CHAIR OF THE COUNCIL OF MINISTERS

1

Proposal for Law No 82 /XII

PL 266/2011

2012.07.05

Exhibition of Motives

Portugal has been implementing a policy of sustainable use of products

plant protection, aiming at the reduction of risks and impacts on human health and the

environment inherent in the exercise of the activities of distribution, sale and application of the

plant protection products.

The sustainable use of plant protection products, i.e., of products that aim

protect vegetables or plant products against harmful organisms, or conserve,

destroy, limit or prevent the undesirable growth of vegetables, comprises a

set of disciplinary measures addressed to the commercial activities of distribution and

sale and application of these products. These measures are based on principles according to the

which who manipulate, sell, promote the sale, advise, store or apply products

plant protection must have appropriate and up-to-date information and knowledge

that they guarantee, at the level of their intervention, the prevention of accidents with people and animals,

the defence of public health and the protection of the environment, and are to be found in a legal framework that

comes being carried out, progressively, since the publication of the Decree-Law No 173/2005,

of October 21, as amended by the Decrees-Laws 187/2006, of September 19, and

101/2009, of May 11, which regulates the activities of distribution, sale, provision of

services of application of plant protection products and their application by users

endings.

CHAIR OF THE COUNCIL OF MINISTERS

2

It has, meanwhile, been approved Directive No 2009 /128/CE, the European Parliament and the

Council, of October 21, 2009, which establishes an action framework at the level

community for a sustainable use of pesticides.

This Directive carries a set of principles and objectives that span multiple

strands on the sustainable use of plant protection products, concretized in a

vast framework of new demands to be implemented, progressively, over time.

Such a framework of new requirements applies to all those who handle, sell and apply

plant protection products and establishes additional risk reduction measures in the

application of the products depending on the areas or areas in which the same are applied, the

carateristics of these products and the forms and means appropriate to their use, as well as the

compulsory to be instituted procedures for monitoring the use of the

plant protection products.

The present proposed law transposes to the internal legal order the Directive

n. 2009 /128/CE, of the European Parliament and of the Council of October 21, 2009,

incorporating the respective content into the prevailing national legislative framework.

In this sense, first of all, it is expected to be compulsory for all those who handle,

sell and apply plant protection products possessing appropriate training for exercise

of your activities.

Second, the need to intensify measures aimed at the reduction of the

risk and the impacts on human health and the environment arising from the application of the

plant protection products, not only in traditional agricultural and forestry farms, but,

also, in specific areas of particular vulnerability for the general population and for

the environment, and for which general measures must also be adopted

protection of the aquatic environment and water, zones those that this proposed law classifies

as urban areas, leisure areas and communication routes.

CHAIR OF THE COUNCIL OF MINISTERS

3

Third, the principle of the ban on air applications of products is introduced

plant protection, save in the cases deemed to be indispensable and as long as verified

certain conditions.

Fourth, the establishment of information disclosure mechanisms is expected.

and awareness raising, alongside monitoring actions on the use of the products

plant protection, through the elaboration of national action plans concerning the reduction

of the risks and effects of the use of these products in human health and the environment, the

development of integrated protection and alternative approaches or techniques, intended

reducing dependence on the use of plant protection products.

In the face of this new and extensive community legislative framework, which is now transposed

to the internal legal order, combined with the need to make the update of the

national scheme that has been implemented since 2005, it appears more appropriate

carry out the consolidation of the entire matter under consideration in this proposed law, with the

consequent repeal of the legislation currently in force.

The present proposal of law further proceeds to the conformation of the regime that is regulated with the

principles and standards set out in the Decree-Law No. 92/2010 of July 26, which transposed to

the internal legal planning to Directive No 2006 /123/CE, of the European Parliament and of the

Council, of December 12, 2006 on services in the internal market.

Less bureaucracy, faster procedures and easier access to the exercise of activities

make the service market more competitive, contributing to growth

economic and for the creation of employment. On the other hand, in addition to the competitiveness of the

market for services, it is still guaranteed to consumers greater transparency and

information, providing them with a wider, diversified and quality offering

top.

CHAIR OF THE COUNCIL OF MINISTERS

4

Given the specificity of the scheme now approved, compliance with the provisions of the

Decree-Law No. 92/2010 of July 26, obligated, in certain matters, to resort to the figure of the

justified administrative permission for reasons of public interest. The products

plant protection are considered as dangerous products for man, for animals and

for the environment, so, for reasons of public health, animal health, protection of the

environment, and also consumer protection, it is necessary for the handling of the

plant protection products are previously allowed to exercise their activity,

upon the fulfilment of certain requirements and safety conditions that aim at

minimize the dangers and risks inherent in the activities exerted.

It was heard the Commission on Regulating Access to Professions and promoted consultation to the

National Council of Consumption.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Object

1-A present law regulates the activities of distribution, sale and application of products

plant protection plants for professional use and adjuvants of plant protection products and

defines the procedures for monitoring the use of products

plant protection, transposing to the internal legal order the Directive

n. 2009 /128/CE, of the European Parliament and of the Council of October 21, 2009,

which establishes a community-level action framework for sustainable use

of the pesticides.

CHAIR OF THE COUNCIL OF MINISTERS

5

2-A present law, still, to the conformation of the scheme provided for in the preceding paragraph

with the discipline of the Decree-Law No. 92/2010 of June 26 laying down the

principles and the rules to simplify the free access and exercise of the activities of

services carried out on national territory, which transposed into the internal legal order to

Directive No 2006 /123/CE, of the European Parliament and of the Council, of 12 of

December 2006, concerning services in the internal market.

Article 2.

Scope of application

1-The regime on the application of plant protection products provided for in this Law

covers land and air application of plant protection products and applies to the

professional users on agricultural and forestry farms, in urban areas,

leisure areas and communication routes.

2-The regime referred to in the preceding paragraph shall also aim to ensure the minimization of the

risk of the use of plant protection products in the integrated areas in the System

National of Classified Areas, referred to in Article 9 (1) of the Decree-Law

n 142/2008 of July 24 establishing the legal regime for the conservation of the

nature and biodiversity.

3-The regime concerning the distribution, sale and application of plant protection products

provided for in this Law also applies to adjuvants of plant protection products.

4-The regime established in this Law shall not apply to plant protection products

authorized for non-professional use, which are governed by the provisions of the Decree-Law

n. 101/2009 of May 11 regulating the non-professional use of products

plant protection in domestic environment, setting conditions for its

authorization, sale and application.

CHAIR OF THE COUNCIL OF MINISTERS

6

5-Without prejudice to the provisions of the preceding paragraph, plant protection products

authorized for non-professional use may be sold in the establishments of

sale authorized under this Act.

Article 3.

Definitions

For the purposes of this Act, it shall be understood by:

a) "Adjuvants of plant protection products", the substances or preparations that

whether they are intended to be mixed with a plant protection product, as such

designated by the point d) of Article 2 (3) of the Regulation (EC)

n. º1107/2009, of the European Parliament and of the Council, of October 21 of

2009, relating to the placing of plant protection products on the market;

b) "Aircraft", the planes or helicopters prepared to carry out applications

air of plant protection products;

c) "Air application", the application of plant protection products carried out with

recourse to aircraft;

d) "Land application", the application of plant protection products through

means moving on the land surface;

e) "Applicant", the one who, on agricultural or forestry farms, in areas

urban, leisure areas and routes of communication, and in application companies

ground, carry out the handling and application of the products

plant protection;

f) "Specialized applicator", the applicator entitled to use products

specialized application plant protection, considering how such the

plant protection products that on the labels of the respective packaging

contain the indication "exclusive use by specialized applicator";

CHAIR OF THE COUNCIL OF MINISTERS

7

g) "Good phytosanitary practices", the practices set out in Article 3 (18) of the

