Key Benefits:
Decision of 5 September 2007 laying down detailed rules concerning plant protection products and biocidal products (Decision plant protection products and biocidal products)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Agriculture, Nature and Food Quality and the Minister for Housing, Spatial Planning and Environmental Management, of 16 April 2007, no. Trcjz/2007/1198, Legal Affairs Committee, done in accordance with our Minister for Health, Welfare and Sport, the Minister for Social Affairs and Employment and the Minister for Transport and Water,
Having regard to Articles 3, third paragraph, 4, first to fourth paragraph, 10, 13, first and second paragraphs, 16, first and third to fifth members, of Directive No 17; 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),
Article 3, third paragraph, point (ii), fifth paragraph and seventh paragraph, (4), first and second paragraphs, 5, first and second paragraphs, 8, first to fifth paragraphs, and seventh to ninth paragraph, 20, of Directive No 17; 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),
Annex V of Directive No 3 67 /548/EEC of the Council of the European Communities of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (PbEG L 196),
Directive 86 /609/EEC of the Council of the European Communities of 24 November 1986 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the protection of animals used for experimental and Other scientific uses are used (PbEG L 358),
Directive No -2004 /10/EC of the European Parliament and of the Council of the European Union of 11 February 2004 on the approximation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the monitoring of their application for tests on chemical substances (codified version) (PbEU L 50),
Directive 2000 /60/EC of the European Parliament and of the Council of the European Union of 23 October 2000 establishing a framework for Community action in the field of water policy (PbEG 327),
Regulation No 396 /2005/EC of the European Parliament and of the Council of the European Union of 23 February 2005 on the fixing of maximum levels and of pesticide residues in or on food and feed of plant and animal origin and amending Council Directive 91 /414/EC (PbEG L 70),
Article 44, first paragraph, of the Constitution with regard to Article 74 of this Decision,
The Articles 4, first paragraph, part e , 23, second and third members , 25, 1st Member , 28, second and third members , 29, third member , 36, third member , 44, second and third members , 49, second member , 50, third member , 56, third member , 71, third member , 74, second paragraph , 75 , 76, third member , 78 to 81, first member , 108, third member , 123, 1st Member , 124, first paragraph, of the Plant Protection Products Act and Biocidal Products ,
Article 24, first paragraph and second paragraph (b) of the Environmental Hazardous Substances Act ,
Articles 1 (i) , and 7, of the General Law on recognition of EC vocational training , and
Article 16, first and seventh paragraph, of the Working Conditions Act ;
The Council of State heard (opinion of 12 July 2007, no. W11.07.0110/IV);
Having regard to the further report of Our Minister of Agriculture, Nature and Food Quality of August 29, 2007, no. Trcjz/2007/2853, Directorate-General for Legal Affairs, released on behalf of the Minister for Housing, Regional Planning and the Environment, and in agreement with our Minister for Health, Welfare and Sport, the Minister for Social Affairs and Employment and the Secretary of State for Transport and Water,
Have found good and understand:
For the purposes of this Decision and its provisions, the following definitions shall apply:
Regulation No 396 /2005/EC: Regulation No The European Parliament and the Council of the European Union of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and containing amendment of Council Directive 91 /414/EC (PbEU L 70);
(c) Directive 67 /548/EEC: Directive No 67 /548/EEC of the Council of the European Communities of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (PbEG L 196);
Directive 2000 /60/EC: Directive No 2000 /60/EC of the European Parliament and of the Council of the European Union of 23 October 2000 establishing a framework for Community action in the field of water policy (PbEG L 327);
(e) Directive 2004 /10/EC: Directive No -2004 /10/EC of the European Parliament and of the Council of the European Union of 11 February 2004 on the approximation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the monitoring of their application for tests on chemical substances (codified version) (PbEU L 50);
f. Soil: soil as intended Article 1 of the Land Protection Act ;
g. Gas-forming condition: a condition of a plant protection product or a biocidal product in which the product or the biocidal product obtains its operation after gas formation;
h. Maximum residue level (MRL): the maximum level of concentration authorised by law of a residue of plant protection products or biocidal products in or on a food or feed based on good agricultural practice and the lowest exposure of consumers that are necessary for the protection of vulnerable consumers;
Directive 1999 /45/EC: Directive No 1999 /45/EC of the European Parliament and of the Council of the European Union of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of goods and products dangerous preparations (PbEC 1999, L 200);
j. Implementing Regulation (EU) 545/2011: Regulation (EU) No Commission Regulation (EC) No 545/2011 of 10 June 2011 on the implementation of Regulation (EC) No 172/2011. In the case of data requirements for plant protection products (PbEU 2011, L 155), the European Parliament and the Council
k. Implementing Regulation (EU) 546/2011: Regulation (EU) No Commission Regulation (EC) No 546/2011 of 10 June 2011 on the implementation of Regulation (EC) No 172/2011 In the European Parliament and the Council, 1107/2009 are as regards uniform principles for the evaluation and authorisation of plant protection products (PbEU 2011, L 155);
l. hardened surface area: surface hardened by conversions, paving, and other harbors applied to the soil for improvement of support plane and comprehensibility;
m. unpaved surface: surface not being paved surface.
