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Plant protection products and biocidal products

Original Language Title: Regeling gewasbeschermingsmiddelen en biociden

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Regulation of the Minister for Agriculture, Nature and Food Quality of 26 September 2007, No TRCJZ/2007/3100, laying down detailed rules on plant protection products and biocidal products

The Minister for Agriculture, Nature and Food Quality and the Minister for Housing, Spatial Planning and the Environment,

Acting in accordance with the Minister for Health, Welfare and Sport, the Minister for Social Affairs and Employment and the Secretary of State for Transport and Water,

Having regard to the Article 5, first paragraph , 12, 11th member , 31, fifth member , 37, seventh member , 42, second paragraph , 43, seventh member , 64, seventh member , 70, seventh member , 82, third member , 126, Ninth Member of the Plant Protection Products Act and Biocidal Products and the Article 3, eighth paragraph , and 4, fourth member , 8, first to fourth paragraphs , 10 , 11, third member , 12, first and fourth members , 14 , 16, third member , 17, first, fourth and fifth members , 18, second to sixth Member States , 20, second paragraph , 24, fourth and fifth members , 25, fourth and fifth members , 17, fourth and fifth members , 26, seventh member , 29, third member , 30, second paragraph , 31, fourth and fifth members , 32, fourth member , 34, second and third members , 36, fifth and seventh members , 37, second paragraph of the Decision plant protection products and biocides ;

Decisions:

Chapter 1. General provisions

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Article 1.1

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For the purposes of this arrangement:

  • Decision: Plant protection products and biocidal products ;

  • Group accommodations: an accommodation with at least 20 sleeping places for providing accommodation to persons in group;

  • Groundwater protection area: an area within which the quality of groundwater is Article 1.2 of the Environmental Protection Act is protected;

  • Weeds: an undesirable plant, plant vegetation or woody crop on a certain soil or surface;

  • Directive 2000 /29/EC: Directive No Council Directive 2000 /29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ 2000 L 169, p.

  • 'risk number' means a number established according to a method established by the Health Board which is the additional risk per year on mortality from cancer of 4.10 -5 displays at an exposure for 40 years, five days a week, and eight hours per day;

  • stobbe: part of a tree left behind in and above the ground after the tree has been reared above ground;

  • Ultra low volume formulation: a plant protection product in highly concentrated form, intended to be sprayed into fine droplet shape;

  • Regulation 284/2013: Regulation (EU) No 254/2013 Commission Regulation (EC) No 284/2013 of 1 March 2013 laying down the data requirements for plant protection products pursuant to Regulation (EC) No 84/2013 The European Parliament and the Council of the European Parliament and the Council of the European Union concerning the placing of plant protection products on the market (Pb EU 2013, L 93);

  • Regulation (EU) No 1143/2014: Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and control of the introduction and spread of invasive alien species (PbEU 2014, L 317);

  • Law: Wet protection products and biocidal products .

Chapter 2. Admission plant protection products

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§ 1. Special forms of authorisation

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Article 2.1. Construction Plan

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  • 1 The applicant for an authorisation of a plant protection product containing an active substance approved in accordance with Article 4 (7) of Regulation (EC) No Regulation (EC) No 2/2 shall, at the same time, submit a plan for an alternative approach to of the grave danger to the Minister for Economic Affairs.

  • 2 The plan describes step by step:

    • a. How, within five years of the possible admission, chemical or non-chemical alternatives can be found and deployed instead of the plant protection product concerned; and

    • b. with the help of whose commitment the goal will be realized.

  • 3 The Minister of Economic Affairs may amend the plan, after consultation with agricultural sector organisations or other sector organisations that have an interest in combating the serious danger, and shall send the plan within two weeks after, where appropriate, an authorisation has been granted to the European Commission.

  • 4 The Minister of Economic Affairs may lay down a form for the submission of the plan.


Article 2.2. Evaluation simplified extension-seat rating

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  • 1 At the request of the applicant, in the assessment of an application for the extension of an existing authorisation with a small application as referred to in Article 3 (26) of Regulation (EC) No 1107/2009, the College shall be sufficient to assess the documentation and information referred to in Article 51, second paragraph, part d, of Regulation (EC) No 1107/2009, according to the state of scientific and technical knowledge and the guidelines or other assessment methods, as they have applied the time of application for the already existing authorisation.

  • 2 If the college decides to authorise the extension, in accordance with paragraph 1, the expansion seat rating ends at the same time as the existing admission.


§ 2. Requirements of the authorisation

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Article 2.3. Risk group of plant protection products containing microorganisms

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The college shall list at the time of admission the risk group referred to in Article 4.84 of the Working Conditions Act , in which a plant protection product is classified.

Chapter 3. Authorisation and registration of biocidal products [ Expandes by 21-11-2013]

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§ 1. Applications [ Expired by 21-11-2013]

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Article 3.1. Documents to be submitted concerning biocidal products [ Vertraps by 21-11-2013]

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§ 2. General provisions on the assessment of biocidal products [ Exposition by 21-11-2013]

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Article 3.2. Scope of application [ Verfalls by 21-11-2013]

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Article 3.3. Community measures to be taken into account [ Expated by 21-11-2013]

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Article 3.4. Assessment methods from guidelines and national methods [ Expandable by 28-06-2013]

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§ 3. Provisions on the humidiological risk of biocidal products [ Verfall by 21-11-2013]

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Article 3.5. Calculation human-toxicological risk as a result of professional use [ Expired on 21-11-2013]

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Article 3.6. Exposure due to professional use [ Expired on 21-11-2013]

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Article 3.7. Health Standard [ Expired by 21-11-2013]

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§ 3a. Efficacy of Biocidal Products [ Expired by 21-11-2013]

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Article 3.7a. Efficacy [ Expired by 21-11-2013]

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§ 4. Provisions relating to the assessment of biocidal products containing micro-organisms [ Vertraps by 21-11-2013]

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Article 3.8. Assessment of biocidal products containing micro-organisms [ Vertraps by 21-11-2013]

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§ 5. Provisions on special forms of authorisation [ Expage by 21-11-2013]

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Article 3.9. Derived Authorisation Assessment [ Expired by 21-11-2013]

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Article 3.10. Parallel Admission Assessment [ Expired by 21-11-2013]

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Article 3.11. Review admission at the request of the Minister [ Expired by 21-11-2013]

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§ 6. Rules on admission [ Expaed by 21-11-2013]

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Article 3.12. Rules on protection arising from the Directive on the inclusion of the active substance [ Expelling per 21-11-2013]

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Article 3.13. Protection factor more than ten [ Expired on 21-11-2013]

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Article 3.14. Risk group of biocidal products containing micro-organisms [ Expired-by 21-11-2013]

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§ 7. Authorisation Guide for Pesticide Residues [ Expired per 01-01-2010]

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Article 3.15. Authorisation Guide for Pesticide Residues [ Expired per 01-01-2010]

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Chapter 4. Accreditation of bodies

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§ 1. Accreditation of bodies for the application of non-authorised plant protection products in trials and experiments

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Article 4.1. Recognition of plant protection products

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  • 1 Tests and analyses referred to in Article 29 (3) of Regulation (EC) No 1107/2009 shall be approved if they have been carried out by an approved body.

  • 2 The Minister of Economic Affairs may, upon request, recognise an authority where tests or analyses as referred to in Article 29 (3) of Regulation (EC) No 1107/2009 are carried out.

  • 3 The assessment of an application shall be made on the basis of the requirements set out in points 3.2 to 3.4.2. of point 3 Good Laboratory Practice (GLP) of the introduction to the Annex to Regulation 284/2013.


Article 4.2. Application for approval for examination with biocidal products [ Vertraps by 21-11-2013]

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Article 4.3. Duration of recognition

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  • 1 The period of validity of the approval shall not exceed six years. It may be granted for a shorter period.

  • 2 A recognition may be suspended, modified or revoked with effect from the date to be given, provided that:

    • (a) the holder of the approval shall make a written request to this effect;

    • b. incorrect or incomplete information has been provided on the basis of which recognition has been granted;

    • c. the holder acts in violation of the conditions mentioned in Article 4.4 the conditions laid down in the recognition;

    • (d) the holder of the recognition falls short of what may reasonably be expected from him on the basis of such recognition;

    • e. the recognition or the restrictions are given in contraa with legal requirements;

    • f. this is necessary in connection with amended regulations or for the implementation of a Community measure, changed circumstances or changed findings.


Article 4.4. Conditions on recognition

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  • 1 The applicant or the holder of a recognition shall, without delay, provide all detailed information, without delay, in order to prove that he complies with the requirements concerning the approval or the application.

  • 2 The applicant or the holder of an approval shall, at any time, permit inspections to verify compliance with the qualification requirements or the application.

  • 3 The applicant or holder of an approval shall retain the data of all original observations and calculations and derived data, the calibration statements and the final report of the test as long as the product concerned is in the European Union allowed.

  • 4 Essential changes of the organisation which Article 4.1 has a recognition, shall be notified in writing to the Minister for Economic Affairs. The Minister for Economic Affairs shall assess whether the modified organisation or any extension of type of trials and analyses by the organisation comply with the requirements for recognition.


Article 4.5. Document duty

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As compensation for the costs of processing an application for recognition as intended Article 4.1, second paragraph , the applicant shall be liable for the work carried out in relation to such recognition:

  • -€ 132.79 per employee per hour

  • -as applicable, € 136.02 per person per employee.


§ 2. Recognition of tests and experiments with non-authorised plant protection products

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Article 4.6. Procedure Approval Authorities

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  • 1 A recognition as intended Article 37, second paragraph, of the Act A request to be submitted to the Minister for Economic Affairs of a body for testing and experimentation for research or development purposes involving the placing of an unauthorised plant protection product in the environment is requested.