Regulation (EC) No 1107/2009, of the European Parliament and of the Council, of

October 21, 2009;

h) "Land application company", the company providing application services

land of plant protection products;

i) "Company distributor", the singular or collective entity that proceeds to

distribution of plant protection products for the sales establishments

or other distributor companies;

j) "Air-application equipment", the apparatus, coupled to an aircraft,

intended for division and emission in the air of a broth or of any other type

of liquids in the form of drops or the application of granules;

k) "Establishment of sale", the point of sale operated by singular entity

or collective that proceeds to the sale of the plant protection products to the

professional users;

l) "Groups of vulnerable persons", the persons defined in Article 3 (14) of the

Regulation (EC) No 1107/2009, of the European Parliament and of the Council, of

October 21, 2009;

m) "Operator of sale", the professional user who in the distributor companies

or in the establishments of sale handling, advises and sells the products

plant protection;

n) "Plant Protection Products", the products as such designated by paragraph 1 of the

article 2 of Regulation (EC) No 1107/2009, of the European Parliament and of the

Council, of October 21, 2009;

CHAIR OF THE COUNCIL OF MINISTERS

8

o) "Specialized application plant protection products", the products

plant protection that on the labels of the respective packaging contain the

indication "exclusive use by specialized applicator";

p) "responsible technician", the professional user enabled to proceed and

overseeing the distribution, sale and application of plant protection products,

as well as to promote and provide advice on your

handling, safe use and phytosanitary protection of crops;

q) "Professional users", the persons who, in the exercise of their activities,

handle or apply authorized plant protection products for use

professional, in particular the responsible technicians, the sales operators and

the applicators;

r) "Routes of communication", the roads, streets, railways, paths

public, including berms and tours;

s) "Leisure areas", the areas intended for use by the general population,

including groups of vulnerable persons, in various strands, notably

parks and public gardens, children's gardens, campsites, parks and

school recreation and areas aimed at the practice of sports activities and

recreational outdoor recreation;

t) 'Urban areas', the areas of population clusters, including any

places together with educational or health care facilities,

even though contiguous to areas intended for agricultural use.

CHAIR OF THE COUNCIL OF MINISTERS

9

CHAPTER II

Safety in commercial circuits

Article 4.

General exercise requirements of distribution and sales activity

1-Only they can exercise the distribution and or sales activity of products

plant protection companies distributor companies and outlets

authorized by the Directorate General for Food and Veterinary (DGAV), pursuant to the

article 12 by stating that they dispose of:

a) Facilities appropriate to the safe handling and storage of the

plant protection products, in accordance with the provisions of the article

next;

b) A responsible technician, entitled pursuant to Rule 7;

c) At least one sales operator, enabled pursuant to Rule 8.

2-A the granting of the authorization of the exercise of distribution, sale and

provision of land application services of plant protection products, provided for in the

present law, it does not exempt those interested from assuring with the competent entities

the need for compliance with other legal requirements in respect of licensing

industrial or commercial.

CHAIR OF THE COUNCIL OF MINISTERS

10

3-Are exempt from the authorization of exercise of distribution activity to which the

n. 1 and of the remaining exercise requirements set out in this Law the providers of

distribution services of legally established plant protection products

in other Member States of the European Union or of the European Economic Area, or

in third countries, which do not have any warehouse in national territory and

provide plant protection products to distributor companies or establishments

of sale located in Portugal, and it should only present a mere communication

prior to DGAV with its identification and the express indication of the location of the

provenance warehouses of the plant protection products it distributes.

Article 5.

Operating facilities and procedures

1-Plant plant protection products shall be stored and sold in facilities

exclusively intended for these products and under the conditions authorized for these

facilities.

2-The facilities shall be designed in accordance with the constant minimum requirements

of Part A of Annex I to this Law and of which it is an integral part.

3-Distributor companies and sales establishments shall draw up,

implement and maintain, at each authorized location, a manual of procedures

operatives that are in accordance with the guidelines set out by DGAV and disclosed

on your site in the Internet , which is subject to approval by the regional direction of

agriculture and fisheries (DRAP) competent.

4-The provisions of the preceding paragraph shall be mandatory:

a) Six months after the date of the entry into force of this Law, for companies

distributors and sales establishments which, at the date of the entry into force of the

present law, hold a valid activity permit;

CHAIR OF THE COUNCIL OF MINISTERS

11

b) Six months after the date of an activity exercise permit, granted

after the date of the entry into force of this Law.

5-A DRAP proceeds to the evaluation of the manual, prowling decision within 15 days after the

your prescription, fining which, if the decision is not handed down, there is room for tacit deferral.

6-A The absence of approved manual in accordance with the provisions of paragraphs 3 a to 5 is

communicated by DRAP to DGAV and implies, up to the approval of the same, the suspension

of the granted activity permits.

7-The facilities referred to in this article shall also comply with the legislation and

regulations in force, particularly those relating to hygiene and safety in the

work, fire risk protection and storage of substances and

hazardous preparations, and in particular the provisions of the Decree-Law No. 254/2007, of 12

of July, which sets out the regime for the prevention of serious accidents involving

hazardous substances and of limitation of their consequences for man and the

environment.

Article 6.

Responsible technician

1-A promotion and the dissemination actions for sale of plant protection products

only may be carried out by the responsible technician of the authorised entity or by

technician enabled in the terms of the following article.

2-It is the duties of the responsible technician of the distributing companies or the

establishments for sale:

a) To ensure compliance with the legislation in force applicable to the marketing of and

to the management of packaging waste and surplus of plant protection products,

to safety in warehouses and establishments of sale and to the application of standards

of hygiene and safety at work;

CHAIR OF THE COUNCIL OF MINISTERS

12

b) Keep informed and updated on the established deadlines and

released by DGAV for the cessation of sale or the exhaustion of

stocks of plant protection products in marketing, or for their

use by the applicators;

c) Practise a responsible sale, pursuant to Articles 9 to 11.

d) Be available to provide correct technical information and guidance in the

sale, in promotion and in the advice of plant protection products;

e) To ensure the technically correct acting of the sales operators, as well as

promote and ensure their permanent training;

f) Elaborate and submit to the approval of DRAP the procedures manuals

operatives referred to in paragraph 3 of the preceding article, as well as to provide for their

correct implementation;

g) To immediately inform the competent DRAP about the closure or cessation

of the activity of the distributor companies or the outlets.

3-The responsible technician can only assume duties, at most, in three locations for the

which has been granted an authorization for the exercise of activity of

distribution, sale or application of plant protection products.

4-The responsible technician who carries out duties in a distribution company can only

simultaneously perform functions in sales establishments if the holder of the

respective activity exercise authorizations is the same.

5-The responsible technician may simultaneously exercise the function of adviser to

safety for the transport of dangerous goods provided that, for this, find

enabled under the provisions of the provisions of the Decree-Law No. 41-A/2010 of April 29, which

regulates land, road and rail transport, of dangerous goods.

CHAIR OF THE COUNCIL OF MINISTERS

13

6-The responsible technician shall inform the distribution, sales or business enterprises

application of plant protection products, in writing, of any situations that

can put into question compliance with the legislation and standards in force

applicable, particularly those which shall prevent the performance of their duties.

Article 7.

Habilitation of the responsible technician

1-May apply for habilitation as a responsible technician who complies, cumulatively,

the following requirements:

a) Have higher education in agrarian sciences, of which it has resulted in the acquisition

of competences in the area of plant protection;

b) Have been frequented with taking action of training in distribution,

marketing and application of plant protection products, provided for in the a)

of Article 24 (5).

2-A habilitation of the responsible coach is valid for six years, renewable by equals

periods of time, without prejudice to the provisions of paragraphs 3 and 4.

3-A as of November 26, 2013, the habilitation to the technicians is cancelled

responsible who do not voucher to have frequented with:

a) The training action referred to in the a) of Article 24 (5); or

b) The update of the training action referred to in the preceding paragraph, to be carried out after

a period of five years, counted from the date of the habilitation or the last

renewal.

4-The application for habilitation or renewal of the habilitation of responsible technician is

presented, by the means provided for in Article 64 (1), to DGAV, to which it decides on the

deadline of 10 days after the recetion of the respect for the application, fining which, if the decision is not

prowound, there is place the tacit deferris.