This Decision shall be based on: Article 9.2.2.1, first and second paragraph, point (b) of the Environment .
The College shall be responsible for:
a. the work entrusted to the Netherlands, referred to in Articles 6 to 9 of Chapter II of Regulation 396 /2005/EC and the making of proposals for the determination of the maximum permissible residue level (MRL) by Our Minister for the Public Health, Welfare and Sport and our Minister for Economic Affairs, in so far as these are not established at Community level;
To establish the maximum risk level of plant protection products for soil or aquatic organisms at the request of the holder of an authorisation, as referred to in Article 3 (24) of Regulation (EC) No 1107/2009 or at the request of Our Minister of Infrastructure and the Environment, if this level of risk has not already been established by the College in the course of an authorisation;
(c) to adopt or amend the rules on which a label lays down the rules laid down by or pursuant to this Decision for the use of plant protection products or biocidal products.
The College does not authorise non-professional use of a plant protection product classified as toxic, highly toxic, carcinogenic, mutagenic or toxic to reproduction in accordance with Directive 1999 /45/EC.
1 In the context of the assessment of plant protection products referred to in Article 36 (1) of Regulation (EC) No 1107/2009, the College shall apply only the following: Articles 8b to 8g and the in Annex 1 assessment methods referred to, to the extent that a European guideline adopted in accordance with the procedure laid down in Article 77 of that Regulation does not contain an assessment method on the same subject.
2 Our Minister for Economic Affairs shall make a statement in the Official Journal of the European Communities for the adoption or amendment of a method of assessment set out in a European guideline as referred to in paragraph 1.
1 The college estimates the quantitative exposure to the plant protection product referred to in Implementing Regulation (EU) 545/2011, Annex, part A, point 7.2.1.1, without taking into account the effect of personal protection measures and with Use of the following models for exposure situations:
a. For mixing and filling equipment for the application of plant protection products with a:
1 °. Non-fixed plant protection product for tractor applications: model EUROPOOEM I, intended in Annex 1 Point 1;
2 °. non-solid means by manual application: model EUROPOOEM I, intended to be used in Annex 1 1, for skin exposure and NL model, referred to in Annex 1 (4), (5) and (7), for inhalatory exposure;
3 °. powdered powder: EN-model specified in Annex 1 Under 4, 5 and 7;
4 °. granular-shaped means: EN-model, intended in Annex 1 in the medium of 4, 5 and 7, taking into account the powder fraction in the product;
b. for the use of the plant protection product:
1 °. outside or downwards, with large spray equipment; model EUROPOOEM I, intended for use in Annex 1 Point 1;
2 °. off-down with handheld devices: model UK POEM, intended in Annex 1 Point 9;
3 °. Outside with hand-held equipment: the 90 percentile value according to the German exposure model, intended in Annex 1 Under 6;
4 °. inside with handheld equipment: NL-cash model, intended in Annex 1 Under 4, 5 and 7;
5 °. with aerosol cans: The ConsExpo, intended to be used in Annex 1 Point 8;
(c) for those carrying out activities in areas treated with plant protection products or carrying out work with or on crops treated with means: model EUROPE OEM II, intended to be used in Annex 1 Under 2, for dermal exposure;
d. for those carrying out work in areas treated with resources or performing in-space activities with or on crops treated with resources: NL model for inhalatory exposure, intended to be used in Annex 1 Points 5 and 7;
e. for those (adults and children), who recreates or sports on grass fields treated with plant protection products: the model intended in Annex 1 -, under 10.