Article 4.7. Conditions for approval of bodies and implementing rules

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  • 1 A body, which wants to conduct trials and experiments in accordance with Article 4.6, first paragraph , it shall be recognised for that purpose if it has been found sufficiently satisfied that the following conditions will be met:

    • a. The body complies with the requirements referred to in points 3.2 to 3.4.2. of point 3 Good Laboratory Practice (GLP), of the introduction of the Annex to Regulation 284/2013 or it has been approved in accordance with Article 4.1, second paragraph ;

    • b. In carrying out trials and experiments, the authority shall take the necessary precautions, including potentially harmful effects on human and animal health, for the environment or for other crops;

    • c. trials and experiments shall be carried out in accordance with a pre-established protocol;

    • d. trials and experiments shall be carried out under controlled conditions, where tests carried out in the field or in glasshouses outside the field of the approved body shall be carried out under the supervision of the approved body;

    • Experiments and experiments shall take place on limited areas so that the crop area covered by an unauthorised plant protection product in the context of the test or experiment with an unauthorised plant protection product shall be subject to the approval of the college does not exceed the permitted area;

    • f. the authority shall keep records of the trials and experiments carried out, which shall be up-to-date, easily accessible and directly presentable to the supervisor;

    • g. the authority shall inform the Minister for Economic Affairs where the administration is located in writing;

    • h. the records shall describe at least in each calendar year for each of the non-authorised plant protection products used, the quantity used and the location of test fields where the trials and experiments are carried out with unauthorised means. performed and the total size of the area under treatment;

    • (i) the authority shall communicate to the Minister for Economic Affairs at least once a month the planning and precise location of trials and experiments carried out under its responsibility with unauthorised plant protection products;

    • (j) records shall be kept for at least three years;

    • (k) the authority shall store unauthorised plant protection products separately from authorised plant protection products in a space that is inaccessible to unauthorised persons;

    • (l) the harvesting of crops treated with unauthorised plant protection products treated in the context of an experiment or an experiment suitable for human consumption or animal feed, shall be destroyed; and

    • m. the authority shall ensure that the application of non-authorised plant protection products is carried out with a maximum personal protection equipment.

  • 2 On request, the Minister for Economic Affairs may grant an approved body waiver from the first paragraph, part l, or part m, for trials and experiments carried out under her responsibility, or in her order by other approved bodies are carried out, where the application demonstrates that the body provides sufficient assurance that the maximum residue limit for the substance concerned or the relevant means provided for in Regulation 396 /2005/EC is not is exceeded, provided, respectively, with sufficient assurance that it may assess in The cases where a lower protective equipment may be used are sufficient.

Chapter 5. The Register of the College and Disclosure

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§ 1. Registers for plant protection products and biocides

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Article 5.1. The register of plant protection products

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  • 1 The College shall maintain the electronic register of plant protection products referred to in Article 57 of Regulation (EC) No 1107/2009.

  • 2 The College shall share the register referred to in the first paragraph and in Article 69, second paragraph, of the Act , at least in accordance with the Chapters of plant protection products and adjuvants.

  • 3 The Minister for Economic Affairs shall make the list of small uses referred to in Article 57, first paragraph, part h, of Regulation (EC) No 1107/2009, available electronically to the public.


Article 5.2. The Register of Biocides

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The College shall maintain the Register of Biocides in accordance with Article 71 of Regulation (EC) No 528/2012.


Article 5.3. Periodical Adjustments In Database [ Expired by 21-11-2013]

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§ 2. Disclosure

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Chapter 6. Certificate of professional competence for trade and use

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§ 1. Proof of competence

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Article 6.1. Meaning evidence of professional competence

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  • 1 A certificate of competence as referred to in Article 71, first paragraph, of the Act indicates that the holder:

    • a. sufficiently informed when and under what circumstances the use of plant protection products or biocidal products is justified;

    • a sufficient awareness of the dangers of their use and of the manner in which such hazards can be prevented; and

    • (c) in so far as it concerns a certificate of professional competence for plant protection products, has sufficient knowledge of the subjects listed in Annex I to Directive 2009 /128/EC, taking into account the tasks and responsibilities of its own function.

  • 2 Where the proof of competence relates only to certain plant protection products or biocides, to certain uses or to the treatment of certain spaces or sites, the person concerned shall be regarded as holding only of a certificate of competence.


Article 6.2. Certificate of professional competence crop protection

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  • 6 Office Erkenningen shall report to the Minister for Economic Affairs on his activities and the number of certificates of professional competence provided and recognised after each calendar year.


Article 6.3. Providing proof of professional competence crop protection

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  • 1 Office of the AOC of the AOC provides proof of professional competence on request.

  • 2 A proof is not provided than after the tariff of € 6.05 has been met.

  • 6 Proof of competence Mollen and Woelrat control shall be provided to the person holding a certificate of crop protection MW or a diploma, including that certificate, which satisfies the conditions laid down in the certificate Articles 7.2.4 .en 7.2.6. of the Education and Vocational Education Act established qualifications and professional requirements.

  • 7 Proof of competence on the basis of a Safety Instruction of Laundry Protection, intended to be carried out in accordance with Article 6.3a , is provided to the person who has followed an instruction in the workplace as intended Article 17, first paragraph, part c, of the decision , which is approved by the Office Acquaintations of the AOC Board.

  • 8 A certificate of professional competence as referred to in paragraphs 3 to 6 shall be automatically extended if sufficient periodic training meetings have been attended, approved by the Office of the Office of the AOC of the AOC, or, again, to a good effect on a A certificate shall be issued which shall give entitlement to a certificate as referred to in the third to sixth members.


Article 6.3a. Plant protection professional competence instruction

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  • 1 The acts, which are eligible for a certificate of competence, intended in Article 17, first paragraph, part c, of the decision , are:

    • a. The operation of a fully sealed seed coating machine;

    • b. use in a laboratory for plant tissue culture in vitro or have in place of plant protection products intended for the purpose of influencing the life processes of plants, in accordance with the relevant authorisation;

    • c. combating potato storage by means of a plant protection product based on the active substance glyphosate by hand equipment, provided that the equipment is filled by another person with a proof of Implement or maintain plant protection as intended Article 6.3, third and fourth members ;

    • d. Killing of unwanted plants with hand equipment filled with a plant protection product based on the active substance glyphosate in the selection of bulb plants and other plants for the purpose of processing, provided that the equipment is filled by a other person holding a certificate of professional competence, or Conduct plant protection plant protection as intended Article 6.3, third and fourth members ;

    • e. pleckwise weed control with hand equipment filled with a plant protection product based on the active substance glyphosate in crops and nature areas, to the extent that the equipment is filled by another person with a proof of Implement or maintain plant protection as intended Article 6.3, third and fourth members ;

    • f. pleckable weed control with hand-operated hoses equipped with nozzle and hood attached to a tractor with spray tank filled with a plant protection product based on the active substance glyphosate in crops, to the extent that the spray tank is Filled by another person with a certificate of competence, or Conduct plant protection as intended Article 6.3, third and fourth members ;

    • g. Sto-treatment with hand equipment filled with a plant protection product based on the active substance glyphosate in crops and nature areas, provided that the equipment is filled by another person with a proof of Implement or maintain plant protection as intended Article 6.3, third and fourth members ;

    • h. Application of indolylbutyric acid-based beroot oyders;

    • i. Compensating dispensers with means of pheromones for pheromones confusion in fruit crops;

    • j. inking of strains with means of quartz sand for willow weather in fruit-growing crops;

    • (k) filling of containers for after harvest of cut flowers with ready-to-use solution after harvesting of shelf-life preservatives with cut flowers other than those with danger symbol Xn harmful, to the extent that the solution is prepared by another person holding a certificate of competence, or Conduct, plant protection as intended Article 6.3, third and fourth members ;

    • (l) the feet of potatoes with a tractor and mashed potatoes in which powder dosing equipment (s) is given on the basis of pencycuron or flutolanil against Rhizoctonia, in so far as the powder-dosing equipment is filled by another person holding a certificate of professional competence Run or conduct plant protection as intended Article 6.3, third and fourth members ;

    • m. operating a plant-based phytodrip machine, provided that the machine is filled by another person holding a certificate of competence, or Conduct plant protection as intended by Article 6.3, third and fourth members .

  • 2 Office Erkenningen of the AOC Board recognizes an instruction, intended in Article 17, first paragraph, part c, of the decision If it provides at least information about:

    • a. the risks and risks to humans, animals and the environment, including non-target plants and animals, are linked to the use of the plant protection product concerned by the operation;

    • b. be the symptoms of poisoning and the first aid measures to be taken, where appropriate;

    • c. are the safest working practices;

    • d. how to clean up the scrap of the product and the use of the packaging, and

    • e. which emergency measures are to be taken in the event of leakages, waste or other contingencies.

  • 4 Article 6.3, first paragraph , does not apply. The employer or principal of the person who has followed the instruction shall provide a copy of the attendance record of the instruction to the person concerned, and shall keep the original for five years after the instruction is given. The attendance list shall state the act referred to in the first paragraph to which the instruction relates and shall be regarded as proof of competence for the act in question for five years after the instruction has been followed.


Article 6.3b. Revocation of certificate of competence

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  • 1 The Minister for Economic Affairs shall draw up a certificate of plant protection products if no longer fulfils the conditions required for the acquisition or retention of a certificate of professional competence in the case of or under the conditions of He shall be required to comply with the requirements for a period of not more than six months after the person concerned has been given the opportunity to comply.

  • 2 The Minister for Economic Affairs may, on the basis of Article 85, third paragraph, of the Act , withdraw a certificate of professional competence, if

    • a. The keeper seriously falls short in what may be expected on the basis of that evidence from him; or

    • (b) Repeated offences against the holder under the law have been established.