CHAIR OF THE COUNCIL OF MINISTERS

14

5-Without prejudice to counterordinational liability, the director-general of food and

veterinarian can cancel the habilitation of the responsible technician in the case of no

compliance with the duties provided for in this Law.

6-The provisions of the preceding paragraphs shall also apply to the responsible technicians

enabled up to the date of the entry into force of this Law.

7-Those interested in habilitation as a responsible coach who are citizens of others

Member States of the European Union or of the European Economic Area shall

to present, by the means provided for in Article 64 (1), a mere prior communication to the

DGAV, accompanied by demonstrative of its training in the Member State of origin

in plant protection products, obtained in accordance with the provisions of Directive n.

2009 /128/CE, of the European Parliament and of the Council of October 21, 2009, without

prejudice to its subordination to the remaining requirements and mechanisms of control and

supervision provided for in this Law.

Article 8.

Operator of sale

1-Can apply for habilitation as a sales operator the interested parties who have

of frequency certificate with harnessing the training action on

distribution and marketing of plant protection products provided for in paragraph a) from the

n Article 24 (6).

2-A habilitation as a sales operator is valid for a period of 10 years, renewable

for equal periods of time, without prejudice to the provisions of paragraphs 3 and 4.

3-A as of November 26, 2013, the habilitation is cancelled to the sales operators

who do not voucher to have frequented with harnessing:

a) The training action referred to in the a) of Article 24 (6); or

CHAIR OF THE COUNCIL OF MINISTERS

15

b) The update of the training action referred to in the preceding paragraph, to be carried out after

a period of nine years, counted from the date of the habilitation or the last

renewal.

4-The application for habilitation or renewal of the habilitation of sales operator is

presented, by the means provided for in Article 64 (1), to the DRAP of the realization of the

respective training action, which it decides within 10 days after the recetion of the

respects application, fining which, if the decision is not handed down, there is room for deferral

tacit.

5-The provisions of the preceding paragraphs shall also apply to the authorized operators

up to the date of entry into force of this Law.

6-Those interested in the habilitation as a sales operator who are citizens of others

Member States of the European Union or of the European Economic Area shall

to present, by the means provided for in Article 64 (1), a mere prior communication to the

DRAP territorially competent, accompanied by demonstrative of its training in the

State-Member State of origin in plant protection products, obtained in accordance

with the provisions of Directive No 2009 /128/CE, of the European Parliament and of the Council,

of October 21, 2009, without prejudice to its subordination to the other requirements and

mechanisms for control and surveillance provided for in this Law.

Article 9.

Responsible sale

1-Only plant protection products can be sold that, cumulatively:

CHAIR OF THE COUNCIL OF MINISTERS

16

a) Hold a permit for placing on the market granted by DGAV

under the Decree-Law No. 94/98 of April 15, as amended by the

Decrees-Laws No 341/98 of November 4, 377/99, of September 21,

78/2000, of May 9, 22/2001, of January 30, 238/2001, of August 30,

28/2002, of February 14, 101/2002, of April 12, 160/2002, of July 9,

198/2002, of September 25, 72-H/2003, of April 14, 215/2003, of 18 of

September, 22/2004, of January 22, 39/2004, of February 27, 22/2005, of

January 26, 128/2005, of August 9, 173/2005, of October 21, 19/2006,

of January 31, 87/2006, of May 23, 234/2006, of November 29,

111/2007, of April 16, 206/2007, of May 28, 334/2007, of 10 of

October, 61/2008, of March 28, 244/2008, of December 18, 87/2009, of

April 3, 240/2009, of September 16, 44/2010, of May 3, 106/2010, of

October 1, 24/2011, of January 11, 80/2011, of June 20, and 37/2012,

of February 16, concerning the placing on the markets of the products

plant protection, or of Regulation (EC) No 1107/2009, of Parliament

European and of the Council of October 21, 2009;

b) Meet in accordance with the provisions of the Decree-Law No 82/2003,

of April 23, amended and republished by the Decree-Law No. 63/2008, 2 of

april, which approves the Regulation for Classification, Packaging, Labelling and

Safety Data sheets of Hazardous Preparations, or in the Regulation

(EC) No 1272/2008, of the European Parliament and of the Council, of 16 of

december 2008, pertaining to the classification, labelling and packaging of

substances and mixtures.

2-Plant plant protection products can only be sold to anyone who is higher-age

and be properly identified.

CHAIR OF THE COUNCIL OF MINISTERS

17

3-Plant plant protection products can only be sold by sales operator or

by responsible technician, owing these, in the act of sale:

a) Alert the buyer to the possible risks that the products present to

the man, for domestic animals, for other non-target species and for

the environment;

b) Informing the buyer about the precautions to be taken into consideration to avoid the

risks referred to in the previous subparagraph;

c) Advising the buyer on the most correct conditions for the use, the

transport and storage of the products, as well as on the procedures

appropriate relating to packaging waste and surplus products

plant protection;

d) Inform the buyer, if it is the case, of the set date set and disclosed

by DGAV to which the plant protection product can be used by the

applicator.

4-Without prejudice to the provisions of the following number, as of November 26, 2015, only

it is permitted to sell plant protection products to habilitated applicators that if

present identified, in accordance with Article 25.

5-The provisions of the preceding paragraph shall not apply to the sale of plant protection products

authorized for non-professional use, which is governed by the provisions of the Decree-Law

n. 101/2009, of May 11.

6-Only the sale of a specialized application plant protection product is permitted

applicator specialized in the application of that product, as mentioned in its

identification, in accordance with Article 25 (2).

CHAIR OF THE COUNCIL OF MINISTERS

18

7-A The sale of plant protection products is only allowed in closed packaging and

inviolates, as they present in their commercial form, and counselling and

sale of the plant protection products shall be made in accordance with the conditions of

use expressed on the label of the respects packaging, or in accordance with the

constant orientations of publications emanating from or recognized by DGAV,

including the codes of conduct referred to in Article 48 (1).

8-The holders of the establishments for the sale of plant protection products are

jointly and severally liable, in the general terms of law, for the acts of sale

practiced in their establishments, particularly by the sale to minors,

by the sale not carried out by the sales operator or by responsible technician and by the

sale to those who do not present themselves identified.

Article 10.

Records of the sale

1-In the sales establishments, the seller of the plant protection products shall

record, including in the supporting document of sale, the authorization number of

activity exercise, the date, the name of the buyer, the trade name and the number of

product sales authorization, the respective quantities and the lots and, if the case is, the

identification number of the specialized applicator.

2-A as of November 26, 2015, in addition to the elements referred to in the number

previous, the seller shall record the identification number of the applicator.

3-The outlets shall also carry out the registration of the products

plant protection that are provided to them by providers of distribution services

of plant protection products operating in accordance with Article 4 (3),

notably the date of supply, the identification of the distributor, the name

commercial and the number of sales authorisation of those products, the respective

quantities, lots and provenance of provenance.

CHAIR OF THE COUNCIL OF MINISTERS

19

4-The sales establishments shall keep the records referred to in the figures

previous for a minimum period of five years.

Article 11.

Records of distribution

1-Distributor companies must register, including in the supporting document of

distribution, your activity-exercise authorization number, the date, the

denomination and the company's activity exercise authorization number

distributor or the establishment of sales receivers of the plant protection products,

the trade name and the number of sales authorisation of those products, the

respective quantities and the lots.

2-Distributor companies shall also carry out the registration of products

plant protection provided by providers of product distribution services

plant protection operators operating in accordance with Article 4 (3), notably the date

of supply, the identification of the distributor, the trade name and the number of

authorization to sell those products, the respect quantities, the lots and the

provenance warehouse.

3-Distributor companies shall keep the records referred to in the preceding paragraphs

for a minimum period of five years.

Article 12.

Procedure for authorization of distribution and sales activities

1-The application for a permit for the exercise of distribution and or sales activities

of plant protection products is presented, by the means provided for in Article 1 (1)

64., to the territorially competent DRAP.