2 The College shall assess the proposed protective clothing and equipment according to the uniform principles referred to in Implementing Regulation (EU) No 546/2011, Annex, Part I, Part B, Evaluation, point 2.4.1.3. protection factors for such clothing and equipment according to the table, referred to in Annex 2 .
The college estimates the quantitative exposure to the plant protection product for the application of a means intended for non-professional use referred to in Implementing Regulation (EU) 545/2011, Annex, Part A, point 7.2.1.1, without taking into account with the effect of personal protective measures. The college used for the estimation of exposure one of the methods referred to in Article 8b .
The college estimates the quantitative exposure to the bystander plant protection product referred to in Implementing Regulation (EU) 545/2011, Annex, part A, point 7.2.1.1, without taking into account the impact of personal data on the product. protective measures. The college used for the estimation of exposure the model EUROPOOEM II, intended to be used in Annex 1 3.
The College, when applying the uniform principle referred to in Implementing Regulation (EU) No 546/2011, Annex, Part I, Section C Decision-making, paragraph 2.5.1.2, considers that a plant protection product does not have an unacceptable effect on the the environment, as referred to in Article 4 (c) of Regulation (EC) No 1107/2009, where it is demonstrated in the application of this principle that:
a. The concentration of an active substance, a relevant reaction product or a relevant degradation product in the groundwater is equal to or less than 0,1 μg/litre when applying one of the following methods of assessment of the substance protection product:
1 °. a calculation using the model PEARL for the FOCUS Kremsmünster scenario, intended in Annex 1 12.
2 °. a calculation with the model GeoPEARL, specified in Annex 1 12.
3 °. a test for measurements of concentrations in upper groundwater,
4 °. a calculation for the saturated zone determined in accordance with a calculation procedure based on a set of degradation according to the first order kinetics after 4 years at 10 metres in depth,
5 °. a test for measurements of concentrations in the deeper groundwater at a minimum of 10 metres below the ground level; or
b. when using a plant protection product in a groundwater protection zone, the maximum permissible concentration of an active substance, a relevant reaction product or a relevant degradation product of 0,01 μg/litre based on a calculation or Non-compliance with the control referred to in paragraph 1 (a) (1) to (3) unless further information is demonstrated by means of a calculation or review referred to in subparagraphs (a) (3), (4) or (5), that in soil water conservation areas, the the value of 0,1 μg/litre is not exceeded.
In the risk assessment for aquatic organisms, birds, mammals, non-target white arthropods, non-target and non-target white or surface water intended for the preparation of drinking water, the college shall use specific three-way figures. The college sets these figures and makes them known on its website.
The College shall assess in the application of the uniform principle referred to in Implementing Regulation (EU) 546/2011, Part I, Section C Decision-making, Section 2.5.1.3, on the basis of the assessment methods referred to in Article 2 of the Treaty. Annex 1 14 and 15.
The College shall assess an application for the absence of established assessment methods on the basis of the uniform principles for the evaluation and authorisation of plant protection products referred to in Article 29 (6) of Regulation (EC) In so far as this is reasonably possible in its judgment of scientific understanding.
1 The College may, on admission, include a requirement that the plant protection product be applied only after a notification to our Minister for Economic Affairs.
2 The College shall, in its decision on rules as set out in Article 29, third paragraph, of the Act , taking into account, inter alia:
a. the results of the risk assessment, in particular the relationship between exposure and effect;
b. the nature and severity of the effect;
c. risk management that can be applied;
d. the area of application of the plant protection product;
e. the efficacy of the plant protection product;
f. the physical properties of the plant protection product;
g. the compliance with the compliance with the requirement;
h. the enforceability of the requirement; and
i. the suitability for non-professional users.
3 Our Minister may lay down rules governing the manner in which the College gives effect to the first and second paragraphs, and to the manner in which the College provides for the implementation of integrated plant protection rules in the authorisation of crop protection practices or the use of vehicles, tools, methods, techniques and materials.
4 The college proposes to apply for each authorisation for non-professional use rules as intended Article 29, first paragraph, points (b) and (c) of the Act . These rules apply to ready-to-use formulations and apply limitations to the size of the packaging.