Article 6.4. Proof of biocidal products biocidal products

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  • 1 The application for a certificate of competence as referred to in Article 17a, first paragraph, of the Decision , is submitted to the Minister of Infrastructure and the Environment. The following documents shall be submitted to the application:

    • a. duly completed and signed application form;

    • b. A legible copy of the applicant ' s identity document; and

    • c. a certified copy of a diploma or certificate obtained, or

    • d. a certified copy of an attestation of competence or evidence of formal qualifications recognised by the Minister for Infrastructure and the Environment on the basis of Article 6 of the General Act on recognition of EU professional qualifications .

  • 6 A certificate of competence as referred to in Article 17a, first paragraph, of the Decision , with regard to the repulsion or control of a pest, the fight of wood-causing fungus, gauging leader or gas measurement expert, shall be provided if the user has passed the theoretical knowledge and practice tests, which shall comply with the requirements of the to the final terms for education, intended in Annex VI , Part A, or Annex VII , and to that end, a certificate of the Stichting Exam and Certification Institute PLayer Animal Prevention, or the Foundation Certification Institute, Plow-Animal Control, Environment and Public Health.

  • 7 The costs of a certificate of professional competence for a certificate of competence as set out in Annex VI , Part A, not more than € 45,-excluding the cost of training. The costs relating to a certificate of competence referred to in Annex VI, Part B, shall not exceed € 50,-excluding the cost of periodic training.

  • 9 The Minister of Infrastructure and the Environment may withdraw a certificate of biocrity biocidal products if its holder does not comply with the final terms for education intended in Annexes VI or VII . Article 6.3b, second paragraph , shall apply mutatis mutandis.


Article 6.5. Condition for the renewal of a certificate of competence

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The automatic renewal of a certificate of professional competence shall take effect from the date of expiry of the certificate of competence in question or, if the holder of a certificate of competence concerned is not in accordance with the conditions laid down in this Article, the automatic extension of a certificate of professional competence. shall meet with effect from the date after the date that the holder is satisfied with the conditions.


Article 6.6. Proof of professional competence

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No evidence of professional competence is required for the following operations:

  • a. The delivery by personnel of plant protection products or biocides already ordered or purchased, if they are found in an order form or invoice, without advice to users;

  • (b) apply for a maximum of one year of biocidal products by those who have taken due part in the initial training start-up licence for the control of pests and wood-bearing organisms referred to in Annex VI, Part C, and those to that end a start-up license of the Stichting Exam and Certification Institute Plowlivestock Prevention or the Foundation Certification Institute Plowanimal Control, Environment and Public Health has met and meets the conditions set in Annex VI, Part D ;

  • c. applying a biocidal product to repel or control an animal pest, non-rodents or to fight a wooded fungus as intended in animal control. Article 6.4, first paragraph , by an agrarian entrepreneur on own holding;

  • (d) the application of biocidal products for the repelling or control of rodents by an agricultural operator on his own holding by a holder of a licence to control rodents by an agricultural operator on his own holding; Intended in Annex VI, Part E , and who has received a licence from the AOC of the AOC Council for that purpose. The validity of the abovementioned licence shall be extended after the expiry of a period of five years by the Office of the AOC of the AOC, if the final terms for education listed in Annex VI, Section F are met;

  • e. the industrial use of a biocidal product in wood in connection with its preservation against fungi or animal pests;

  • f. the placing on the market of biocidal products.


Article 6.7. Working with plant protection products

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  • 2 A professional user of plant protection products shall possess a certificate of competence in the field of Laundry Protection as referred to in Article 2 (2). Article 6.3, fourth paragraph .

  • 3 By way of derogation from the second paragraph, the holder of an agricultural holding which receives, uses or has provided for plant protection products as referred to in Article 71, first paragraph, of the Act , and which was born before 1 January 1996 at least on a certificate of competence Carried Out Washing Protection as referred to in Article 4 (1) of the Treaty. Article 6.3, third paragraph .

  • 4 By way of derogation from the second paragraph, a person receiving or using plant protection products on behalf of another person shall have, on the basis of a certificate of professional competence, the protection of the use of the protection of the products concerned. Article 6.3, third paragraph , to the extent that at least one person is present or available in the holding where the treatment with plant protection products is carried out, which has a certificate of professional competence, Laundry protection.

  • 5 By way of derogation from the second paragraph, a person using plant protection products shall have a certificate of competence as referred to in the Annex to the Regulation. Article 6.3, sixth paragraph , to the extent that the act is included in Article 6.3a, first paragraph , and at the place of work in which the plant protection product is treated at least one person is present, which has a certificate of competence, or plant protection.

  • 6 By way of derogation from the second paragraph, a shipowder and woe rat with plant protection products shall have a certificate of competency Mollen and Woelrat control as referred to in Article 3 (2). Article 6.3, sixth paragraph .

  • 7 Without prejudice to the first paragraph, a distributor or member of staff responsible for carrying out the daily management or work for the safe transport and storage of plant protection products shall be in possession of a certificate of plant protection products. Competence Distribution and Storage as referred to in Article 6.3, fifth paragraph .

Chapter 7. Other provisions relating to trade

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Article 7.1. Chainbeding prohibited plant protection products and biocidal products

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  • 1 The person producing, storing or transporting a plant protection product or a biocidal product not authorised in the Netherlands comes to any agreement which provides for the storage, transport or delivery of the product to another in writing, a clause intended to be used in writing. Article 253 of Book 6 of the Civil Code for the benefit of the State, and shall record a copy of this Agreement in its administration.

  • 2 The clause provided for in paragraph 1 shall be as follows:

    • (a) The receiving Party shall do all reasonably to prevent the use of the plant protection product or the biocidal product in the Netherlands. For this purpose, the receiving Party shall include this clause in an agreement providing for the delivery to a third party of the plant protection product or biocide to be delivered by this Agreement.

    • b. If it is not apparent from the administration of the receiving Party or a third party that the plant protection product or the biocidal product has been used outside the Netherlands or transported abroad, the receiving lot shall forfeit a sum of 10% of the value of the product concerned. market value of the plant protection product or the biocidal product for the purposes of the State of the Netherlands.

    • c. This obligation will be transferred to those who will obtain the plant protection product or the biocidal product under a special title. Furthermore, those who will obtain a limited right or a right to use it from the rightholder shall be bound by them.


Article 7.2. Submission of information to the Minister [ Expestablished by 16-12-2011]

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Article 7.3. Administrative Obligation Exemption [ Expired by 21-11-2013]

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Article 7.3a. Administration General

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The person who, on the basis of Article 67 of Regulation (EC) No 1107/2009 or Article 24 or 25 of the Decision data shall be administered or transmitted from its records, shall do so in full and in truth, and without delay after the data have become known to him.


Article 7.3b. Intended for use outside the Netherlands

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It is the owner or proprietor of a company established in the Netherlands which has agricultural parcels in Belgium or Germany which is authorised to store a plant protection product not authorised in the Netherlands on its holding, in so far as it is intended to be used in the Netherlands. a plant protection product authorised in Belgium or in Germany, and in fact also applied on the Dutch border, and it appears from his records of the nature of the product concerned. Article 7.3c .


Article 7.3c. Administration of non-authorised plant protection products or biocidal products

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  • 1 The records referred to in Article 74, third paragraph, part b, of the Act in the first sentence of Article 67, first paragraph, of Regulation (EC) No 1107/2009, contains at least the following information:

    • a. The name of the plant protection product and the entry number or entry mark in the country of destination;

    • b. The number of packages per receipt or delivery, as well as the volume or mass of units indicated on the package;

    • c. the total quantity of stock and changes in stock, distinguishing between plant protection products or biocide;

    • d. the name, address and place of residence of the person from whom the plant protection product or the biocidal product has been obtained, or who has been delivered;

    • e. the date of receipt, delivery or change as referred to in points b and c; and

    • f. The copies of contracts as referred to in Article 7.1, first paragraph .

  • 2 The administration shall cover a period of the last five years.

  • 3 The information referred to in paragraph 1 shall be indicated on the invoice or delivery document.


Article 7.3d. Storage and transport intended for use outside the Netherlands

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  • 2 The transport of a plant protection product not authorised in the Netherlands or biocidal product authorised in the Netherlands is authorised only if the carrier has a consignment note or other document showing the origin of the consignment and for whom the consignment is d.


Article 7.4. Non-professional user information

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  • 1 A holder of an authorisation of a plant protection product for non-professional use is responsible for the provision of the general information, intended Article 73, fourth paragraph, of the Act , for the benefit of the user of his agent. The holder of the authorisation shall also indicate this information when it comes to the prices of the product on its website or in other media.

  • 2 The information is shown in such a way that the scope is simple to understand.

  • 3 The holder of an authorisation shall ensure that each distributor of his plant protection product is in a position to provide the information to the user.

  • 4 The distributor shall ensure that the information for each purchaser of a plant protection product for non-professional use is sufficiently accessible and available.

Chapter 8. Use

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§ 1. Integrated control and proper use

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Article 8.1. Plant protection monitor exemption

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The person using the organic production method as intended Article 2 of the Agricultural Quality Act 2007 applies, is exempted from the obligation on a plant protection monitor as intended in Article 26, first paragraph, of the Decision -


§ 2. Application methods,-techniques and materials

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Article 8.2. (Necessary for safe operation)

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  • 1 The first paragraph of Article 27b of the Decision shall not apply to the use of plant protection products for the purposes of combating weeds or moss in the following areas:

    • a. Locations where the use of open fire or rotating engines is not permitted;

    • b. Starting, landing and taxiways of airports;

    • c. Rail, metro and tramway track, as far as they are concerned:

      • 1 ° the ballast bed consisting of a layer of stone, in which the rail structure is located, or;

      • 2 ° inspection or display paths situated within the safety area;

    • d. Locations where sharp ammunition or explosives are or may be present in the soil.

  • 2 The first paragraph of Article 27b of the Decision shall not apply to the use of plant protection products for the treatment of stobam in, on or through road and water engineering constructions, if mechanical removal puts the stability of this construction at risk.