CHAIR OF THE COUNCIL OF MINISTERS

20

2-The application shall contain and is instructed with the following elements:

a) The name or denomination, the abode or registered office, the tax identification number and,

if applicable, the excerpt in simple form of the content of the inscriptions in force in the

commercial registration or the code of permanent certificate of commercial registration;

b) The location of the facilities for the warehouses and the establishments of

sale, which comply with the provisions of Article 5;

c) Statement of the responsible technician of acceptance of the function in the company and

proof of your habilitation;

d) The identification of the operators of sale and proving their habilitation;

e) The applicant's statement in how he became aware of the need for the

building or the fray where it will install the warehouse or the establishment have

authorization of use compatible with the activity to be exercised.

3-Companies owning a network of warehouses or outlets

may submit a single application for permission, subject to the provisions of paragraphs 7

and 9.

4-A evaluation of the application and the verification, through survey, of the fulfilment of the

foreseen requirements for the facilities are effected by DRAP, which refers the report

with your opinion to DGAV within 30 days.

5-The time frame referred to in the preceding paragraph is suspending if no of the

elements provided for in paragraph 2, going back to running from the day on which the applicant

present all the missing elements.

6-A DGAV decides on the application within 15 days after the recetion of the elements

referred to in paragraph 4 and communicates the decision to DRAP, which notifies the applicant.

CHAIR OF THE COUNCIL OF MINISTERS

21

7-Without prejudice to the provisions of paragraph 5, decorated 45 days of the presentation, by the applicant,

of the application instructed in accordance with the provisions of paragraph 2 without being handed a decision there is

place the tacit deferris.

8-Deinjured the application, is issued, by DGAV, an activity exercise permit

for each place of sale and for each warehouse.

9-Verifying the provisions of paragraph 7, the copy of the application for authorization for the financial year

of the distribution activities and or of sale of instructed plant protection products

pursuant to the provisions of paragraph 2, accompanied by the demonstratives of its submission

to territorially competent DRAP and payment of respect fees, is worth as

authorization of exercise of activity for all legal effects.

10-Any change in the information set out in the elements referred to in paragraph 2,

including the replacement of the responsible technician, or the conditions of the facilities

approved, must be previously communicated to the DRAP respecting, which may effector

supplemental assessment surveys, giving them knowledge to DGAV,

applying for the procedure provided for in paragraphs 4 a to 7.

11-Any aggregation of new warehouses to the distributor companies or the

outlets shall be subject to the authorisation provided for in paragraphs 8 and 9.

12-No transfers from the title of the exercise authorisations are permitted

distribution activity and sale of plant protection products that meet

granted until the date of entry into force of this Law, unless they are

met the requirements set out in this Article, in particular in respect of

to the conditions of the installations set out in Part A of Annex I.

CHAIR OF THE COUNCIL OF MINISTERS

22

Article 13.

Validity, renewal and cancellation of authorisations

1-The exercise authorizations of the distribution and sales activities of products

plant protection are valid for 10 years, renewable for equal periods of time.

2-The period of validity referred to in the preceding paragraph shall apply to the authorisations of

exercise of the distribution and sales activities of plant protection products

valid at the date of the entry into force of this Law and account for from the date of its

concession.

3-With the minimum advance of one year in respect of the date of validity of the permit,

the territorially competent DRAP should officiously promote its renewal,

checking, through survey, if the conditions that have been maintained are maintained

authorisation in force.

4-Mediant opinion favorable by DRAP, to be issued within 30 days after the realization of the

survey, DGAV decides on the renewal of the authorizations granted, within

15 days, fined which, if the decision is not handed down, there is room for tacit deferris, and

communicates the decision to DRAP, which notifies the applicant.

5-A DGAV issues a renewal of the activity exercise authorization for each location

of sale and for each warehouse.

6-In case no survey is carried out until the expiry date of the permit, by

fact not attributable to the holder of the permit, the authorisation is renewed

automatically.

7-Without prejudice to counterordinational liability, the director-general of food and

veterinarian may cancel the authorization of exercise of the distribution activities and of

sale of plant protection products granted in the case of non-compliance, by the

holder of such authorization, of the duties provided for in this Law.

CHAIR OF THE COUNCIL OF MINISTERS

23

Article 14.

Mandatory affixing

It is mandatory to affix the authorizations for the exercise of the activities granted to the

article 12, as well as the identification of the responsible technical respect, in place

visible in the establishment of distribution or sale.

CHAPTER III

Safety in the application of plant protection products on agricultural holdings and

forest and land application companies

SECTION I

General restrictions on the application of plant protection products

Article 15.

General restrictions on application in agricultural and forestry farms and businesses

of land application

1-It is prohibited, on the whole of national territory:

a) The application of plant protection products not authorised by DGAV;

b) The application of plant protection products that does not respect the indications and

conditions of use expressly authorized under Articles 51 or

53. of Regulation (EC) No 1107/2009, of the European Parliament and of the

Council, of October 21, 2009;

c) The application of plant protection products that does not respect the indications and

conditions of use authorized and expressed on the label of the respects

packaging, save when they are in cause indications and conditions of

use of plant protection products authorised and disseminated by DGAV

on your site of the Internet that, for legal reasons, still do not build on the label of the

packaging of plant protection products.

CHAIR OF THE COUNCIL OF MINISTERS

24

2-Air application of plant protection products on agricultural holdings is prohibited and

forest, save in the situations provided for in articles 35 to 47.

3-A As of November 26, 2013, plant protection products can only be

applied, including for experimental and scientific purposes, by habilitated applicators and

as such identified, in accordance with Article 25.

4-The provisions of the preceding paragraph shall not apply to the application of products

authorized plant protection for unprofessional use, which is governed by the provisions of

in Decree-Law No. 101/2009 of May 11.

5-A The application of plant protection products must compulsorily comply with the provisions:

a) In Decree-Law No. 382/99 of September 22, amended by the Decree-Law

n 226-A/2007 of May 31 laying down the standards and criteria for the

delimitation of perimeters of protection of groundwater caps

intended for the public supply;

b) In Law No. 58/2005 of December 29, amended and Republican-made by the Decree-Law

n ° 130/2012 of June 22 approving the Water Act, in particular in what

respects the measures to protect water abstractions and conditioners to be adopted

in the maximum infiltration zones;

c) In Decree-Law No. 107/2009 of May 15, amended by the Decree-Law

n ° 26/2010 of March 30 establishing the protection regime of albufairs

of public service public water and lagoons or public water lakes;

d) In Law No. 54/2005 of November 15, which establishes the title of the

water resources, with respect to the protection of integrated areas in the field

water.

CHAIR OF THE COUNCIL OF MINISTERS

25

Article 16.

Rules and measures to reduce risk in the application of plant protection products

1-A decision making and the application of plant protection products by the user

professional must:

a) Observe good phytosanitary practices, giving preference to products

plant protection plant that present lower toxicological dangerousness,

ecotoxicological and environmental;

b) Respect the indications and conditions of use authorised, in the terms of

points b ) and c) of paragraph 1 of the preceding Article, particularly in relation to crops,

to agricultural products, doses and concentrations and other conditions of

use, the number of treatments, the times of application and precautions

biological, toxicological and environmental, including risk reduction measures

and the use of appropriate personal protective equipment (PPE);

c) Ensure that, in the usual exercise of the activity, it is effected or secured to

calibration and technical verification of equipment in use, with

regularity, without prejudice to the inspection regime for equipment in the

terms of the applicable law;

d) As of January 1, 2014, follow the principles of integrated protection

constants of Annex II to this Law and of which it is an integral part.

2-In the application of plant protection products must, as yet, be taken

risk reduction measures:

a) Be given preference to the use of equipment and devices of application or

application techniques that minimise the possible knock-on of the broth of the

plant protection products to be applied;

CHAIR OF THE COUNCIL OF MINISTERS

26

b) Be previously determined a place, together from the area where the product is going to be

applied, which meets the minimum security conditions, set out in the Annex

III to this Law and of which it is an integral part, where it can be made a

handling and preparation of the product's broth, and the cleaning of equipment

of application after its use;

c) Be consulted to DRAP of the area on the location of the apiaries, by the means

provided for in Article 64 (1), so that those responsible for the application

communicate to beekeepers, in advance of at least 24 hours

regarding the application, the need for these to ensure the protection of the

apiaries situated up to 1500 meters from the parcel to be treated, particularly when

are applied hazardous products for bees.