1 Biocidal Products shall not be used in the production and distribution of potable water.
2 By way of derogation from the first paragraph, biocidal products may be used in the production and distribution, if the conditions laid down by our Minister's arrangements, including the possibility of a notification to our Minister of Infrastructure, are satisfied. and Environment.
1 A certificate of competence as referred to in Article 71, second paragraph, part a, of the Act , concerning plant protection products, may be granted to the person who:
(a) a training which has been designated by our Minister;
(b) has passed an examination by means of a regulation of our Minister; or
(c) has followed an instruction which has assessed the body designated by the regulation of our Minister that it provides sufficient knowledge of the subjects listed in Annex I to Directive 2009 /128/EC, having regard to the tasks and tasks of the responsibilities of that person.
2 By arrangement of Our Minister, rules are set about the required level of knowledge for the subjects listed in Annex I to Directive 2009 /128/EC, distinguishing between and, where appropriate, within the groups of the Distributors of plant protection products, forlighters and professional users of plant protection products.
3 The certificate of competence shall state the full name, address, place of residence and date of birth of the person concerned, and may list items of which knowledge has been acquired and at what level.
4 The gelding of the certificate of competence acquired under paragraph 1 (c) shall not entil the possession or possession of plant protection products for professional use.
5 The rules of our Minister may lay down detailed rules on the application of the certificate of competence, which may limit the payment to certain plant protection products, certain uses or certain premises or sites.
1 A certificate of competence regarding biocidal products as intended for Article 71, second and fourth paragraph, of the Act shall be provided to the person who fulfils the conditions to be laid down by our Minister for the following conditions:
a. The distribution of gaseous and gaseous forms of biocidal products;
b. The control of moles and woe rats,
(c) repelling or combating an animal pest,
d. Fighting a wooded fungus, or
(e) the application of gaseous and gas-forming biocidal products, with the exception of the control of moles and domestic rats as referred to in subparagraph (b).
2 The trader of a holding or principal responsible for an institution shall be exempt from a certificate of competence for acts relating to biocidal products:
a. Those not mentioned in the first paragraph; or
b. Those referred to in the first paragraph and which are carried out by:
1 °. a company-in-service and having a certificate of competence as referred to in paragraph 1 shall be provided by a manager, or
2. a holding which applies to the economic operator a biocidal product and whose person distributes the biocidal product to customers or applies it shall have a certificate of competence provided for that purpose in the first paragraph.
3 Article 71, first, second and third paragraphs, of the Act , mutatis mutandis, shall apply to cases referred to in the first paragraph.
4 The certificate of competence shall state the full name, address, place of residence and date of birth of the person concerned, and may list items of which knowledge has been acquired and at what level.
5 By arrangement of Our Minister, rules or detailed rules may be put in place regarding the subjects, mentioned in the Articles 71, second paragraph, of the Act .
1 A certificate of competency shall be provided for a period of five years from the time when the training is completed, the examination has been made, or the instruction is obtained, according to Article 17, first paragraph , or subject to the conditions set out in Article 17a, first paragraph , it is fulfilled.
2 The validity of a certificate of competence shall be extended, after the expiry of the period referred to in paragraph 1, under conditions to be determined by our Minister under ministerial rules.
3 The renewal of a certificate of competence as referred to in Article 17, first paragraph , and 17a, 1st Member , it shall be refused if the conditions for training to be laid down by our Minister are not fulfilled.
4 Our Minister for Economic Affairs, Deputy Minister for Infrastructure and the Environment, may present a certificate of competence for plant protection, for example, of biocides, in a case such as: Article 85, first or third paragraph, of the Act , temporarily or permanently withdraw. Our Minister's arrangement shall lay down rules on the cases and the extent to which it may be withdrawn.
5 Our Minister, by ministerial arrangement, establishes when, and in what way after revocation, proof of competence can be obtained again.
1 Our Minister for Economic Affairs, or our Minister of Infrastructure and the Environment, may provide proof of competence for plant protection, for the purposes of biocides, to a person who is a national of a Member State. Intended in Article 1 of the General Law on Recognition of Professional Qualifications when on the basis of Article 6 of the General Law on Recognition of Professional Qualifications has been shown to have equivalent qualifications as the holder of a certificate of competence obtained on the basis of Article 17, first paragraph , or 17a, 1st Member .
