment, designated officials shall have the right to order either orally or at the time of a written record that:

    • a. The work to be carried out by them concerning plant protection products or biocidal products or in buildings, places or articles treated with those products are to be discontinued or not to be landed; and

    • b. No persons shall be allowed to reside in or on places to be indicated by them.

  • 2 An oral order shall be confirmed in writing as soon as possible to the person responsible for the designated work or for the course of action in or on the designated place.

  • 3 The person to whom an order referred to in paragraph 1 is addressed shall be obliged to notify the contents of that order to any person in charge of the order.

  • 4 When, in the opinion of the official who has given an order as referred to in paragraph 1, no serious danger is present, it shall revoke the order.

  • 5 The person who has given an order as referred to in paragraph 1 shall be empowered to take the necessary measures, including the imposition of a charge under administrative force, to provide the necessary instructions and, where appropriate, to give the assistance necessary. of the strong arm.

  • 6 Each person to whom it is concerned is obliged to behave in accordance with an order or designation given under this Article.


§ 3. Enforcement of civil law

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Article 88. Stories Damage

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  • 1 A public body may, subject to moderation by the court, cover the costs of the management, disposal or destruction of plant protection products or biocides in respect of which it has been infringed with regard to the application or pursuant to Article 4 (2) of the Regulation. this law determined, stories on the person by whose tort that expenses have been caused, or to the person who is otherwise liable for the consequences thereof by civil law under civil law.

  • 2 A public body may, in a case referred to in paragraph 1, in accordance with the rules concerning unjustified enrichment, recover the costs referred to there by the person who is responsible for the management of the plant protection products concerned or Biocides may be unwarranted.

  • 3 For the purposes of this Article, it is not required that at the time of action referred to in paragraph 1 with the plant protection products and biocidal products referred to in that paragraph it has already been unlawfully granted to the public authorities Act.


Title 2. Administrative fines

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§ 1. Jurisdiction

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Article 89. Conceptual provisions [ Expated by 01-07-2009]

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Article 90. Administrative penalty

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Our Minister may impose an administrative fine in the event of violation of certain conditions. Article 2a , 19 , 20 , 21 , 22 , 28 , 29 , 37, third member , 38, third member , 39 , 43 , 71 to 81 , 87, 6th paragraph , 115 or 118 .


Article 91. No penalty without debt [ Expated by 01-07-2009]

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Article 92. Ne bis in idem [ Expired on 01-07-2009]

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Article 93. Relation to criminal prosecution [ Expestablished by 01-07-2009]

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Article 94. Reconciliation with public ministry

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If the seriousness of the offence or the circumstances under which it is committed give rise to it, it shall be submitted to the Prosecutor's Office.


Article 95. Revocation of the power to impose administrative penalty (Expiring per 01-07-2009)

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§ 2. Height of administrative fine

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Article 96. Proportionality and proportionality [ Expandals by 01-07-2009]

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Article 97. Amount of administrative fine

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  • 1 In the case of, or under general management, rules shall be made on the level of the administrative penalty, which may be imposed at the highest for an infringement or for categories of offences.

  • 2 The administrative penalty to be determined on the basis of the first paragraph shall not exceed the amount fixed for the fifth category, which is to be determined by the Article 23 (4) of the Code of Criminal Law , by infringement committed by a natural person, and not more than the amount determined for the sixth category, referred to in Article 23 (4) of the Criminal Code, by a legal person or a company, or, if more, 10 per cent of the annual turnover in the financial year preceding the financial year in which the fine is imposed.


§ 3. The procedure

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Article 98. Penalty Report [ Expaed by 01-07-2009]

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Article 99. Right of access [ Expop by 01-07-2009]

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Article 100. Subject-wise offender [ Expaed by 01-07-2009]

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Article 101. Hush air [ expired on 01-07-2009]

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Article 102. Period Of Decision [ Expated by 01-07-2009]

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Article 103. Decision [ Vertraps per 01-07-2009]

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§ 4. Payment

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Article 104. Payment [ Expated by 01-07-2009]

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Article 105. Deferral of payment [ Expated by 01-07-2009]

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Article 106. Default [ Expired by 01-07-2009]

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Article 107. Notice of formal notice [ Expelling per 01-07-2009]

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Article 108

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In the absence of full payment within the Article 4:87 of the General Administrative Law the said period, our Minister may recover the administrative fine in the event of a warrant.