3-In the sowing with seeds treated with plant protection products must be

followed the conditions of use and constant toxicological and environmental precautions

of the respects labels, packaging or documents that compulsorily accompany

the seed, referred to in Article 25 of the Decree-Law No 88/2010 of July 20, amended

by Decree-Law No. 122/2012 of June 19, which regulates production, control,

certification and marketing of seeds of agricultural and horticultural species.

Article 17.

Records of the applications of plant protection products

All applicators shall perform and maintain for at least three years, the registration of

any treatments carried out with plant protection products on national territory,

including, inter alia, the reference to the trade name and the authorisation number of

sale of the product, the name and number of activity authorization of the activity of the

establishment of sale where the product was purchased, the date and the dose or concentration and

volume of calda of the application, the area, cultures and enemy's respect, or other purpose for

that the product was used.

CHAIR OF THE COUNCIL OF MINISTERS

27

SECTION II

Access to the activity of application of plant protection products

Article 18.

Applicator of plant protection products in general

1-A As of November 26, 2013, the applicator of plant protection products shall

have proven habilitation by:

a) Certificate of frequency with harnessing the training action on

application of plant protection products provided for in point b ) of the Article 6 (6)

24. º; or

b) Higher or technical-professional level training, in the agricultural or forestry area

that, at the very least, demonstrate the acquisition of skills on the subject-themed

constants of the training action referred to in the preceding paragraph.

2-A as of November 26, 2013, the entitlements granted to the

shelter of the legislation repealed by the letter b) of Article 70, to the applicators who, until

to that date, do not prove to have habilitation in the terms provided for in the number

previous.

3-A habilitation referred to in paragraph a) of paragraph 1 is required to the DRAP of the area of achievement of the

respects training action, upon request formulated by the person concerned,

preferentially in the act of application to formative action.

4-A habilitation referred to in paragraph b) of paragraph 1 is required to the DRAP of the area where the

interested primarily aims to exercise their activity, by the means provided for in the

n Article 64 (1).

5-A habilitation as an applicator is valid for 10 years, renewable for equal periods of

time.

CHAIR OF THE COUNCIL OF MINISTERS

28

6-The period of validity referred to in the preceding paragraph shall apply to the applicators who

meet the provisions of paragraph 1 and find themselves enabled by November 26, 2013

and it is realized from the date of its habilitation.

7-For the purpose of renewal of the habilitation, the applicator shall have a certificate of

frequency with harnessing the action of update formation in application of

plant protection products, provided for in the b ) of Article 24 (6), to be held after

a period of nine years, counted from the date of the habilitation or the last renewal.

8-In the alternative to the forms of habilitation provided for in points a) and b ) of paragraph 1, the applicator

with age exceeding 65 years at the date of the entry into force of this Law may acquire the

habilitation of applicator if it proves to have obtained harnessing in proof of

knowledge, to be carried out in accordance with Article 24 (8), on thematics

constants of the training action provided for in the paragraph b ) of Article 24 (6).

9-A habilitation referred to in the preceding paragraph is required pursuant to paragraph 4 and is valid

for 10 years, renewable for equal periods of time, after new proof of

knowledge to be carried out during the ninth year of the habilitation or the last renewal.

10-Those interested in habilitation as applicators who are citizens of other States-

Members of the European Union or of the European Economic Area shall submit,

by the means provided for in Article 64 (1), a mere prior communication to DRAP

territorially competent, accompanied by the demonstrative of its training in the

Member state of origin on application of plant protection products, obtained in

compliance with the provisions of Directive No 2009 /128/CE of the European Parliament and

of the Council, of October 21, 2009, without prejudice to its subordination to the remaining

requirements and mechanisms for control and surveillance provided for in this Law.

CHAIR OF THE COUNCIL OF MINISTERS

29

Article 19.

Procedure for authorization of the activity of provision of application services of

plant protection products by land application companies

1-The exercise of the activity of provision of land application services of products

plant protection is authorised to the companies that are proven to have:

a) Facilities that comply with the provisions of Article 5 (1) and (2), as well as

equipment appropriate to the application of those products;

b) At least one responsible technician entitled under Rule 7;

c) Habilitated applicators;

d) A valid insurance contract, in accordance with the forecast at the Portaria

n ° 1364/2007 of October 17 regulating the compulsory insurance of

civil liability for land application companies of products

plant protection, or equivalent guarantee, pursuant to paragraphs 2 and 3 of the article

13. of the Decree-Law No. 92/2010 of July 26.

2-The application for authorisation shall be submitted to the territorially competent DRAP by the

means provided for in Article 64 (1).

3-The application for authorisation shall contain and is instructed with the following elements:

a) The name or denomination, the abode or registered office and the tax identification number

and, if applicable, the excerpt in simple form of the content of the inscriptions in force in the

commercial registration or the code of the permanent certificate of commercial registration;

b) The location of the facilities;

c) Statement of the responsible technician of acceptance of the function in the company and

proof of your habilitation;

d) The identification of the applicators and demonstratives of their habilitation;

CHAIR OF THE COUNCIL OF MINISTERS

30

e) Listing and caraterization of product application equipment

plant protection and personal protective equipment, depending on the

plant protection products to be used;

f) The type of applications of plant protection products that are intended to be effecting;

g) Copy of the policy of civil liability insurance;

h) The applicant's statement in how he became aware of the need for the

building or fraction where it will install the warehouse have the authorization of

use compatible with the activity to be exercised.

4-A DRAP assesses the application and DGAV proffers decision on the same, applying,

with the necessary adaptations, the procedures referred to in paragraphs 4 a to 9 and 11 of the article

12., competing for DGAV to issue the activity-exercise authorization.

5-Any change in the information set out in the elements referred to in paragraph 3,

including the replacement of the responsible technician, or the conditions of the facilities

approved, must be communicated in advance, by the means provided for in paragraph 1 of the

article 64, to the DRAP respecting, which informs DGAV, applying for the provisions of paragraph 10

of Article 12.

6-The exercise authorisations of the provision of land application services

of plant protection products are valid for 10 years, renewable for equal periods

of time, applying, with the necessary adaptations, the procedures for renewal

and cancellation of the authorizations provided for in Article 13 (2 a) (7).

7-The premises of land application companies shall also comply with the

provisions laid down in the legislation referred to in Article 5 (7).

CHAIR OF THE COUNCIL OF MINISTERS

31

Article 20.

Duties of the responsible technician in the land application companies

1-Without prejudice to the provisions of Article 29, the decision making of product application

plant protection, the selection of the products to be applied and techniques of application, the doses to

use and the observance of the conditions of use of the products are the responsibility

of the technician responsible for the service of the land application companies and must comply with the

provisions of Articles 15 to 17.

2-Are, still, duties of the responsible technician:

a) To ensure compliance with the current legislation on the application of products

plant protection and safety in its storage and the application of standards of

hygiene and safety at work;

b) To ensure compliance with good phytosanitary practices and other guidelines

techniques emanating from the official services;

c) To ensure the technically correct acting of product applicators

plant protection that act under its supervision, as well as promote and

ensure its permanent training;

d) To ensure the protection of applicators, of the workers entering the areas

treated, from odd people to treatment and from domestic animals that can

be exposed to the applied plant protection products as well as by the correct

application of toxicological, ecotoxicological, environmental and biological precautions

established for such products;

e) Ensure that equipment for the application of plant protection products is

find guarded in appropriate places and for the proper maintenance of these

equipment in use, in particular, by compliance with the regime of

mandatory inspection of equipment;

CHAIR OF THE COUNCIL OF MINISTERS

32

f) Inform your employer, in writing, of any situations that

can put into question compliance with the legislation and standards in force

applicable, particularly those which shall prevent the performance of their duties;

g) To immediately inform the competent DRAP about the closure or cessation

of the company's activity.