2 Our Minister for Economic Affairs, Deputy Minister of Infrastructure and the Environment, may provide a certificate of competence for plant protection, or biocides, to a person with a certificate not available. older than five years of a foreign education recognised by Our Minister outside a Member State as referred to in the first paragraph, if by experience or training that person is still on an equivalent basis after the certificate has been obtained has a qualification as the holder of a certificate of competence obtained on land of Article 17, first paragraph , or 17a, 1st Member .
3 The holder of a certificate of competence shall have the Dutch language at a level such that rules on labels of plant protection products and biocidal products and other products for the application of plant protection products and biocides in or on the application of plant protection products are included in are applicable regulations and can be implemented by virtue of the law.
1 Any person who distributes, supplies or delivers business biocides shall keep records of them.
2 The records referred to in paragraph 1 shall contain at least the following information:
a. The name, as marked on the package, and the entry number,
(b) the number of packages per receipt or delivery and the volume or mass of units indicated on the packaging;
c. the total quantity of stock and the changes of the stock,
d. the date of receipt, delivery or change as referred to in points b and c; and
e. the name, address and place of residence of the supplier or the customer of the biocidal product.
3 The administration shall cover a period of the last five years. The administration is made available in an accessible manner, available in a simple manner and present at the company.
4 Our Minister may exempt categories of biocides from the commandment provided for in paragraph 1.
5 By arrangement of Our Minister, additional administrative regulations may be made for producers, distributors, importers and users of biocidal products.
1 Any such biocidal product, which is not considered suitable for non-professional use, has or applies to users, shall keep an administration.
2 The records referred to in paragraph 1 shall include at least the following information:
a. The name, as marked on the package, and the entry number,
b. The quantities of biocidal products received or applied,
c. the resources available on 1 January of any calendar year,
d. the date of receipt or application as referred to in subparagraph (b); and
e. the name, address and place of residence of the supplier or user of the biocidal product.
3 The administration shall cover a period of the last five years.
4 Our Minister may exempt categories of resources from the commandment provided for in paragraph 1.
5 Our Minister may lay down additional administrative rules under ministerial arrangements.
In order to implement the obligations laid down in Article 67 of Regulation (EC) No 1107/2009, rules or detailed rules for the registration of production, imports, exports and on the basis of the obligations laid down by Article 67 of Regulation (EC) No 768/2 of the EC Treaty may be adopted by the Minister of the European Communities. the market, storage or use of plant protection products.
Our Minister's arrangement lays down rules for the implementation of: Article 73, fourth paragraph, of the Act .
A distributor placing biocidal products on the market shall ensure that biocidal products are supplied exclusively to the users or their personnel specified in the authorisation in the manner of delivery of biocidal products.
1 Any person who, for the purpose of use in any given year, holds or has stock, or intends to use plant protection products, or to use his or her responsibility for plant protection products, shall keep during the growing season a plant protection monitor focusing attention on the aspects mentioned in Annex 3 . The monitor is completed within two months of a cultivation.
2 The plant protection monitor shall state how, during the treatment of starting material, during growing, in the treatment of harvested plants or other plant material, including when applied on hardened surfaces, it is stated and implementation has been given to the principles of good plant protection practice and integrated crop protection as set out in Annex III to Directive 2009 /128/EC.
3 Our Minister may, at the request of an appellate body, adopt a guide to good plant protection practice by policy rule.
4 A guide to good plant protection practice as a guide to the proper implementation of integrated pest management may include, among other things, the establishment of a plant protection monitor and trade-related practices for cultivation.
5 Our Minister may, by means of ministerial regulations, lay down cultivation rules which are complied with in the preparation of a plant protection monitor.
6 The first paragraph shall not apply to the person who:
a. Only applies a plant protection product for non-professional use,
(b) applies a plant protection product under the responsibility or by order of a third party; or
c. cultivation exclusively for less than 2 hectares of maize or grass.
7
Under the ministerial arrangement of our Minister, it may be determined that the first paragraph does not apply to a category of users, if a quality management system or other regulations are already in similar way in the application of Integrated plant protection provides.
8 By arrangement of Our Minister, rules or detailed rules may be set about integrated crop protection by professional users.
1 The plant protection monitor is available in an accessible way, available in a simple manner and present on the user's premises.