Article 8.3. (Necessary for the protection of humans, animals or the environment)

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  • 1 The first paragraph of Article 27b of the Decision shall not apply to the use of plant protection products on hardened surfaces to control selective and plesable control of:

    • a. A thousand knot: Japanese thousand knot (Fallopia japonica), Sachalinse thousandknot (Fallopia sachalinensis), Bastaard thousandthknot (Fallopia x bohemica), Afghan thousand-knot (Persicaria wallichii) and crosses;

    • b. Ambrosia ( Ambrosia species).


Article 8.4. (Specific areas for sport and recreation)

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The first paragraph of Article 27b of the Decision shall not apply to the use of plant protection products in the following areas:

  • a. Sports fields for the organisation of sports in open air as far as the playable part of the field is concerned, including a restricted zone around it, which is necessary for the practice of sport.

  • b. recreational areas not managed by the government, as far as it is concerned:

    • 1 ° bungalowland;

    • 2 ° group accommodations;

    • 3 ° camping sites;

    • 4 ° marinas, other than the landing facilities in or near the surface water.


Article 8.5. Written statement at the town hall [ Expat per 21-11-2013]

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Article 8.6. Aviation Application Exemption Conditions [ Expired by 21-11-2013]

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Article 8.7. Biocidal product application of biocidal products [ Exchanges by 21-11-2013]

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Article 8.8. Applicability of gaseous and gas-forming agents

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  • 1 The Articles 30 and 31 of the Decision the methods of application of gaseous and gas-forming plant protection products and biocidal products shall apply only to the means of an active substance referred to in Annex X This scheme.


Article 8.9. Notified Phosphorus Hydrogen, sulfuryl fluoride and methyl bromide application

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  • 1 Plant protection products and biocides containing phosphorus hydrogen, sulfuryl fluoride or methyl bromide as an active substance shall not be applied after notification to the competent authority of the competent authorities of the Member State concerned has been made at least seven days before the start of the application. Company Director of the Environment and Transport Inspectorate. For this purpose, the form shall be: Annex XI , full and complete to truth.

  • 2 By way of derogation from the first paragraph, the notification may be done less than seven days before the start of application, if less than 2500 m 3 A guest or the application shall be a gassing of lighters and inland waterway vessels and the urgency of the application makes this necessary, provided that:

    • -the notification is received at least 6 hours prior to the beginning of the application and the application concerns a gassing of lighters and inland waterway vessels,

    • -the notification has been received at least 6 hours prior to the start of the application and not more than 500 m 3 Guest, or

    • -the notification has been received at least 24 hours before the start of the application, and not more than 2500 m 3 Shall be guest.

  • 3 For the purpose of the declaration of gas, Article 31, third paragraph, of the Decision the form shall be referred to in Annex XII complete and complete to truth, provided to the client. A copy of this form shall be forwarded to the competent director of the Environment and Transport Inspectorate within 48 hours.

  • 4 The person who has provided the declaration referred to in paragraph 3 shall keep a copy of the certificate for at least one year.


Article 8.10. Periodic Application Notification

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  • 1 The notification referred to in Article 32, first paragraph, of the Decision , the application of a plant protection product shall be carried out at the latest three weeks before the application to the Minister for Economic Affairs.

  • 2 In the notification referred to in paragraph 1, a complete and complete notification form shall be submitted, submitted or transmitted electronically, containing:

    • a. the name and address of the user;

    • b. as applicable: the name and address of a holding as intended by Article 17, third paragraph, part b, sub-part 2 °, of the decision ,

    • c. The name of the plant protection product,

    • d. the target crop,

    • e. the intended moment of application,

    • f. on a map meeting the requirements of the Minister for Economic Affairs, indicated at scale of the parcel or parcel to be treated, the area to be treated in m 2 and where applicable:

      • -a statement by the Minister for Economic Affairs that knolcyperus (Cyperus esculentus L.) has been shown on the plot,

      • -a statement by the Minister for Economic Affairs that the stem (Ditylenchus dipsaci (Kühn) Filipv) has been shown on the plot, or

      • -the date of a decision as referred to in Article 32, third paragraph, points (a) to (c) of the Decision .

  • 3 The Minister for Economic Affairs shall issue a receipt within two weeks of the notification.

  • 4 The melder shall apply the plant protection product within 3 months of the date specified on the receipt.

  • 5 If no soil disinfection has been applied after the notification, the reporter may withdraw the notification by returning the receipt to four months after the date specified on the receipt.


Article 8.10a. Reporting obligation to protect vulnerable groups of people [ Expestablished by 31-03-2016]

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§ 3. Post-authorisation monitoring

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Article 8.11. Calculation MTR water

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Upon request, the College shall calculate the maximum permissible risk of plant protection products for aquatic organisms intended for Article 2 (f) of the Decision By using the INS method, intended to be used in the Annex XV , Part B.


§ 4. Charges

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Article 8.12. Tariff for exemptions plant protection products

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The rate payable to the Minister for Economic Affairs for an application for exemption from a plant protection product as referred to in Article 38 of the Act shall be:

  • a. If advice to the College for the authorisation of plant protection products and biocides is requested: € 3.922,80;

  • b. If no advice to the College for the authorisation of plant protection products and biocides need be requested: € 1.297.80.


§ 5. Cleaning

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Article 8.13. Packaging cleaning services

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  • 1 A user shall be prohibited from holding an empty packaging of a plant protection product containing more than 0,01% of the weight of the plant protection product originally contained in the unopened package.

  • 2 If the packaging of a plant protection product has been empanted without delay, a user cleanses the packaging with suitable cleaning equipment.

  • 3 In the case of a plant protection product by means of spray equipment and the user does not have suitable cleaning equipment, the packaging shall be rewound several times without delay after its emptying operation. With clean tap water, after which the rinsing water is then deposited in the liquid tank of the spray equipment.


§ 6. Verification

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Article 8.14. Assessment of plant protection equipment

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  • 2 By way of derogation from the first paragraph, a certificate of assessment for low volume spray equipment shall be valid for six years from the date of issue.

  • 3. Equipment shall be inspected no later than every three years, and for the first time not later than:

    • a. on 31 December 2015 for equipment of the year 1996 to 2000;

    • b. on 14 December 2016 for equipment from the year 2001 to 2013;

    • c. Three years after the purchase date for equipment with a year of construction after 2013.

  • 4 By way of derogation from the three-year period referred to in paragraph 3, low-volume spray equipment shall be inspected no later than every six years.

Chapter 9. Monitoring and enforcement

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§ 1. Monitoring

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Article 9.1. Supervisors Designation

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Entrusted with the supervision of compliance with or under the conditions of Wet protection products and biocidal products shall be officials of:

  • a. the Dutch Food and Warenlicensing Authority;

  • b. the SZW Inspectorate;

  • c. the Environment and Transport Inspectorate;

  • d. the Health Care Inspectorate;

  • e. the water shelves;

  • f. The State Supervision of the Mines;

  • g. the municipality of Horst on the Meuse and of the municipality of Venray, as far as the territory of the communes of Horst is concerned with the Meuse and Venray.


§ 2. Maintaining

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Article 9.2. Power to impose administrative penalty [ Expestablished per 01-01-2011]

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Article 9.3. Other mandatering legal powers [ Expats per 01-01-2011]

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Article 9.4. Jurisdiction in revocation of certificate of competence [ Verfalls by 01-07-2009]

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Article 9.5. Information Light [ Expated by 01-01-2011]

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Article 9.6. Height of administrative fine

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  • 1 The amount of the administrative penalty, which the Minister for Economic Affairs and the Minister for Infrastructure and the Environment, on the grounds of Article 90 of the Act can impose on a violation, is equal to the amount of money that Annex XIII has been reported for the infringement in question.

  • 2 By way of derogation from the first paragraph, the administrative penalty for an infringement relating to professional use of biocidal products shall be half the amount of the sum of the money mentioned in paragraph 2. Annex XIII , except where:

    • a. The user has, or must have, a certificate of competence;

    • (b) the use of the biocidal product concerned is part of the provision of a service.


Article 9.7. Height of administrative penalty for repeated infringements

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The natural or legal person, who, within five years of the detection of a previous offence, shall be penalised by a penalty of administrative law equal to the administrative penalty previously imposed, multiplied by the factor of 1,5.

Chapter 10. Transitional period of the Directives 91 /414/EEC and 98 /08/EC [ Expired per 21-11-2013]

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Article 10.1. Scope of activity [ Expired on 21-11-2013]

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Article 10.2. Documents to be submitted for an application as referred to in Article 121 of the Act [ Expired by 21-11-2013]

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Article 10.3. Assessment of a biocidal product as referred to in Article 121 of the Act [ Vertraps by 21-11-2013]

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Article 10.4. The concept of plant protection product urgently required [ Vertraps as at 16-12-2011]

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Article 10.5. Urgently required plant protection product evaluation [ Vertraps as at 16-12-2011]

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Article 10.6. The concept of urgently required biocide [ Expired on 21-11-2013]

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Article 10.7. Biocide assessment urgently required [ Expired on 21-11-2013]

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Article 10.8. Fourth stage work programme of plant protection products and resources for organic farming [ Expandals by 16-12-2011]

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Article 10.9. Simplified extension-seat-ating biocidal products [ Vertraps by 21-11-2013]

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Chapter 11. Repealprovisions, amending provisions, transitional and final provisions

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Article 11.1. Revoke mandating decision

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The Regulation of the Minister for Agriculture, Nature Management and Fisheries of 24 December 1992, No 9218639, giving a mandate to the College for the authorization of pesticides (Stcrt. 252) is hereby repealed.


Article 11.2. Revoke Supervisory Board of Monitoring

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The State Secretary for Agriculture, Nature Management and Fisheries of 19 December 2001, no. Trcjz/2001/12365, issuing mandate to the College for the authorisation of pesticides (Stcrt. 248) shall be repealed.