3-The responsible head coach must, still, ensure that records are made of all the

phytosanitary treatments carried out with plant protection products, including,

notably, the elements referred to in Article 17, which shall be kept together

of its employing entity for at least three years.

Article 21.

Mandatory affixing in application companies

It is mandatory to affix the authorizations for the exercise of activity granted to the shelter

of Article 19, as well as the identification of the responsible technical respect, in visible place

of the respective facilities.

Article 22.

Specialized applicator

1-The application for habilitation as a specialized applicator is presented, by the means

provided for in Article 64 (1), to DGAV, accompanied by a demonstrative that

has the frequency certificates with harnessing the training actions of

specialized application of plant protection and application products

plant protection provided for, respectively, in Article 24 (5) and (6).

2-A DGAV decides on the application for habilitation within 10 days after the recetion of the

elements referred to in the preceding paragraph, finless which, if the decision is not handed down, there is

place of tacit deferration, notifying the applicant.

CHAIR OF THE COUNCIL OF MINISTERS

33

3-A habilitation to be granted circumscribing to the application of the product or groups of products

that were the subject of the acquired formation.

4-A habilitation as a specialized applicator is valid for 10 years, renewable by equals

periods of time.

5-For the purpose of renewal of the habilitation, the specialist applicator must have

frequency certificate with harnessing the respective training action of

update on specialized application, to be carried out after a period of nine years,

counted from the date of the habilitation or the last renewal.

6-Those interested in the habilitation as specialized applicators who are citizens of

other Member States of the European Union or of the European Economic Area

shall present, by the means provided for in Article 64 (1), a mere

prior communication to DGAV, accompanied by demonstrative of its training in the

Member state of origin on application of plant protection products obtained in

compliance with the provisions of Directive No 2009 /128/CE of the European Parliament and

of the Council, of October 21, 2009, without prejudice to its subordination to the remaining

requirements and mechanisms for control and surveillance provided for in this Law.

SECTION III

Storage of plant protection products

Article 23.

Storage of plant protection products on agricultural holdings or

forest

In agricultural or forestry farms, plant protection products must be

stored in installations designed in accordance with the constant minimum requirements

of Part B of Annex I and handled safely, so as to avoid accidents with

people and animals and the contamination of the environment.

CHAIR OF THE COUNCIL OF MINISTERS

34

CHAPTER IV

Training and identification

Article 24.

Certification of trainer entities, training courses and proof of

knowledge

1-A certification of the forming entities that will administer the courses concerning the training

agri-food and rural professional referred to in this Law shall be regulated by the portaria to which

refer to Article 16 (2) of the Decree-Law No. 396/2007 of December 31, being

the competent entity for the certification to DGAV.

2-There may still be other specific requirements, in addition or in

derogation from the requirements set out in the portaria referred to in Article 16 (2).

of the Decree-Law No. 396/2007 of December 31, upon poring of the member of the

Government responsible for the area of agriculture.

3-Compete à DGAV, pursuant to regular in portaria of the member of the Government

responsible for the area of agriculture, promote the creation of the courses and define the

programs and the structured thematic contents in modules and training units,

owing the training actions provided for in paragraphs 5 and 6 to focus on the thematic

constants of Annex IV to this Law and of which it is an integral part, which are

selected, for each formative action, taking into account the roles and responsibilities

of the recipients of each course provided for in this Law.

4-A certification of formative entities by DGAV, whether express or tacit, is

communicated, within 10 days, to the competent central office of the ministry

responsible for the area of vocational training.

CHAIR OF THE COUNCIL OF MINISTERS

35

5-It is communicated in advance to DGAV, by the means provided for in Article 64 (1), to

realization of the following training actions and respect actions actions:

a) Distribution of distribution, marketing and application of products

plant protection, intended for technicians;

b) Specialized application training action of plant protection products,

intended for applicators.

6-It is communicated in advance to the territorially competent DRAP by the means

provided for in Article 64 (1), the realization of the following training actions and

respects update actions:

a) Distribution of distribution and marketing of products

plant protection, intended for sales operators;

b) Action for the training of application of plant protection products, intended for

applicators.

7-The contents of the mere prior communications referred to in paragraphs 5 and 6 shall be governed by the

would porterie referred to in paragraph 2.

8-For the purpose of the provisions of Article 18 (8), proof of knowledge shall comply with the

structure and evaluation methodology defined by dispatching the director-general of

food and veterinary, and is carried out by public or private entities after appearing

favorable of territorially competent DRAP.

CHAIR OF THE COUNCIL OF MINISTERS

36

Article 25.

Identification of responsible technician, sales operator and applicator

1-To the responsible technician and the specialist applicator enabled in the terms provided for

in Articles 7 and 22, respectively, an identification card is assigned

personalized, issued by DGAV.

2-A The identification of specialized applicator makes mention of the product or groups of

specialized application plant protection products that the holder is entitled to

apply.

3-A identification as responsible technician habilitated or specialist applicator confers

also to its holder the quality of applicator enabled, being equivalent to the

identification referred to in paragraph 5.

4-It is assigned to the operator of sale entitled under Article 8 a card of

personalized identification, issued by the territorially competent DRAP.

5-For the purposes of proving the quality of applicator, it is assigned to the applicator

enabled under Article 18, a personalized ID card issued by the

respects DRAP.

6-For the purpose of the provisions of the preceding paragraph, they shall also be considered as

applicators enabled and identified the certified agricultural air operators,

referred to in Article 43.

7-Identification cards provided for in this article are subject to

constraints of emission, validity and use and comply with defined models

by dispatch of the director-general of food and veterinarian, published in the 2 th grade of the

Journal of the Republic .

CHAIR OF THE COUNCIL OF MINISTERS

37

CHAPTER V

Safety in the application of plant protection products in urban areas, areas of

leisure and communication routes

Article 26.

Entities authorised to apply plant protection products

1-They can only apply plant protection products in urban areas, leisure areas and routes of

communication:

a) The land application companies referred to in Article 19; or

b) The entities holding the authorisation referred to in Articles 27 and 28.

2-With the exception of the provisions of Articles 27, 28 and 65, to the holders of the authorisation

referred to in paragraph a) of the preceding paragraph shall apply to the provisions of this Chapter always

that apply plant protection products in urban areas, leisure areas and routes of

communication.

3-Are covered by the provisions of the paragraph b) of paragraph 1 the private entities and the entities

that, to any title, belong to the direct and indirect administration of the State, to the

local administration and the autonomous regional administration.

Article 27.

General requirements of the authorisation

1-A activity of application of plant protection products in urban areas, areas of

leisure and routes of communication, by public or private entities having services

own that they proceed to the application of plant protection products without recourse to

hiring of land application companies, is authorised upon proof of

that such entities dispose of:

a) Facilities that comply with the provisions of Article 5 (1) and (2);

CHAIR OF THE COUNCIL OF MINISTERS

38

b) Appropriate equipment of individual protection depending on products

plant protection to use;

c) Appropriate application equipment for the intended use;

d) At least one responsible technician entitled under Rule 7;

e) Applicators enabled under Art. 18 (1) or Article 22.

2-It shall also apply to the facilities the provisions of Article 5 (7).

Article 28.

Procedure of authorisation

1-The application for authorisation shall be filed with the territorially competent DRAP,

by the means provided for in Article 64 (1).

2-When entities have services that proceed to the application of products

plant protection agents who act and or have their warehouses installed outside the area of

DRAP competent, the application for authorisation shall expressly identify those

services and locals, being the respected processes referred to by that DRAP to the rest

DRAP involved, for evaluation.