Article 109. No position on notice of formal notice and coercion [ Expired on 01-07-2009]

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Article 110. Order of enforcement of compulsory orders [ Expestablished by 01-07-2009]

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Chapter 8. Other provisions

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§ 1. General statement

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Article 111. Request for a general binding declaration

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  • 1 Our Minister may, on a reasoned request, make provision for a written agreement between those who perform acts of plant protection products or biocidal products in the exercise of profession or business. to the extent that these provisions relate to subjects as referred to in Chapter 6, Section 1 -From this law.

  • 2 A request for extension may be made only by those who, or the organizations of those who, as regards their number of participants and their combined turnover, shall, in the opinion of Our Minister, make a significant majority. forms of plant protection products or biocidal products of those who perform the operations in question.

  • 3 Our Minister may lay down rules on matters which must in any event be addressed in an agreement for which general binding declaration is requested, as well as in relation to the matters relating to a request, as referred to in the First member of the data to be submitted.


Article 112. Decision as a general rule

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  • 2 Our Minister may attach to the decision generalliaison rules in respect of reports to be submitted to him on the implementation and enforcement of the contraa.

  • 3 An extension decision shall apply to a period of not more than five years specified in the decision.


Article 113. Waiver

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  • 1 The Minister may grant exemption from a decision to that effect on a request for a decision, if the applicant is concerned with the conduct of the acts in question in such a way as to render it to the Commission in order to obtain a the judgment of our Minister is at least equivalent to the manner in which those acts are carried out in accordance with the general extension of the text.

  • 2 A waiver of an agreement which has been declared universally applicable may be subject to restrictions. Rules may be attached to the exemption.

  • 3 A derogation granted under the first paragraph may be amended or withdrawn at the time of its own motion or at a request for that purpose. Article 114, first paragraph , shall apply mutatis mutandis, except that it replaces the interest set out in subparagraph (b) of that paragraph: it no longer meets the requirement laid down in paragraph 1 of this Article.


Article 114. Repeal

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  • 1 Our Minister may withdraw a decision to extend the extension of the declaration if:

    • (a) the information provided in this connection is incorrect or incomplete;

    • (b) on the basis of a change in circumstances or insights after the decision has been taken, it must be assumed that the entry into force of the agreement is no longer justified;

    • (c) require a treaty of the Netherlands to be binding on the Netherlands or a decision of international law governing the Netherlands, or of rules implementing it, to that effect; or

    • Requests for such requests shall be made by those who have submitted the request.


Article 115. Compliance

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Each person shall be subject to compliance with a general agreement, which shall be binding upon him, vis-a-vis any other person who has a reasonable interest in respect of compliance with that agreement.


Article 116. Research by Our Minister

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  • 1 If one or more of those for whom an agreement has been declared universally applicable, consider that the presumption that one or more of the provisions of the agreement which have been declared binding cannot be complied with, may be regarded as being to call upon our Minister to carry out an inquiry into this matter.

  • 2 If a request as referred to in paragraph 1 has been filed, Our Minister may set up an inquiry. After the investigation has been completed, our Minister shall inform the person or persons who have requested the investigation of the results of the investigation.


§ 2. Implementation

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Article 117. Conceptual determination

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  • 1 In this section and the provisions based thereon, the following definitions shall apply:

    • a. EC Regulation: Regulation of the Council of the European Union or of the European Parliament and of the Council of the European Union jointly, wholly or partly based on Articles 12, 43, 114, 168, 169, or 192 of the Treaty on the functioning of the European Union or 37, 95, 152, 153 or 175 of the Treaty establishing the European Community and laying down rules concerning the placing of plant protection products on the market or of biocidal products or on the market the placing on the market of products treated with plant protection products or biocidal products, and related activities;

    • (b) EC Directive: Directive of the European Union or of the European Parliament and of the Council of the European Union, wholly or partly based on Articles 12, 43, 114, 168, 169 or 192 of the Treaty on the Functioning of the European Union; the European Union, or 37, 95, 152, 153, or 175 of the Treaty establishing the European Community, laying down rules concerning the placing of plant protection products or of biocidal products on the market or placing on the market of plant protection products or products, products treated with plant protection products or biocidal products, and related activities.