Article 11.3. Amendment Baby food commodity law scheme

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Article 11.4. Amendment Detailed rules on the packaging and labelling of environmentally hazardous substances and preparations

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Article 11.5. Amendment of the Scheme for the prevention, control and monitoring of infectious animal diseases and zoonoses and TSEs

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Article 11.6. Amendment of the Rules on environmental quality requirements hazardous substances surface waters

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Article 11.7. Amendment of the arrangement with the citation title Organisation Decision VWA

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Article 11.8. Amendment of the CAP income aid scheme 2006

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Article 11.9. Transitional Law College for the authorisation of pesticides [ Expired 16-12-2011]

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Article 11.10. Transitional and professional qualification certificates [ Expandings by 16-12-2011]

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Article 11.10a. Amendment Article 6.6

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Article 11.10b. Authorisation of additives

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  • 1 The college shall issue an authorisation for an additive as referred to in Article 2 (d) of Regulation (EC) No 1107/2009, where the applicant demonstrates that the additive does not contain a formulant, as set out in Annex III of this Regulation. Regulation (EC) No 1107/2009 is incorporated.

  • 2 The College shall review an authorisation for an additive if:

    • a. the detailed rules referred to in Article 58, second paragraph, of Regulation (EC) No 1107/2009, to this effect, or

    • b. An additive consists in whole or in part of formulants set out in Annex III to Regulation (EC) No 1107/2009.

  • 3 The authorisation of an additive may be withdrawn or amended where:

    • a. indications exist that the additive may present a risk to humans, animals or the environment;

    • b. incorrect or misleading information has been provided in relation to the data on the basis of which the authorisation was issued; or

    • c. is not met with a condition in the admission.

  • 4 When the college intends to withdraw or alter an authorisation for an additive, he shall inform the authorisation holder and shall set a time limit for the submission of comments or any further information.

  • 5 The period referred to in paragraph 4 shall be as short as reasonably possible after weighing all the relevant interests concerned.

  • 6 Where there is evidence that an authorisation for an additive may lead to serious risks, the College may, in order to eliminate the risks or to limit it to an acceptable level, suspend or modify the authorisation for the duration of the additive. necessary for the decision-making process referred to in the third paragraph.


Article 11.10c. Authorisation with non-approved safeners and synergists

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  • 1 A plant protection product may be authorised, although it contains an unapproved safener or synergist, as referred to in Article 2 (3) (a) and (b) of Regulation (EC) No 1107/2009:

    • a. Until a work programme as referred to in Article 26 of Regulation (EC) No 1107/2009 is adopted, and

    • b. As long as the relevant safener or synergist is included in the work programme.

  • 2 The college shall limit the duration of an authorisation of a plant protection product as referred to in paragraph 1 to a period of five years after the adoption of the work programme referred to in paragraph 1 (a).

  • 3 The College shall review or amend an authorisation referred to in paragraph 1 according to the development of the work programme referred to in paragraph 1 (a), or by decision on the relevant safener or synergist.


Article 11.10d

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By way of derogation from Article 6.6, third paragraph, point (d) , until 1 July 2015, an agrarian entrepreneur is not required to hold a licence to control rodents by an agrarian entrepreneur on own holding for the repelling or combating of rodents on one ' s own business.


Article 11.11. Entry of

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This arrangement shall enter into force at the time of Wet protection products and biocidal products enters into force.


Article 11.12. Citation Title

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This scheme is cited as: Scheme plant protection products and biocidal products.

This arrangement will be set out in the Official Journal.

The

Minister

Agriculture, Nature and Food Quality,

G. Verburg

The

Minister

of Housing, Spatial Planning and the Environment,

J.M. Cramer


Annex I. Community measures limiting the functioning of the Directive on biohealth. [ Expired per 21-11-2013]

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Annex II. Directives which are in force in the assessment of a biocidal product [ Expired on 21-11-2013]

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Annex III. Protective factors of personal protective equipment [ Falling by 16-12-2011]

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Annex IV. Policy rules withdraw proof of professional competence [ Expestablished per 26-11-2011]

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Annex V. Recognition bodies providing proof of professional competence [ Verfalls per 26-11-2011]

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Annex VI

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A. Final terms for the teaching of proof of competence for the control of plating and wood-touch organisms

The candidate may, after having successfully taken part in the theoretical and practical examinations for this post, take part in the following functions:

  • a. The most relevant pest and wood-touch organisms, including buildings, identification and identification, and their main biological characteristics;

  • b. to read the requirements and directives on the label of a biocidal product, interpret the language and systematically look up cases of biocidal products in reference works; in addition, the candidate shall have knowledge of the mechanism of action of the most toxicological groups applied;

  • (c) demonstrate sufficient knowledge of the necessary equipment and resources and properly implement it in the proper manner;

  • (d) indicate the main work and control methods for each pest or wood-burning organism, as well as the methods for reducing the use and emission of biocidal products in this respect;

  • (e) calculate the amount of biocide required and ready for the preparation of the spray liquid or bait;

  • f. demonstrate adequate knowledge of integrated pest management;

  • g. recognize, assess and control the risks to safety, health, food safety and the environment of use of biocidal products and control methods;

  • h. Handling the prescribed personal protective equipment such as breathing protection and protective clothing, in order to combat in a safe and responsible manner;

  • i. to combat pest and wood-bearing organisms in and to carry out buildings or suitable containers by means of appropriate equipment and tools; the candidate may deal with empty packages of biocidal products; residues of biocidal products shall be kept safe (s) in compliance with applicable laws and regulations and may maintain daily use of the spraying equipment used;

  • (j) demonstrate sufficient knowledge of the main law and regulation in the field of pest management and wood-touch organisms, concerning the authorisation of biocidal products in the Netherlands and any relevant provisions concerning the authorisation of biocidal products in the Netherlands. The Housing Act is determined with regard to plating animals and the tasks of the municipalities;

  • k. provide information on control methods;

  • l. advise the client on the precautions to be taken by him prior to any control;

  • m. prepare a prevention and management plan or assess the risks relating to public health, food safety and the environment;

  • n. give advice on preventive measures in the conversion of buildings;

  • o. reporting orally, in writing or in a digital way, on the work carried out and carried out;

  • Interpreting wood damage in the right way and acting accordingly;

  • q. advise on the appropriate preventive and curative measures with regard to plating and wood-touch organisms;

  • r. to adapt his communication to the knowledge and thinking level of the client and his staff;

  • s. Apply effective communication skills; and

  • To assess the effectiveness of its own actions and opinions and, if necessary, to update them.


B. Conditions for renewal of a certificate of competence for the mastering of plating and wood-touch organisms

A certificate of proficiency for pest management and wood-touch organisms is provided by the Foundation Exams-and Certification Institute Plage Animal Prevention or the Foundation Certification Institute Plowpest Control, Environment and Science. Public health extended if:

  • a. The keeper has successfully participated in the theoretical and practical examination in which the final terms referred to in Section A of this Annex have been tested; or

  • (b) the holder has demonstrated that, during the five-year period preceding the date of application of the extension, it has carried out the control of pests and wood-bearing organisms in accordance with the applicable rules, and with good results has participated in at least 10 daily training courses provided by a body as referred to in Article 3 (2). Article 6.4, sixth paragraph .


C. Final terms for the education of the start-up licence training for the control of plating and wood-touch organisms

The candidate may, after having successfully taken part in the theoretical knowledge examination for this post, take part in the post:

  • appoint the functioning of the most important toxicological groups and associated risks;

  • b. recognize the most common pests and wood-based peat-like organisms;

  • e. Read, understand and apply labels of biocidal products;

  • d. Create the most common control methods;

  • e. safely apply the necessary biocidal products for control and use the appropriate personal protective equipment; and

  • f. Rereport in writing or digitally on work carried out by him.


D. Conditions exemption proof of competence in respect of a holder of a start-up licence as referred to in Article 3 (2) Article 6.6, part b

The holder of a launch license, as referred to in Article 6.6, part b , comply with the following conditions:

  • a. The holder participates in a pest management training and wood-based scanning organism, as intended for the purpose of Article 71, second paragraph, part a, of the Act , or has been notified for that purpose and catches it no later than 6 months after the start of the use of biocidal products referred to in Article 71 of the Act;

  • (b) the holder shall record his work on pest control and wood-bearing organisms in a logbook in which at least the place, period, quantities of biocidal products used and the conditions for use shall be provided for: method or technique used;

  • (c) the holder is in the course of his work under the guidance of a pest management manager who has at least five years a certificate of competence for controlling animal pests and wood-touch organisms, which:

    • -the person speaks on a daily basis;

    • -the person must be accompanied at least once every two weeks for a minimum of two hours; and

    • -report on that in the logbook.


E. Final terms for the teaching of the licence for the control of rodents by an agrarian entrepreneur on own holding

The candidate may, after having successfully taken part in the theoretical and practical tests to be taken for this post, take part:

  • a. recognize the different rodents and know the biology and behaviour of these animals;

  • b. explain the guidelines and the visual language on the label of a rodenticide;

  • to locate data on rodent control in reference works;

  • d. draw up a roanimal management plan;

  • e. demonstrate adequate knowledge of integrated pest management;

  • f. to give an insight into the problems of resistance;

  • g. recognize, assess and control risks to human and animal safety and animal health from specific rodenticides and control methods;

  • h. Apply all measures to prevent risks to safety and health during and after the implementation of a control;

  • i. dealing with the prescribed personal protective equipment; and

  • j. Safer the residues of biocidal products subject to applicable laws and regulations.


F. Conditions for the renewal of a licence to control rodents by an agrarian entrepreneur on own holding

A licence for the control of rodents by an agricultural operator on its own holding shall be extended by the Office of the AOC of the AOC, where:

  • a. The keeper has successfully participated in the theoretical and practical examination in which the final terms referred to in Section E of this Annex have been tested; or

  • b. The holder has demonstrated to the authority which issued the above licence that he has performed the control of rodents on his own holding in accordance with the applicable rules in the five-year period preceding the date on which the extension takes effect and, with good consequence, one day has taken part in CVT training of a body as specified in Article 6.6 (c) .