2 Our Minister may lay down a standard form for a plant protection monitor referred to in paragraph 1.
3 Our Minister may lay down rules on the use of the standard form referred to in the second paragraph.
4 Our Minister makes the standard form referred to in the second paragraph, known in the Official Gazette.
A plant protection product containing a priority hazardous substance as referred to in Article 16 (3) of Directive 2000 /60/EC shall not be used in the vicinity of surface water or in areas designated under the control of the product concerned. Article 1.2, second paragraph, part a, of the Environment .
1 It is not a professional user who is allowed to apply plant protection products on a paved surface.
2 The first paragraph shall not apply to areas or circumstances which may be established by ministerial arrangement in so far as it concerns an application of a plant protection product:
a. which is necessary for the safe operation of business activities or facilities;
b. which is necessary for the protection of human or animal health or the environment; or
c. in specific fields for recreational purposes or for sport which, by reason of their nature or size, cannot reasonably be maintained in any other way.
3 Under ministerial arrangements, conditions may be laid down for the application of plant protection products in the areas and circumstances referred to in the second paragraph.
4 The first paragraph shall not apply to agricultural and horticultural establishments growing crops or cultivating crops.
Where a plant protection product is used for which a re-entry waiting period is specified in the authorisation for use of the product, a professional user shall ensure that other persons on the holding know of that waiting period. and for which areas of the holding that are subject to the waiting period.
Our Minister may lay down rules on the proper use of biocidal products under ministerial regulations.
1 It shall be prohibited to apply a plant protection product using an aircraft, except that our Minister may exempt from this prohibition in relation to a plant production threat as referred to in Article 3 (1) of the EC Treaty. Article 38, first paragraph, of the Act . Article 38, second to fifth paragraph, of the Act, shall apply mutatis mutandis.
2 It is prohibited to apply a biocidal product by means of an aircraft, except that our Minister may exempt from this prohibition in relation to any other danger which is not to be combated as intended by Article 46, first paragraph, of the Act .
3 Our Minister may lay down rules by ministerial rules on how and the conditions under which a plant protection product or a biocidal product is applied by using an aircraft.
1 The person who applies a plant protection product or a biocidal product in a gaseous or gaseous state to a restricted area shall ensure that:
(a) the inaction and distribution of the plant protection product or the biocidal product outside the space or ground in which this treatment is carried out shall be prevented as much as possible;
b. All accesses are provided with a warning signal specified by Our Minister and a model drawn up by Our Minister for the nature and danger of the plant protection product or the biocidal product;
c. The space is inaccessible to unauthorised persons;
After the safety period included in the use requirement of the plant protection product or biocidal product used, the presence or concentration of the plant protection product used or the applied biocidal product shall be measured by an appropriate period of time. suitable instrument;
e. The warning signal and the marking, referred to in subparagraph (b), shall be removed after the measurement, referred to in subparagraph (d), if possible, depending on the result of the measurement.
2 Our Minister may propose, by means of ministerial arrangements, for gaseous and gas-forming plant protection products or biocidal products to be subject to detailed rules and exemption from the obligations laid down in paragraph 1, under the conditions laid down in the exemption terms and restrictions.
1 The person who applies a plant protection product or a biocide in a gaseous or gaseous state other than for the purpose of fighting moles or woe rats outside a restricted area shall report the intention to apply to our Minister of State. Infrastructure and Environment.
2 The first paragraph shall not apply where a special installation is used for which, according to the Environmental Environment Act a licence has been issued for the exclusive use of gaseous and gas-forming plant protection products or biocidal products.
3 A person who applies a plant protection product or a biocide in a gaseous or gaseous state other than for the control of moles or woe rats outside a restricted area, shall make a declaration of gas for the principal after the treatment.
4 Our Minister proposes rules on the following:
the manner in which a notification as referred to in paragraph 1 is made, and the period within which a notification is made or withdrawn;
(b) The period of validity of the notification.
5 Our Minister may propose, by means of ministerial arrangements, for gaseous and gas-forming plant protection products or biocidal products to be subject to detailed rules and exemption from the obligations referred to in the first to third paragraphs. the terms and limits laid down in that exemption.
1 The person who applies a plant protection product, as a result of a biocidal product, shall report the intention to apply to our Minister for Economic Affairs, or to our Minister for Infrastructure and the Environment, if the authorisation provides that in the case of a plant protection product, the biocidal product shall not be used for two consecutive years.