  • 2 For the purpose of applying this paragraph and the provisions based thereon, the definitions laid down in the EC Regulations shall apply. Where these conceptual provisions deviate from the Article 1 The rules laid down in this Act apply to the rules laid down in the EC Regulation.


Article 118. Legal basis for implementation

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  • 1 By ministerial rules, rules may be laid down for the proper implementation of EC regulations.

  • 2 In the case of, or under a general rule, rules may be laid down for the implementation of EC directives.

  • 3 By ministerial rules, rules may be laid down for the implementation of EC decisions.

  • 4 In the case of or under general management measure, rules may be laid down for the implementation of an agreement concerning the placing of plant protection products on the market or of biocidal products or the placing on the market of products containing by plant protection products or biocides treated as well as related activities between the European Community and a third country or an international organisation.

  • 5 The rules referred to in paragraphs 1 to 4 of the first to fourth paragraph shall apply to:

    • a. the procedures and time limits for placing plant protection products on the market or biocidal products;

    • b. Method of examination of plant protection products or biocides;

    • c. the method of evaluation of plant protection products or biocides;

    • d. packaging or labelling of plant protection products or biocidal products;

    • The effects associated with the effects on humans, animals, plants, or the environment of production of, trading in, storage of, or use of plant protection products or biocidal products;

    • f. the method of application of plant protection products or biocidal products;

    • (g) the granting, suspension and revocation of certificates, approvals, licences and certificates;

    • h. recognition of examinations or bodies;

    • (i) placing on the market products which have been treated with plant protection products or biocidal products.


§ 3. Occupations [ Expired per 01-01-2013]

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Article 119. Occupation [ Expired per 01-01-2013]

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§ 4. Powers of ministers

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Article 120. Powers of other ministers

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  • 1 A proposal for a general measure to be adopted pursuant to this Act may be made and a ministerial arrangement under this law can be established by Our Minister of Social Affairs and Employment, Our Minister for Employment and Social Affairs. Minister of Health, Welfare and Sport, or Our Minister of Transport and Water State, in agreement with our Minister, if interests of working conditions, public health, or water management are at stake.

  • 2 A ministerial arrangement under this law is determined in accordance with our Minister of Social Affairs and Employment, Our Minister of Health, Welfare and Sport, or Our Minister of Transport and Water State to the extent the interests of working conditions, public health, or water management.

Chapter 9. Provisions relating to Annexes I, IA or IB to Directive 98 /8/EC [ Expired per 21-11-2013]

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§ 1. General Provisions [ Expired by 21-11-2013]

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Article 121. Applications for decisions concerning biocidal products with existing active substances [ Vertraps by 21-11-2013]

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Article 121a. Assessment of the application [ Expated by 21-11-2013]

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§ 2. Provisions concerning not yet in Annexes I, IA or IB to Directive 98 /8/EC Active substances included [ Exchanges by 21-11-2013]

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Article 122. Renewal of decisions on admission [ Verfall by 21-11-2013]

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Article 123. Decisions on an urgent need for biocide [ Expired on 21-11-2013]

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Article 124. Decisions concerning biocidal products the active substances of which are listed in the fourth stage of the work programme or are intended for organic farming [ Expired on 21-11-2013]

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Article 125. Amendments to the amended composition of a biocidal product [ Verfall by 21-11-2013]

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Article 126. Decisions on simplified extension of biocidal products for biocidal products [ Vertraps, 21-11-2013]

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§ 3. Transitional provisions relating to the inclusion or non-inclusion of active substances in Directive 98 /8/EC [ Expired per 21-11-2013]

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Article 127. Decisions following a Community measure not to include [ Verfall by 21-11-2013]

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Article 128. Decisions following a Community measure to include [ Verfall by 21-11-2013]

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Chapter 10. Transitional and final provisions

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§ 1. Transitional provisions

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Article 129. Transitional duty authorisations, registrations, exemptions, exemptions and exceptions

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  • 1 Plant protection products or biocidal products authorised on the basis of the provisions of this Directive at the time of entry into force of this Act Pesticide law 1962 by decision of the College for the authorisation of pesticides, shall be deemed to have been authorised on the basis of the entry into force of this Act Article 28 Other Article 49 of this Law, subject to the rules laid down in the authorisation.