Annex VII. Final Terms for Training to Gassment Leader

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A. Gassment Leader

The applicant shall have the following knowledge:

  • (1) Background of gases:

    • • Gases

      • -From being able to explain what a gassing is and why a gassing is applied.

      • -Knowing what an ideal gas must satisfy.

      • -The concepts of sorption, adsorption, absorption and desorption are known.

      • -Know what gases are allowed in the Netherlands.

    • • Biology

      • -Knowing against which species of gas are being applied.

      • -Know the most important insects (orders) against which guests may be allowed.

      • -To know the main stock-touch and wood-touch insects.

      • -Know how these insects affect stocks and wood and recognize the damage images.

      • -The concept of diapause can explain.

    • • Gas applications

      • -determine the types of goods and products used in the gas and gas products.

      • -Import requirements by the EU and the Netherlands to produce goods and products.

      • -The EU's physosanitary requirements are broad-based.

      • -The main export requirements in relation to the gases which are provided by the United States, Canada, Mexico, Australia, New Zealand and China.

    • 2. Law and regulation

      • -To indicate what the Wet protection products and biocidal products It is intended to regulate

      • -The core point of the Wet protection products and biocidal products to be specified.

      • -To indicate what the Articles 71 , 76 , and 77 of the Act , the Articles 30 and 31 of the Decision and the Articles 6.1 , 6.2 , 6.4 , 6.5 , 6.6 , 8.8 and 8.9 include and regulate the associated annexes of this arrangement (warning signal, certificate of competence and notification of the use of methyl bromide and phosphorric hydrogen).

      • -Know what the Scheme Pesticide residues Yeah.

      • -Know some rules about the transport of containers under gas.

      • -Knowing what the concepts of 'general duty of care' are Law Transport Dangerous Substances means and 'duty of care' from the Wet protection products and biocidal products .

      • -Knowledge of:

        • -definitions of the concepts:

          • -gas measurement expert,

          • -space,

          • -measurement and declaration of gas-free

          • -(as incorporated in the design scheme).

        • -To be able to display professional competence requirements

        • -Knowing when to enter a container or space may be

        • -To determine the gases to be measured by the gas measurement expert under the different conditions.

        • -Knowing how the gas measuring expert must act when the gases are found above the maximum accepted limit value.

        • -The prohibited operation is known when warning signs and indications have been shown.

        • -The rules regarding the discharge of the gas are on the points of:

          • -capture of methyl bromide,

          • -distance requirements,

          • -remeasure and remove remnants.

      • -The rules of gas declaration of gas in respect of:

        • -issue of gas-free declaration,

        • -placing labels on the container,

        • -removal of warning signals,

        • -removal of labels.

      • -Knowing how to deal with the captured methyl bromide.

      • -Kent the method of carrying an adequate administration.

      • -Know the rules governing notification to the competent director of the VROM inspection and know how the notification is to be made.

    • 3. Safety, Health & Environment

      • -May reflect some of the obligations under the Working Conditions Act of Employer and Employee.

      • -A number of personal protective equipment can enumerate, know their application, and recognize their pictograms.

      • -Breathing protection can be shared in dependent and independent breathing protection and different types of masks can be appointed.

      • -The most important parts of a half-and full-face mask can be appointed.

      • -Knowing how to maintain the mask and what considerations are there for the use of the mask.

      • -Know under which conditions half-line masks, full-face masks, or compressed air should be used.

      • -Kent the application of the various types of filter canisters and the risk of using them.

      • -Know what the terms LD-50 (LC-50), MAC-C-value, and MAC-TGG value mean and they can apply.

      • -The concept of mixed toxicity is known under the MAC value.

      • -Knowing what the legal limit value of a substance implies.

      • -Kent the general health aspects with respect to the relevant gases (mouth, skin, respiration).

      • -Is familiar with the chemical card book and knows the most important substances to be found.

      • -Only environmental aspects can be mentioned in the application of gases as a plant protection product or biocide.

      • -Is known for explosion hazards and the concepts of LEL, 10% LEL and UEL.

      • -Kent the difference between Vol% and ppm.

    • 4. Methylbromide

      • -It is known with the main physical, toxicological and chemical properties of methyl bromide.

      • -The health risks involved in the use of methyl bromide and know how to protect against it.

      • -Kent admission in the Netherlands and is familiar with the scope.

      • -Is familiar with the statutory use requirement and instructions for use.

      • -Recognises poison symptoms and knows what measures to take in the event of incidents.

      • -the environmental risks involved in the application of methyl bromide.

      • -Can interpret the safety data sheet. Know which R and S phrases are applicable.

    • 5. Phosphorus hydrogen

      • -It is known with the main physical, toxicological and chemical properties of phosphorus hydrogen.

      • -The health risks involved in the use of phosphorric hydrogen and know how to protect itself against it.

      • -Kent admission in the Netherlands and is familiar with the scope.

      • -Is familiar with the statutory use requirement and instructions for use.

      • -Recognises poison symptoms and knows what measures to take in the event of incidents.

      • -Can interpret the safety data sheet. Know which R and S phrases are applicable.

    • 6. Sulfuryl fluoride

      • -It is known with the main physical, toxicological and chemical properties of sulfuryl fluoride.

      • -What are the health risks involved in the use of sulfuryl fluoride and know how to protect itself against it.

      • -Recognises poison symptoms and knows what measures to take in the event of incidents.

      • -Can interpret the safety data sheet. Know which R and S phrases are applicable.

    • 7. Other gases

      • -Is known with the main physical, toxicological and chemical properties of formaldehyde, chloropicrin, ammonia, carbon monoxide, carbon dioxide and oxygen.

      • -Know the health risks involved with the substances formaldehyde, chloropicrin, ammonia, carbon monoxide, carbon dioxide (and oxygen).

      • -Can interpret safety data sheets of formaldehyde, chloropicrin, ammonia, carbon monoxide, carbon dioxide (and oxygen); especially the relevant R and S phrases are of interest.

      • 8. Measuring equipment

        • -Is known using the measuring equipment to be used and knows the distinction between measuring tubes, sensors, gas chromotography and PID-meter.

        • -Kent the area of application of the equipment, and knows the shortcomings of the equipment.

        • -Is known for the maintenance and calibration of the equipment.

        • -Is aware of the sensitivity of the equipment and the influence of weather conditions on the equipment.

      • 9. Measurement strategy

        • -knows how to set up a strategy of measurement and knows what to look into when setting up the strategy.

        • -Know the concept of cross sensitivity and know in which cases cross-sensitivity may occur.

        • -He knows how to interpret the measurement data.

        • -Is familiar with the influence of weather conditions on the measurement.

        • -Is known to be recognisable to the candidate loads and can interpret cargo documents.

        • -Know what kinds of loads are often made.

      • 10. Reporting, communication and call technology

        • -Know how to fill in the gas release form and know what the main items of the form are.

        • -Is able to explain when a container or bulk clap is gas-free or not.

        • -Know how to act in case the container or bulk container cannot be given gas-free.

        • -Can deal with border situations and make the right decisions in doing so.

        • -Can deal with conflicts and work under some pressure.

      • 11. Cases

        • -Is able to interpret a number of relevant cases and explain what the manner of action of the gas measurement expert should be.

      • 12. Practice

        • -Is capable of independently conducting gas-free measurements of containers and bulk clots. In doing so, he can explain the measurement strategy he uses and can properly fill out the gas release.


B. Gas measurement expert

The candidate shall have the following skills:

Making use of the personal protective measures in the proper way

Interpret the existing documents in the correct way

Ensuring the safety of the environment

Making use of the appropriate personal protective measures

Making use of the personal protective measures in the proper way

Using the necessary equipment correctly

Read the meters and gas tubes correctly

Use the directions for use associated with the gas tubes

Interpret the results of the measurements correctly

Due to the results of the measurement

Properly fill out the necessary paperwork


Annex VIII. Quantity of plant protection products in the form of expenditure [ Expenses per 16-12-2011]

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Annex IX. Biocides-Excluded [ Vertraps by 21-11-2013]

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Annex X. Gas-shaped and gas-forming plant protection products or biocides

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Gaseous and gas-forming plant protection products or biocidal products as intended Article 8.8 of this arrangement are plant protection products or biocides containing one or more of the following substances:

  • (1) means containing ethylene oxide;

  • 2. resources containing methyl bromide;

  • 3. means of containing phosphorus hydrogen;

  • 4. the means of generating phosphorus hydrogen;

  • 5. sulphuryl-fluoride-based means.


Annex XI. Gassingen notification

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Notification Form

To send to the office of the VROM inspection in the region where the product is applied.

General:

The form shall be part of the form part of the form. The situational sets can be included on page 2 of this form.

Name and address gassing: ...

Start preparation: ..-... (date), .... hour (time)

Start of gas:-... (date), .... hour (time)

Start of degas: ..-... (date), .... hour (time)

Measurement method to be used for issuing gas release: ....

Nature and quantity of the products/goods to be used: ...

Destination of the products/goods to be used: .......

Nature of the object in which the products/goods are taken (building, container, roomy of a ship, etc.): ....

Size of the object in which guest is: .... m

Pest to be combated: ...

Gas:

Gas to be applied: methyl bromide/phosphorhydrogen/sulfuryl fluoride

Type of formulation to be applied (phosphorus hydrogen): pellets/pouch/plates/strips/...

Amount of gas to be applied (phosphorus hydrogen): .... g

Amount of gas to be applied (methyl bromide): ... kg

Name, address and telephone number. client: ....

Name, address and telephone number. executive company or service: ....

Distance object to residential buildings to be occupied during the gasification: .... metre

Distance object to place of work, where during the gasification work is: .... meter

Proof of proficiency of gas skates .... (nr), valid for .... (application code) valid until ..-...