3-The application for authorisation shall be accompanied by the following elements:

a) The name or denomination, the abode or registered office and the tax identification number

and, if applicable, the excerpt in simple form of the content of the inscriptions in force in the

commercial registration or the code of permanent certificate of commercial registration;

b) The identification of the services that proceed to the application of products

plant protection and abode morphing;

c) The location of storage facilities for plant protection products;

d) Declaration of acceptance of the function in the entity and demonstrator of the habilitation

of the responsible technician;

CHAIR OF THE COUNCIL OF MINISTERS

39

e) The identification of the applicators and demonstratives of their habilitation;

f) Listing and caraterization of product application equipment

plant protection and personal protective equipment, depending on the

plant protection products to be used;

g) The type of applications of plant protection products to be effecting.

4-A DRAP assesses the application and DGAV proffers decision on the same, applying,

with the necessary adaptations, the procedures laid down in paragraphs 4 a to 9 and 11 of the article

12., competing for DGAV to issue the activity-exercise authorization.

5-Any change in the information set out in the elements referred to in paragraph 3,

including the replacement of the responsible technician, or the conditions of the facilities

approved, must be communicated in advance, by the means provided for in paragraph 1 of the

article 64, to the DRAP respecting, which informs DGAV, applying for the provisions of paragraph 10

of Article 12.

6-The exercise authorisations of the provision of land application services

of plant protection products are valid for 10 years, renewable for equal periods

of time, applying, with the necessary adaptations, the procedures for renewal

and cancellation of the authorizations provided for in Article 13 (2 a) (7).

Article 29.

Duties of the responsible technician

1-In urban areas, leisure areas and communication routes, the decision to apply

plant protection products, the selection of the products to be applied and techniques of application, the

doses to be used and the observance of the conditions of use of the products are from the

responsibility of the technician responsible for the service of the land application companies

or of the entities authorized under the previous article, and must take into account the

provisions of Articles 31 to 33.

CHAIR OF THE COUNCIL OF MINISTERS

40

2-It is the duties of the responsible technician:

a) Those provided for in Article 20 (2);

b) To ensure that the records referred to in the following article are effected.

Article 30.

Records of applications

Records must be made of all phytosanitary treatments carried out with

plant protection products in urban areas, leisure areas and communication routes in

national territory, including, inter alia, the elements referred to in Article 17, which

shall be retained with the entity responsible for the application during at least three

years.

Article 31.

General restrictions on the application of plant protection products

1-In the application of plant protection products in urban areas, leisure areas and routes of

communication:

a) Only authorised and realised plant protection products can be applied

applications of plant protection products that comply with the provisions of paragraph 1 of the

article 15 and in the b) and c) of Article 16 (1);

b) The provisions of the legislation referred to in Article 15 (5) shall be complied with;

c) Aerial application of plant protection products is prohibited, save in cases

excecional, in the terms provided for in Article 39 (8) and Article 40.

2-A application of plant protection products in urban areas, leisure areas and routes of

communication can only be carried out by enabled applicators, identified in the terms

of Article 25.

CHAIR OF THE COUNCIL OF MINISTERS

41

Article 32.

Reduction of risk in application in urban and leisure areas

1-Without prejudice to the provisions of the following number, in urban and leisure areas is prohibited to

application of plant protection products classified as "Very toxic" (T +),

"Toxic" (T), "Sensitizers" (Xi) or "Corrosives" (C), in compliance as the

provisions of the Decree-Law No. 82/2003 of April 23, as amended by the Decree-Law No

63/2008, of April 2.

2-No. The provisions of the preceding paragraph shall apply when the application permit is

granted under Article 53 of the Regulation (EC) No 1107/2009 of Parliament

European and Council, of October 21, 2009, to deal with a danger

unpredictable that it cannot be countered by other means.

3-In urban and leisure areas, plant protection products should only be used when

there are no other viable alternatives, namely mechanical combat means and

biological.

4-In the applications of plant protection products in urban and leisure areas must be:

a) Given preference to plant protection products that do not contain substances

active substances included in the list of priority hazardous substances, established by the

Decree-Law No. 77/2006 of March 30, amended by the Decree-Law

n. 103/2010 of September 24;

b) Given preference to low-risk plant protection products or that

present minor toxicological, ecotoxicological and environmental dangerousness and that

do not require additional private measures of risk reduction for man or

for the environment;

CHAIR OF THE COUNCIL OF MINISTERS

42

c) Given preference to the use of equipment and devices of application or

application techniques that minimise the knockout of the calda of products

plant protection to apply;

d) Given particular attention to the location of rainwater collectors and or

residual, disrupting the application of the product in the surrounding area so as to

prevent the entry of broth into the collectors;

e) Assured that they are previously affixed notices, in a well-visible manner, together with

area to be treated, which indicate with clarity the treatment to be carried out, the date from the

how to allow access to the treated location, established according to the range

of re-entry or, at least 24 hours, in case there is no indication on the label, well

as the identification of the entity responsible for the processing;

f) Previously determined a place, together from the area where the product will be

applied, which meets the minimum security conditions, set out in the Annex

III, where the handling and preparation of the product's broth can be done, and the

cleaning of the application equipment after its use;

g) Consulate to DRAP of the area on the location of the apiaries, by the means

provided for in Article 64 (1), so that those responsible for the application

communicate to beekeepers, in advance of at least 24 hours

regarding the application, the need for these to ensure the protection of the

apiaries situated up to 1500 meters from the parcel to be treated, particularly when

are applied hazardous products for bees.

5-Without prejudice to the provisions of the following number, a protection zone shall be respected

of at least 10 metres between the area to be treated and the adjacent water courses, with the

adoption of the conditions described in the label of the plant protection product if they are more

restrictive, unless equipment, device or application techniques are used which

minimise the knockout of the broth, and in that case, a no-zone is respected

treated from, at least, five metres.

CHAIR OF THE COUNCIL OF MINISTERS

43

6-In slope zones of more than 5%, application of products is only permitted

plant protection along with watercourses with recourse to equipment, devices or

application techniques that minimise the knockout of the broth, in which case it is

respected an untreated area of at least 10 metres.

Article 33.

Reduction of risk in the application in communication routes

1-The application of plant protection products with environmental restrictions is prohibited

a view to the protection of groundwater or surface water, indicated on the label,

notably through specific type phrases regarding the precautions to be taken for

environment protection, in the terms set out in Annex VI to Decree-Law No. 94/98, of

April 15.

2-The applications of plant protection products in communication routes apply

also the provisions of the preceding article, with the exception of the e) of paragraph 4, when the

application if you do in communication routes that are located outside urban areas or

leisure, or when the application is to be applied on the rail network, albeit this route of

communication to be situated in urban or leisure areas.

CHAPTER VI

Safety in the aerial application of plant protection products

SECTION I

General prohibition

Article 34.

Principle of general prohibition

1-Air application of plant protection products throughout the territory is prohibited

national.

CHAIR OF THE COUNCIL OF MINISTERS

44

2-Without prejudice to the provisions of the preceding paragraph, permits may be granted

Aerial application of plant protection products in limited cases, under the terms provided for

in this chapter.

SECTION II

Procedures for the granting of air application permits

Article 35.

Aerial application authorisation

1-Only air applications of plant protection products in territory are authorised

national granted:

a) By DGAV, in excecional cases of emergency or other adverse situations

not foreseen; or

b) By DRAP, based on Air Application Plans (PAA) beforehand

approved by DGAV.

2-The aerial applications of plant protection products referred to in the preceding paragraph only

may be effected by agricultural air operators who are working operators

air, with recourse to agricultural pilots and certified aircraft, in the terms of the articles

42. and 43.

Article 36.

Preconditions of authorization

1-A The granting of air application permits for plant protection products can only

take place when, cumulatively:

a) Being required to do phytosanitary treatment, be

demonstrably impossibile or conditioned the application of a product

plant protection by land;

CHAIR OF THE COUNCIL OF MINISTERS

45

b) There is clear advantage in the aerial application of a plant protection product in

terms of reduction of risk and impacts on human health and the environment,

concerning the application by land means;

c) There is an approved PAA and or application for air application, drawn up

by a technician enabled in accordance with paragraph 3.