2 Our Minister for Economic Affairs, Deputy Minister of Infrastructure and the Environment, shall provide a receipt of the notification to the reporter.
3 The intention to apply a plant protection product, as a result of the application of a plant protection product, is also notified to our Minister for Economic Affairs, Deputy Minister of Infrastructure and the Environment, as far as the application of a product is concerned. a plant protection product or biocide by way of derogation from the authorisation referred to in the first paragraph:
a. An exemption has been granted for a trial or experiment as intended Article 37, first paragraph , or Article 64, first paragraph, of the Act ,
(b) an exemption has been granted on the basis of Article 38 or Article 46, first paragraph, of the Act .
4 Our Minister proposes rules on the following:
a. the manner in which a notification is made or withdrawn;
(b) the period prior to the application of the plant protection product or the biocidal product where a notification is made;
(c) the period of validity of the notification; and
d. The information provided with the notification.
5 The applicant shall provide the receipt, referred to in paragraph 2, to the supplier of the plant protection product at the time of reception of the plant protection product. The distributor shall provide a copy of the receipt of the receipt to the reporter.
6 The reporter, the distributor, shall retain the signed copy of the receipt, the receipt of the receipt of the receipt in his records.
Our Minister may lay down rules on the recovery or disposal of residues of plant protection products from their packaging under ministerial rules.
1 Equipment for the application of plant protection products shall be used only if it complies with the requirements set out in Annex II to Directive 2009 /128/EC and is evidenced by an official approval certificate.
2 Our Minister may lay down rules on the inspection of in-service equipment for the application of plant protection products, including rules on the frequency of inspection, approval requirements, inspection bodies, the rate of assessment to be charged and for the issue of the official certificate of verification, and the designation of equipment not covered by the first paragraph, or a different test frequency shall apply.
The costs, referred to in Article 4:120 of the General Administrative Law Act who can charge Our Minister for issuing a warrant amount to a maximum amount calculated using the application of the Article 3, first paragraph, of the Law on State Taxation .
1 By ministerial arrangement, our Minister lays down rules on the classification of fines in the following categories:
a. € 50 to € 250;
b. € 250 to € 500;
c. € 500 to € 1,000;
d. € 1,000 to € 10,000.
2 At least distinction shall be made in respect of the function of the offender when making infringements within the categories referred to in paragraph 1.
3 By way of derogation from the first paragraph, our Minister may issue a higher fine if the circumstances of the case or the seriousness of the offence give rise to it.
The Royal Decree of 14 December 2004 on the transfer of the care of the policy on biocidal products (Stb. 2004, 696) shall be repealed.
A ministerial arrangement provides for rules for the equivalence of licences issued under the conditions of Professional competence requirements and professional competence requirements as this decision on the entry into force of the Act consisted of certificates of competence provided on the basis of the Articles 71, third paragraph , and 76, third member, of the law .
1 Where the royal message of 1 March 2006 submitted a proposal of the law governing the authorisation, placing on the market and use of plant protection products and biocidal products ( Wet protection products and biocidal products ) (Roompieces II 2005/06, 30474, nr. 2), after it is elevated to law, enters into force, this decision shall enter into force at the same time with the exception of:
a. Article 29, first and second paragraphs , which will enter into force five years after that date, and
b. Article 20, third paragraph , which will enter into force on 1 September 2009.
2 By way of derogation from the first paragraph Article 29, first and second paragraphs , if a Community measure so requires, to enter into force on a date to be determined by Royal Decree.