I hereby certify that the above is true to the truth.

place: ....

date: ....

time: .. hour

Name of the gas manager: ....

signature: ...

Situation sets:

Gassing address: ...

Start preparation: ..-... (date), .... hour (time)


Annex XII. Declaration of gas release

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Declaration of Gas Free

1. To be provided to the client.

2. Send letdown to the office of the VROM inspection in the region where the agent is applied.

General:

Degassing address:

Start of degas:---(date), ..... hour (time)

End of degas:---(date), ..... hour (time)

Quantity of product used: ... kg.

Name and authorisation number used: ....., N

Name, address and telephone number principal: .....

Name, address and telephone number of business/service: .....

Name, address and telephone number of gas measurement expert: .........

Method of measurement used for issuing gas-free declaration: .....

Certificate of proficiency of the pilot/gas measurement expert :...... (nr), valid for .... (application code)

valid until ..-... (date)

The undersigned hereby declares that, by means of measurements, there is no methyl bromide/sulfuryl fluoride/sulfuryl fluoride present within the object higher than the values set in the decision to authorise the applied product and, therefore, the requirements of the declaration of gas are met.

Place:

Date; .. -...

Time: ..... hour

Name of gas measurement expert/gas measurement expert: ........

Signature gassment leader/gas measurement expert


Annex XIII. Administrative penalties

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Row No

Base

Violation

Fine in € for distributor ¹

Penalty in € for professional user

Penalty in € for non-professional user

A

2a law ²

Non-compliance of general care obligations

1.000

500

250

¹ Also includes the holder of the authorisation; read in row 40 as: manufacturer or his authorised representative.

² The relevant item in the Wet protection products and biocidal products

Row

Basis

Violation

Penalty in € for distributor

Penalty in € for professional user

Penalty in € for non-professional user

Part B. offences involving plant protection products

1.

23 EC ¹ and 19 Act

Use an active substance that has not been authorised as a plant protection product or has not been approved as a basic substance.

N/A

2.000

500

2.

28, 1 P. Member EC and 20, 1 P. Member Act

Placing on the market or use of a plant protection product not authorised in the Netherlands

2.500

2.000

1.000

3.

20, 3 P. Member Act

Having a plant protection product not authorised in the Netherlands or in stock

1.500

500

250

4.

20, 3 P. Member Act

Have or are in stock, have an unauthorised additive

500

250

50

5.

20, 1 P. Law and 55 EC

Misuse of a plant protection product or adjuvant

N/A

1.500

500

6.

22, 1 P. Member Act

Placing on the market of an authorised plant protection product, while the rules and restrictions are not correctly listed on or on or on the packaging.

1.000

N/A

N/A

7.

22, 2 P. member, law

Placing on the market or use of an authorised plant protection product, while the active substance content and the further composition, colour, shape, finish, packaging, particulars or endorsements do not comply with the requirements.

1.500

1.000

500

8.

21 Law

Placing on the market or use of seed treated with a plant protection product not authorised for that purpose in a Member State of the European Union

2.500

1.000

250

9.

20, 2 P. member, law and

49, 4 P. member, EC

Seed treated with a plant protection product in violation of the labelling rules

1.000

N/A

N/A

10.

52, 1 P. member, EC

and

20, 1 P. member, law

Without authorisation for parallel trade of a plant protection product elsewhere in the EU in the Netherlands

500

500

50

11.

52, 5 P. Member, EC and

20, 1 P. member, law

Acting in conflict with implementing regulation and the control requirements for parallel trade therein

250

250

50

12.

56, 1 P. Member EC and

20, 1 P. member, law

Failure to share relevant information on possible harmful or potentially unacceptable effects with the Ctgb

5,000,-

N/A

N/A

13.

56, 4 P. Member EC; and

20, 2 P. member, law

Omit the annual notification

500

N/A

N/A

14.

58, 1 P. Member EC and 20, 1 P. member, law

Placing on the market or use of an additive not authorised

2.000

1.000

250

15.

64 EC and 20, 1 P. member, law

Confusing packaging of added substance or plant protection product

2.000

N/A

N/A

16.

65, 1 P. Member EC and 20, 2 P. member, law

Incorrect labelling

2.000

N/A

N/A

17.

66, 1 P. , 2 P. and 4 P. Member, EC and 20, 2 P. member, law

Misleading information about the dangers of a plant protection product for humans, animals, plants or the environment, or advertising of non-authorised substances

2.000

1.500

500

18.

66.5 P. and 6 P. Member, EC and 20, 2 P. member, law

Advertising create mbv irrealistic illustrations or without pointing out the warning phrases and symbols

19.

67 EC and 20, 2 P. member, law and 7.1 , 7.3a, b, and c Rgb

Incorrect or incomplete records of plant protection products

1.000

500

N/A

20.

54 EC and 37, 3 P. member, law

Violation of a prescription or restriction, put in case of a waiver or recognition for trials and experiments

2.500

N/A

N/A

21.

53 EC and 38, 3 P. member, law

Violation of a prescription or restriction, linked to an exemption from a plant protection product for up to 120 days

1.000

1.000

500

22.

71 EC and 39 Act

In violation of a temporary restriction or temporary prohibition of placing a plant protection product on the market or use

5.000

2.500

500

23.

71, 1 P. member, law and 6.7 , Rgb

Received or have available a plant protection product without valid proof of professional competence

1.500

500

250

24.

71, 1 P. member, law and 6.7, Rgb

Use a plant protection product without valid proof of professional competence

N/A

1.500

500

25.

73, 1 P. member, law

To place a professional use of a plant protection product on the market for a customer who does not have a valid proof of competence.

1.500

N/A

N/A

26.

73, 2 P. member, law

In the case of a plant protection product not classified as suitable for non-professional use, on the market for the benefit of a user who does not have a valid proof of professional competence.

1.500

N/A

N/A

27.

73, 3 P. member, law

Not able to give proper information to customers (professional)

500

N/A

N/A

28.

73, 4 P. member, law

and 7.4 Rgb

Not able to give proper information to customers (non-professional)

500

N/A

N/A

29.

74, 2 P. member, law and Articles 7.1, 7.3a, b and c Rgb

Do not carry out administration or conduct unsound administration in the situation referred to in Article 74, second paragraph

500

250

N/A

30.

74, 2 P. member, law and 7.3d, 2 P. member, Rgb

Carry out non-authorised products

500

N/A

N/A

31.

75, 1 P. member, part c, law and 7.3d, 1st member, Rgb

Non-authorised means not to be stored separately from authorised funds

500

250

N/A

32.

78, 2 P. member, law and 26, 1 P. Member Bgb

Do not track and finalise a sound plant protection monitor after cultivation

N/A

500

N/A

33.

78, 2 P. member, law, and 27, 1 P. member, Bgb

Plant protection monitor not to show at first request

N/A

50

N/A

34.

79 Act

Infringement of a provision of good practice in the application of a plant protection product by or on the basis of an amab

N/A

500

N/A

35.

80.1 P. member, law and 27a Bgb

Use priority hazardous substances near surface water or protection zones

N/A

1.000

500

36.

78, 79, 80, 1 P. Member, 80a 1 P. Member Act and 27b Bgb

Use plant protection products where this is not authorised under Article 27b of the Bgb

N/A

1.000

N/A

37.

80, 1 P. Member Law and 29, 1 P. Member Bgb

Applying a plant protection product to an aircraft

N/A

1.500

1.500

38.

80, 1 P. member, law and 30 Bgb

To apply a gaseous or gas-forming plant protection product to a restricted area by way of derogation from the provisions of Article 30 of the Bgb

N/A

500

500

39.

80, 1 P. Law and

32 Bgb

Applying a plant protection product in violation of the notification

2.000

2.000

500

40.

80, 1 P. member, law , and Commodity law

decision machines ; Article 2, 1 P. member, in conjunction with 3, 2 P. Member, or 3a, 1 P. paragraph (a)

Article 2, 2 P. member, in conjunction with 3, 2 P. Member, 5, 1 P. paragraph (a), (b) or (c), or 6c

Article 2, 3 P. paragraph, in conjunction with Article 3a, 1 P. paragraph (b), (c) or (d), or 3b, 1 P. member, sub-a, b, c or 2 P. Member

The machinery for the application of plant protection products does not meet the safety requirements for the protection of the environment.

1,000, or 500 if the natural or legal person counts less than 50 employees on the day the offence was committed.

41.

80, 1 P. Member Act

Any other violation of a requirement on the use of vehicles, vessels, aircraft, equipment, techniques and materials pursuant to or pursuant to a.m.b.

N/A

500

250

42.

80, 2 P. member, law and 32b, 1 P. member, Bgb

Use unapproved equipment

N/A

1.000

500

43.

[ Red: expired]

44.

[ Red: expired]

45.

80a, 1 P. member, law, and 27d Bgb

Do not or do not warn against re-entry

N/A

500

N/A

46.

80a, 2 P. member, law and 32a Bgb

Cleaning packages in a bad way

N/A

500

N/A

47.

81 Act , and 11, 1 P. Member , then 31, 1 P. Member -, then, 32, 1 P. member, Bgb

Apply a means to the permit or notification without a permit or notification or contrary to regulations

500

250

48.

81 Act and 11, 1 P. Member, 31, 1 P. member and 32, 1 P. Member Bgb

Incorrect or late notification of mandatory reporting as referred to in Article 11, 31 or 32 Bgb

N/A

250

250

49.

87, 6 P. member, law

Acting in violation of a given lead or order or failure to act

2.000

1.000

500

50.

115 Act

Infringement of a provision of a contract declared universally applicable

1.000

500

N/A

51.