  • 2 Plant protection products and biocidal products authorised on 3 May 2007 on the basis of Article 25d of the Pesticide Law 1962 shall be deemed to have been authorised from that date on the basis of Article 122, first paragraph , of this Law, subject to the rules laid down in the authorisation. All authorisations granted pursuant to this paragraph shall expire on the date of entry into force of the first decision establishing a list of plant protection products, biocides, as referred to in Article 1 Article 122, first paragraph .

  • 3 Plant protection products or biocides, which are exempted from authorisation on or after 3 May 2007 or for which a derogation has been granted on the basis of Article 16aa of the Pesticide Law 1962 , shall be deemed to have been authorised from that date on the basis of Article 123, first paragraph , of this law, under the rules laid down in the exemption or waiver.

  • 4 Plant protection products or biocidal products, which are exempted from authorisation or for which a derogation has been granted on the basis of Article 16a of the Pesticide Law 1962 , are deemed to have been authorised on the basis of Article 38 of this Act for plant protection products, subspecies Article 65 of this Act for Biocidal Products, subject to the rules laid down in the exemption or exemption, and until the time limit set out in the exemption or waiver has expired.


Article 130. Register, applications, appeals and appeals [ Expandsof 21-11-2013]

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Article 130a. Transitional duty under the Regulation

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  • 1 The Wet Plant Protection Product and Biocidal Products Act and its related provisions, such as those provided for the entry into force of the Law of 24 March 2011 amending the Plant Protection Products and Biocidal Products Act in relation to the implementation of European legislation in the area of the placing on the market and the sustainable use of plant protection products (Stb. 235) shall, as appropriate, continue to apply in the cases referred to in Article 80, first paragraph, of Regulation (EC) No 1107/2009.

  • 2 On the foot of Article 8o, second paragraph, of Regulation (EC) No 1107/2009, it shall continue to apply to or under the Articles 25 and 27 Subject to the entry into force of the Act of 24 March 2011 amending the Wet Plant Protection Products and Biocidal Products in relation to the implementation of European legislation in the field of the protection of the environment the market and the sustainable use of plant protection products (Stb. 235).

  • 3 The Plant Protection Products and Biocidal Products Act and its related provisions, such as those provided for the entry into force of the Law of 24 March 2011 amending the Wet Plant Protection Products and Biocidal Products Act (Wet Plant Protection Products) of European legislation in the area of the placing on the market and the sustainable use of plant protection products (Stb. 235), shall continue to apply to applications for admission in the cases referred to in Article 80, fifth paragraph, of Regulation (EC) No 1107/2009, until such applications have been decided upon.


§ 2.

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Article 131. Change WED [ Expated per 26-11-2011]

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Article 132. Appendix Awb [ Exp. by 26-11-2011]

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Article 133. Amendment to the Management-Jurisprudence Act of the business organisation [ Expestablished per 26-11-2011]

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Article 134. Amendment Animal pharmaco-law [ Vertraps per 26-11-2011]

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Article 135. Amendment to Flora and Fauna Law [ Expandes per 26-11-2011]

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Article 136. Amendment of the Environment Environment [ Expired 26-11-2011]

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Article 137. Amendment to the Environmental Hazardous Substances Act [ Expaed by 26-11-2011]

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§ 3. Final provisions

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Article 138. Report on behalf of the Parliament

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Our Minister shall, within four years of the entry into force of this Law and thereafter every four years thereafter, send to the States-General a report on the effectiveness and effects of this law in practice, with a report on the effectiveness of the law. effectiveness and effectiveness of the functioning of the College.


Article 139. Repeal of the pesticides Act 1962 and amending laws [ Expandsof 26-11-2011]

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Article 140. Entry of

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The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.