This Decision is cited as: Decision plant protection products and biocidal products.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 5 September 2007
Beatrix
The Minister of Agriculture, Nature and Food Quality,
G. Verburg
The Minister for Housing, Spatial Planning and the Environment,
J. M. Cramer
Published the 25th of September 2007The Minister of Justice,
E. M. H. Hirsch Ballin
Methods of evaluation of plant protection products
| Human toxicology | |
| 1. |
EUROPOOEM I. (1996). The development, maintenance and dissemination of a European Predictive Operator Exposure Model (EUROPOOEM) database. Draft final report, Commission document 7857 /VI/97. |
| 2. |
EUROPOEM Re-entry: Post application exposure to pesticides of workers in agriculture, Report of the re-entry workgroup, EUROPOEM II project, 2002; FAR3, CT96-1406, Draft Report. |
| 3. |
EUROPOEM Bystander: Bystander working group report. EUROPOOEM II project, 2002, Draft report. |
| 4. |
From Hemmen, JJ. (1992) Assessment of occupational exposure to pesticides in agriculture. Part I General aspects. Part II Mixing and loading. Part III Application. S-series S141 1/3, Ministry SZW, The Hague. |
| 5. |
From Goldstein Brouwers, YGC, Marquart, J, Van Hemmen, JJ. (1996) Assessment of occupational exposure to pesticides in agriculture. Part IV Protocol for the use of generic exposure dates. TNO Nutrition, Rijswijk, Netherlands, TNO report V 96.120. |
| 6. |
Lundehn, J. R., Westphal, D., Kieczka, D., Krebs, B., Löcher-Bolz, S., & Maasfeld, W. (1992). Uniform principles for safeguarding the health of applicators or plant protection products (Uniform principles for operator protections); Mitteilungen aus der Biologischen Bundesanstalt für Land-und Forstwirschaft Bundesrepublic Deutschland, Heft no. 277, Berlin, Germany. |
| 7. |
Snippe R.J., Drooge H.L. van, Schipper H.J., Pater A.J. de, Hemmen J.J. van, (2002) Pesticide exposure assessment for registration purposes. TNO report V3642. (2002) |
| 8. |
RIVM CONSEXPO 4.1 |
| 9. |
UK-POEM 07. www.pesticides.gov.uk |
| 10. |
L.C.H. Prud'homme de Lodder et al (2006). Assessment of secondary exposure to lawn pesticides. RIVM SIR report 09709A00. |
| 11. |
Mensink, B. J.W.G. [ 2004]. Pesticide emissions from greenhouses. Proposal for the risk assessment system USES. RIVM report 601450014/2004 and Ctgb lee side turbulence model. |
| Residues | |
| - |
|
| Environment | |
| 12. |
Van der Linden, A.M. A et al (2004). The new decision tree for the evaluation of pesticide leaching from soils., RIVM report 601450019/2004. |
| 13. |
Adriaanse, P.I. et al, (1996) Fate of pesticides in field ditches: the TOXSWA simulation model. Alterra Report No 023. |
| 14. |
Adriaanse, P.I. et al (2008). Development of an assessment methodology to evaluate agricultural use of plant protection products for drinking water production from surface waters-a proposal for the registration procedure in the Netherlands. Alterra Report No 1635, ISSN 1566-7197. |
| 15. |
Ctb (2005) Temporary assessment methodology drinking water criterion |
| 16. |
Linders, J.B.H.J.; Van der Linden, A.M.A. and Stienstra, Y.J. [ 2010]. Surface water intended for the abstraction of drinking water after use or plant protection products on hard surfaces. Evaluation of plant production products. RIVM report 601450021/2010 and corrigendum Van der Linden [ RIVM]. |
Personal protection measure
Protection factor granted
| Half-face mask and full-face mask with filter type 2 |
10 |
| Powered fullface mask with filter type 2 |
20 |
| Powered volgelate smasker with filter type 3 |
40 |
| Body cover application Material type CEN 3 or 4 (not for hands, head and neck) |
10 |
| Workers ' body cover in/from crop/treated area (not for hands, head and neck) |
5 |
| Gloves, non-solid |
10 |
| Gloves, solid |
20 |
| Boots (chemically resistant) |
10 |
| Closed spray booths |
10 |
Crop protection monitor aspects
-cultivation frequency and forfruit, by means of an crop rotation plan
-race choice and source material, attention to: resistant/tolerant cultivars and standard or certified seed and planting material.
-monitoring of harmful organisms in the crop
-use of warning, advice and decision support systems for timely signaling of increasing disease pressure.
-applied biological, physical and mechanical plant protection measures, including the use of biological combat agents and mechanical weed control
-choice of used plant protection products on the basis of risks to humans and the environment (used in the form of plant protection products used in accordance with Article 67 of Regulation (EC) No 2028/ECSC). 1107/2009
-emission control measures, including administration techniques
-resistance management in the use of plant protection products
-other measures that have contributed to reducing the use of chemical agents
-assessment of the success of the management measures applied.