118 law

Infringement of a rule adopted by Community legislation or by decisions (amended), provided that the above mentioned cases have not been mentioned

1.000

500

250

¹ The relevant Article in Regulation (EC) No 1107/2009

Row No

Basis

( Wet protection products and biocidal products , Plant protection products and biocidal products Scheme plant protection products and biocidal products

Standard

Penalty in € for violation

Penalty in € for violation by distributors and admission holders

Penalty in € for violation by users applying for biocidal products in the context of the manufacture of a product, a biocidal product, or a product in which a biocidal product is processed or treated (industrial users)

Penalty in € for violation by users applying for biocidal products in the context of providing a service to third parties (professional users) and for agrarians

Penalty in € for violation by users applying biocidal products under a business, not aimed at applying a biocidal product as part of a service to third parties (business non-professional users).

Penalty in € for violation by users applying biocidal products as private individuals (non-professional users)

Part C, infringements with biocidal products

52

43, first member of the law

To place a biocidal product on the market and use it without being authorised, as provided for in Article 17 (1) of the Regulation.

2.500

2.500

2.000

2.000

1.500

250

53

43, first member of the law

Failure to comply with the conditions of the authorisation and the conditions of labelling and packaging referred to in Article 17 (5) of the Regulation.

2.000

2.000

1.500

1.500

1.000

250

54

43, first member of the law

Do not restrict the strictly necessary use of biocides, as provided for in Article 17, fifth paragraph, of the Regulation.

1.500

1.500

1.000

1.000

500

250

55

43, first member of the law

Do not inform the competent authority of the placing on the market of a product which has a national authorisation for a biocidal product family, as referred to in Article 17 (6) of the Regulation, within 30 days.

2.500

2.500

2.000

2.000

1.500

250

56

43, first member of the law

Failure to comply with the conditions governing the placing of biocidal products on the market under the simplified authorisation procedure referred to in Article 27 (1) of the Regulation.

2.500

2.500

2.000

2.000

1.500

250

57

43, first member of the law

Failure to provide relevant information on potentially dangerous effects of the authorised biocidal product or active substances contained therein with the competent authority referred to in Article 47, first paragraph, of the Regulation.

2.500

2.500

2.000

2.000

1.500

250

58

43, first member of the law

Failure to comply with the conditions for experimentation and testing, as referred to in Article 56, first and second paragraphs, shall be the Regulation.

2.500

2.500

2.000

2.000

1.500

250

59

43, first member of the law

Failure to comply with the conditions for the placing on the market of treated conditions, as referred to in Article 58, second to the sixth paragraph, of the Regulation.

2.500

2.500

2.000

2.000

1.500

250

60

43, first member of the law

Failure to comply with the conditions for avoiding animal testing as referred to in Article 62 (1) and (2) of the Regulation.

2.500

2.500

2.000

2.000

1.500

250

61

43, first member of the law

Failure to maintain data concerning biocidal products placed on the market, as referred to in Article 68 (1) of the Regulation.

1.000

1.000

500

500

250

50

62

43, first member of the law

Failure to comply with the conditions for the classification, packaging and labelling of biocidal products as referred to in Article 69 (1) and (2) of the Regulation.

2.500

2.500

2.000

2.000

1.500

250

63

43, first member of the law

Misleading labels on the authorised biocidal product, as referred to in Article 69 (2) of the Regulation.

2.000

2.000

1.500

1.500

1.000

250

64

43, first member of the law

It does not comply with the conditions for advertising of biocidal products. As referred to in Article 72, first and third paragraphs, of the Regulation

2.000

2.000

1.500

1.500

1.000

250

65

43, third member of the law

A biocidal product not authorised or not registered in the Netherlands or having a registered or non-registered biocidal product.

1.500

1.500

1.000

1.000

500

250

66

43, 4th member of the law

In violation of a temporary restriction or temporary prohibition, a biocidal product shall be put on the market, holding or use.

5.000

5.000

3.000

3.000

2.000

500

67

71, first and fourth member of the law

A biocidal product shall be received or available without valid proof of competence, although such proof is required.

1.500

1.500

1.000

1.000

500

250

68

71, first and fourth member of the law and 17a, first member of the decision

Use a biocidal product without valid proof of competence, although that evidence is required.

2.000

2.000

1.500

1.500

1.000

250

69

72, first member of the law

Prices of a biocidal product not authorised in the Netherlands.

2.000

2.000

1.500

1.500

1.000

250

70

No. 72, second member of the law

To purchase or recommend a biocidal product in violation of the rules applicable to the use.

2.000

2.000

1.500

1.500

1.000

250

71

No. 72, third member of the law

To provide misleading information about the dangers of a human, animal, plant or environmental biocide.

2.000

2.000

1.500

1.500

1.000

250

72

74, first member of the law and 7.1 , 7.3a and 7.3c of the scheme

No or no proper records shall be carried out in the situation referred to in Article 74, first paragraph, on the production, storage or transport of biocidal products not authorised in the Netherlands in the situation referred to in Article 74 (1) of the Wgb.

1.000

1.000

500

500

250

50

73

74, third member of the law and 7.3d, 1st Member of the scheme

Do not store biocides not separately authorised in the Netherlands.

1.000

1.000

500

500

250

50

74

74, third member of the law and 7.3d, second member of the scheme

Transport non-authorised biocidal products without papers.

1.000

1.000

500

500

250

50

75

75 of the Act

Incorrect or incomplete administration of biocidal products.

1.000

1.000

500

500

250

50

76

75 of the law and 25 of the Decision

Biocidal products for another use or holding without a sound administration as provided for in Article 25 of the Decision.

1.000

1.000

500

500

250

50

77

78, second member of the law

Infringement of a provision made by or pursuant to AMvB concerning the administration of the method of use of a biocidal product.

1.500

1.500

1.000

1.000

500

250

78

79 of the Act

Violation of an update or an AMvB rule on the implementation of good practice in the application of biocidal products.

1.500

1.500

1.000

1.000

500

250

79

80, first member of the law and 29, second paragraph of the Decision

Apply a biocidal product using an aircraft, whereas it is not permitted at all

2.000

2.000

1.500

1.500

1.000

250

80

80, first member of law and 29, third member of the decision and 8.7 of the scheme

Apply a biocidal product using an aircraft in violation of one or more requirements.

2.000

2.000

1.500

1.500

1.000

250

81

80, first member of the law and 30 of the Decision

To apply a gaseous or gas-forming biocide in a restricted area by way of derogation from Article 30 of the Decision.

2.000

2.000

1.500

1.500

1.000

250

82

80, first member of the law

Any other violation of a requirement set by or pursuant to AMvB concerning the use of vehicles, vessels, aircraft, equipment, techniques or materials.

2.000

2.000

1.500

1.500

1.000

250

83

81 of the Act , and 31, 1st Member , then 32, first paragraph of the Decision

Use a biocidal product without a permit or a notification or contrary to the conditions of the authorisation or notification.

2.000

2.000

1.500

1.500

1.000

250

84

81 of the Act and 31, first paragraph, and 32, 1st member of the decision

Make a mandatory notification in a bad way or late.

1.500

1.500

1.000

1.000

500

250

85

87, sixth member, of the law

In violation of a given lead or order act or fail.

2.000

2.000

1.500

1.500

1.000

250

86

115 of the Act

Infringement of a provision of a contract declared universally applicable.

2.000

2.000

1.500

1.500

1.000

250

87

118 of the Act

Infringement of a rule set out in Community legislation or decisions, if not already foreseen in the cases mentioned above.

1.500

1.500

1.000

1.000

500

250

88

75, first paragraph, of the law and 25c of the Decision

Biocides not only provide for the users or their personnel specified in the authorisation

1.000

1.000

N/A

N/A

N/A

N/A


Annex XIV. Policy rule for the criterion of agricultural technically efficient, integrated cultivation

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The criterion of an agricultural technically efficient integrated cultivation shall be defined as follows:

A crop protection problem is considered to be a bottleneck if the overall package of measures leads to:

  • a. The grower in advance because of the bottleneck makes the trade-off that it is no longer attractive to start growing;

    Example: A grower dares not to contract because of the lack of a herbicide he does not expect to reap the good quality (free from certain weed seeds);

  • b. there is a real chance that a grower decides during cultivation that it does not pay to harvest its cultivation.

    Example; The weed pressure in a crop has become so high that a grower decides to plough the crop but to plough. The additional costs of labour turnover shall not be offset by the cash yield of the product harvested;

    Example: It is no longer possible to harvest the product because it is now rotten or because sorting out the affected product is not rewarding.

  • c. the product passes through quality loss in a whole different market segment with a very different price;

    Example: Seed potatoes are deposited as consumer potatoes (for example by virus attack)

    Example 1: Appels are affected by scab making the quality such that the apples can only be processed into applesauce.

    Example 2: The canning peas are harvested as dry peas by the presence of weed seeds (black night damage)

    Example 3: Product quality is affected in such a way that the product can no longer be disposed of in the intended quality class (shift from largely Class I to largely Class II). For example, a shift from 80% in Class I to 70% in Class I is not considered to be a bottleneck, so it is a shift away from where most of the harvest falls.

  • d. it is the question of whether a grower can reasonably be required to take certain preventive or non-chemical measures if investments are involved. This is assessed as follows:

    If the majority of the companies have a particular instrument or installation, it is assumed that this is the normal situation.

    For example, if the majority of beet growers have a shear bar to combat unseasoning, we are going to assume that this is the normal situation. In case a cultivation takes place on different types of business, this will be considered by business type. Additional costs for more expensive seed, sampling, a subscription to a warning system, etc. do not constitute a reason to address a problem as a bottleneck.

In the above description, 'the grower' is not intended to be the individual grower, but rather the growers as a group. The 'teler' is a modern, integrated company rather than a company that does not have any meaning to take in order to take certain measures.

Should this effect of the criterion of agronomic efficiency not be sufficient in certain cases to determine whether a problem is a bottleneck, then the Minister of Economic Affairs shall discuss with the parties on the basis of these cases. the Convenant Sustainable Crop Protection how to deal with this.


Annex XV. Biocides assessment methods [ Expired per 28-06-2013]

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Annex XVI. Reduction intended in Article 3.7a [ Expired per 21-11-2013]

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