Article 141. Citation Title

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This law is cited as: Wet plant protection products and biocides.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at Lech, 17 February 2007

Beatrix

The Minister of Agriculture, Nature and Food Quality,

G. Verburg

The Minister for Housing, Spatial Planning and the Environment,

J. M. Cramer

Issued on the tenth of April 2007

The Minister of Justice,

E. M. H. Hirsch Ballin


Contents

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PREAMBLE 1
CHAPTER 1. INITIAL PROVISIONS 1

Article 1 Definitions

1

Article 2 Communication of Community measures

4

CHAPTER 2. THE COLLEGE FOR THE AUTHORISATION OF PLANT PROTECTION PRODUCTS AND BIOCIDAL PRODUCTS 4

Article 3 College

4

Article 4 College of tasks

4

Article 5 Composition of the college

5

Article 6 Other functions

5

Article 7 Secretariat

5

Article 8 Rules of Procedure

5

Article 9 Staff Secretariat

6

Article 10 Tariffs

6

Article 11 Income

7

Article 12 Responsible

7

Article 13 Information provision

8

Article 14 Policy rules

8

Article 15 Publication

8

Article 16 Job neglecting scheme

8

Article 17 Data security

9

CHAPTER 3.  GENERAL PROHIBITIONS 9

Article 18 ZorgDuty

9

Article 19 Prohibition of placing on the market and holding of active substances

9

Article 20 Prohibition of plant protection products and biocidal products on the market

9

Article 21 Exceptions to prohibitions

9

Article 22 Prohibition of action contrary to the rules of use

9

CHAPTER 4. SPAIN 10
§ 1. General provisions 10

Article 23 Procedure

10

Article 24 The applicant

10

Article 25 The application

11

Article 26 Protests on vertebrates

11

Article 27 Data protection

11

§ 2. The authorisation procedure 12

Article 28 Admission conditions

12

Article 29 Requirements

13

§ 3. Special forms of authorisation 14

Article 30 Applicability paragraphs 1 and 2

14

Article 31 Simplified expansion-seat rating

14

Article 32 Escorted authorisation

15

Article 33 Parallel authorisation

15

Article 34 Provisional authorisation

15

Article 35 Admission to the application by our Minister

16

Article 36 Mutual recognition of authorisation

16

§ 4. Exemption 17

Article 37 Prove

17

Article 38 Threat plant production

17

§ 5. Change of decisions and obligation to provide information 18

Article 39 Extension

18

Article 40 Temporary restrictions or bans

18

Article 41 Amendment or withdrawal

18

§ 6. Publication and disclosure 19

Article 42 Publication

19

Article 43 Disclosure and confidentiality

20

CHAPTER 5. BIOCIDAL Products 21
§ 1. General provisions 21

Article 44 Procedure

21

Article 45 The application

21

Article 46 Protests on vertebrates

21

Article 47 Data protection

22

§ 2 The authorisation procedure 23

Article 48 Biocides not assessed according to an authorisation procedure

23

Article 49 Admission conditions

23

Article 50 Requirements

24

§ 3. Special forms of authorisation 25

Article 51 Applicability paragraphs 1 and 2

25

Article 52 Escorted authorisation

25

Article 53 Parallel authorisation

25

Article 54 Provisional authorisation

25

Rule 55 Admission to the application by our Minister

26

Article 56 Mutual recognition of authorisation

26

§ 4. The registration procedure 27

Article 57 Applicable procedure

27

Article 58 Conditions

27

Article 59 Application

27

Article 60 Mutual recognition registration

28

Article 61 Refusal of mutual recognition

28

§ 5 The framework formulation and the basic substance 28

Article 62 The framework formulation

28

Article 63 The basic substance

28

§ 6. Exemption 29

Article 64 Prove

29

Article 65 Other danger not to be combated

29

§ 7. Change of decisions and obligation to provide information 30

Article 66 Extension

30

Article 67 Temporarily restricting or prohibiting

30

Article 68 Amendment or withdrawal

30

§ 8. Publication and disclosure 31

Article 69 Publication

31

Article 70 Disclosure and confidentiality

31

CHAPTER 6. TRADE AND USE 32
§ 1. Trade and storage 32

Article 71 Proof of professional competence

32

Article 72 Price reading

33

Article 73 Placing the market on the market for skilled users

33

Article 74 Importation and transit

33

Article 75 Detailed rules on the market

34

§ 2. 34

Article 76 Proof of competence

34

Article 77 Legitimation

35

Article 78 Integrated control and proper use

35

Article 79 Good practice

35

Article 80 Application methods, techniques and materials

35

Article 81 Permit to apply

35

CHAPTER 7. MONITORING AND ENFORCEMENT 36
Title 1. General 36
§ 1. Monitoring of compliance 36

Article 82 Appointing supervisors

36

Article 83 Rules on sampling

36

Article 84 Residential grounds

36

§ 2. Administrative enforcement 36

Article 85 Withdrawal certificate of competence or licence

36

Article 86 Administrative Constraint

36

Article 87 Silence of activities

37

§ 3. Enforcement of civil law 37

Article 88 Loss of damage

37

Title 2. Administrative fines 37
§ 1. Jurisdiction 37

Article 89 Definition of provisions

37

Article 90 Jurisdiction to impose an administrative fine

38

Article 91 No penalty without guilt

38

Article 92 Ne bis in idem

38

Article 93 Detention of criminal proceedings

38

Rule 94 Reconciliation with public prosecutor

38

Article 95 Discharge of the power to impose an administrative fine

39

§ 2. Height of administrative fine 39

Article 96 Proportionality and proportionality

39

Article 97 Boetemaxima

39

§ 3. The procedure 39

Article 98 Boeterreport

39

Article 99 Right of access

40

Article 100-Method of Ziensing

40

Article 101 Seed Agreement

40

Article 102 Time-limit

40

Article 103 Decision

41

§ 4. Payment 41

Article 104 Payment

41

Article 105 Defer of payment

41

Article 106 Failure to act

41

Article 107 Of The Maning

41

Article 108 Inaction for the enforcement of a compulsory order

42

Article 109 No statement of formal notice of formal notice and of compulsory order

42

Article 110 Publication of a compulsory order

42

CHAPTER 8. OTHER PROVISIONS 43
§ 1. General statement

43

Article 111 Request for a general binding declaration

43

Article 112 Decision as a general rule

43

Article 113 Exemption

43

Article 114 Repeal

44

Article 115 Compliance

44

Rule 116 Examination by Our Minister

44

§ 2. Implementation 44

Article 117 Definition

44

Article 118 Legal basis for implementation

45

§ 3. Occupations 45

Article 119 Action

45

§ 4. Powers of ministers 45

Rule 120 Powers of other ministers

45

CHAPTER 9. PROVISIONS RELATING TO ANNEX I TO DIRECTIVE 91 /414/EEC AND ANNEX I TO I, IA OR IB TO DIRECTIVE 98 /8/EC 46
§ 1. General provisions 46

Article 121 Applications for decisions relating to substances with existing active substances

46

§ 2. Provisions concerning active substances not yet listed in Annex I to Directive 91 /414/EEC and Annexes I, IA or IB to Directive 98 /8/EC 47

Article 122 Decisions on the application of the law

47

Article 123 Acts relating to an urgently required plant protection product or biocide

47

Article 124 Acts concerning plant protection products or biocidal products the active substances of which are listed in the fourth stage of the work programme or are intended for organic farming

47

Article 125 Decisions concerning the modified composition of a plant protection product or biocide

48

Article 126 Decisions on simplified extention of biocidal products

48

§ 3. Transitional provisions relating to the inclusion or non-inclusion of active substances of Directive 91 /414/EEC and Directive 98 /8/EC 49

Article 127 Decisions on the non-inclusion of a Community measure

49

Article 128 Decisions following a Community measure

49

CHAPTER 10. TRANSITIONAL AND FINAL PROVISIONS 50
§ 1. Transitional provisions 50

Article 129 Transitional duty authorisations, registrations, exemptions, exemptions and exceptions

50

Article 130 Transitional law register, applications, appeals and appeals

50

§ 2. 51

Article 131 Amendment of the WED

51

Article 132 Amendment Of Annex Awb

52

Article 133 Amendment to the regulatory jurisdiction of the business organisation

52

Article 134 Modification of animal medicines law

52

Article 135 Modification of Flora and Fauna Law

52

Article 136 Amendment to the Environment

52

Article 137 Amendment of the Environmental Hazardous Substances Act

52

§ 3. Final provisions 52

Article 138 Parliament report on behalf of the European Parliament

52

Article 139 Repeal Of Pesticide Law 1962 and amending laws

53

Article 140 Entry into force

53

Article 141 Title Title

53