2-How much is an air application of plant protection products in areas of the

National Network of Protected Areas, the granting of the authorizations must guarantee, for

in addition to the conditions referred to in the preceding paragraph, compliance with the provisions of the

respective planning plans for protected areas, particularly in what if

refers to the overflight of aircraft.

3-The technical requirements of the drafting of the PAA and applications for air application, the

liability for compliance with the terms of the aerial application authorizations

granted, as well as of the other risk reduction measures provided for in the present

law determine that it can only elaborate and subscribe to PAA and application requests

air who, in their agricultural or forestry holdings, proves to have:

a) Frequency certificate with harnessing of the formation action of

application of plant protection products, and of the respect actions of updating,

provided for in paragraph b ) of Article 24 (6); or

b) Training of technical-professional or higher level in the agricultural or forestry area

that, at the very least, demonstrate the acquisition of skills on the subject-themed

constants of the training actions referred to in the preceding paragraph; or

c) Habilitation as a responsible technician, under Rule 7.

CHAIR OF THE COUNCIL OF MINISTERS

46

4-For the purposes of the preceding paragraph, the person concerned may, alternatively, be represented

by technician who proves to possess the requirements set out in the points b) or c) of the number

previous, being both responsible for the fulfillment of the duties provided for in

present law.

5-Gozam of the prerogatives set out in the n. paragraphs 3 and 4 the interested parties who are

citizens of other Member States of the European Union or the Economic Area

European and meet, in the terms provided for in this Law, enabled as

applicators of plant protection products or as responsible technicians.

Article 37.

Aerial Applications Plan

1-Who, on agricultural and forestry holdings, satisfies the provisions of the previous article,

must annually draw up a PAA and present it to the DRAP of the region where they predict

the aerial applications, by the means provided for in Article 64 (1), in advance

minimum of 60 days relative to the target date for the start of treatments

plant sanitary.

2-The PAA can be drawn up by representatives of a set of stakeholders and focus

about one or more agricultural or forestry holdings.

3-Case the planned aerial application incited over geographical areas of the responsibility of

more than one DRAP, the PAA must be presented to all the DRAP involved.

4-In the elaboration of the PAA must observe the requirements and technical specifications

constants of Part A of Annex V to this Law and of which it is an integral part.

5-A evaluation of the PAA is effected by the DRAP, which sends it, together with its opinion,

to DGAV within 30 days after your fearage.

CHAIR OF THE COUNCIL OF MINISTERS

47

Article 38.

Approval of the Air Applications Plan

1-A DGAV proceeds to the evaluation of the PAA and, in case of concordance, refers it to

opinion, to be issued within 15 days, to the Portuguese Environment Agency, I.P. (APA,

I.P.) and the Institute of the Conservation of Nature and Forests, I. P. (ICNF, I.P.).

2-Fishing the period referred to in the preceding paragraph for the issuance of opinion, the DGAV profere

decision within 15 days and communicates it to the competent DRAP.

3-A PAA approval decision must contain the identification of crops and other

specific conditions to be observed in the planned aerial applications.

4-A The decision is notified by DRAP to those concerned within two working days.

5-A The existence of approved PAA does not exclude the duty of those interested to formulate a

application for individualized air application for the realization of the treatments

phytosanitary to be done, in accordance with the provisions of the following article.

Article 39.

Application for air application

1-The application for air application focuses on one or more phytosanitary treatments to

carry out, with a same plant protection product, in a given culture or species

forest, and for the same enemy to fight or effect to be achieved.

2-The application for air application shall be submitted to the competent DRAP by the means provided for

in Article 64 (1), with at least three working days in advance relatively

to the phytosanitary treatments provided for in accordance with the PAA approved by the

DGAV.

3-In case the application for air application is incited over geographical areas of the responsibility of

more than one DRAP, should the same be presented to all the DRAP involved.

CHAIR OF THE COUNCIL OF MINISTERS

48

4-The application for air application is delivered together with the information indicated on the part

B of Annex V.

5-The application for air application, as well as any changes to the application in respect of

the day and or time of the implementation of the application, shall be submitted to DRAP by the means

provided for in Article 64 (1).

6-A The decision is notified by DRAP, within two working days, to those interested and to the

DGAV, to the regional health administration of the area, to APA, I.P., and to the ICNF, I.P..

7-Consideration of applications for air applications are allowed with PAA

approved for which DRAP does not, within three working days

numbered on the date of the entry of the application, notified the applicants of its decision, without

injury to this entity shall communicate the requests to the entities referred to in the number

previous within two working days.

8-Without prejudice to the special scheme provided for in the following article, applications for application

air for emergency situations or other adverse situations unforeseen, for the

which one recognizes to have been manifestly impossible to draw up the prior elaboration of a

PAA, are directed to DGAV together with the information indicated in Part C of the

Annex V, by the means provided for in Article 64 (1), which on them proffers decision,

within three working days, not being applicable to the tacit authorization provided for in the number

previous.

9-A DGAV may request to appear to other entities, namely to APA, I.P., and to the

ICNF, I.P.

10-For the purpose of the provisions of paragraph 8, applications for application shall only be considered

air for the special cases referred to in Article 44 (3) and for other

excective situations not foreseen and to be assessed depending on the circumstances of the case

concrete.

CHAIR OF THE COUNCIL OF MINISTERS

49

11-A The final decision of the DGAV referred to in paragraphs 8 a to 10 is notified, within two

business days, those interested, to DRAP, the regional health administration of the area, to APA,

I.P., and to the ICNF, I.P.

Article 40.

Aerial application in urban areas, leisure areas and communication routes

1-A aerial application of plant protection products in urban areas, leisure areas and

ways of communication can only be authorized in emergency situations, as such

expressly recognized by DGAV, upon assent of the APA, I.P., of the

ICNF, I.P., and the competent bodies of the Ministry of Health.

2-A The invocation of the emergency situation is communicated to DGAV.

3-A The authorisation referred to in paragraph 1 expressly sets out the terms and measures of

safety that the realization of the air application of plant protection products must

comply, including the intervention and monitoring of the police authorities and of

security and the competent official services, not applying the provisions of the article

previous.

Article 41.

Monitoring of air application

DRAP carry out, when justifiable, follow-up actions and monitoring of the

air-application operations of plant protection products, for evaluation of the

compliance with the authorizations granted and the risk reduction measures provided for in the

present law.

CHAIR OF THE COUNCIL OF MINISTERS

50

SECTION III

Agricultural air operator, agricultural pilot, aircraft and application equipment

air

Article 42.

Agricultural air operator and agricultural pilot

1-A The application of plant protection products by area can only be authorised when

carried out by agricultural air operator, licensed for air and certified work

as an air operator under the applicable law, and authorised as an applicator

air of plant protection products in the terms to be defined by porterie of the members of the

Government responsible for the areas of the economy and agriculture.

2-In the application of plant protection products by air, the agricultural air operator

referred to in the preceding paragraph may only appeal to trained agricultural pilot with training

defined in complementary regulation, recognized by the National Institute of

Civil Aviation (INAC, I.P.) and by DGAV, in the terms to be defined by portaria dos

members of the Government responsible for the areas of the economy and agriculture.

3-A habilitation as an agricultural pilot is valid for 10 years, renewable for equal periods,

after realization, during the 9th year of the habilitation or the last renewal, of action of

upgrade training with harnessing.

4-The pilots interested in the habilitation as an agricultural pilot, to which the number

previous, who are citizens of other Member States of the European Union or of the

European Economic Area and whose specific qualification for the purpose has been

obtained outside Portugal, must submit a mere prior communication to INAC,

I.P., accompanied by demonstrative of its training on air application of products

plant protection, obtained in accordance with the provisions of the Directive

n. 2009 /128/CE, of the European Parliament and of the Council of October 21, 2009,

without prejudice to its subordination to the remaining requirements and mechanisms of control and

supervision provided for in this Law and in civil aviation legislation.

CHAIR OF THE COUNCIL OF MINISTERS

51

5-Until November 26, 2013, until the training referred to in paragraph 2 is defined,

apply the requirements set by the INAC, I.P., regarding the habilitation of the

agricultural pilots.

Article 43.

Aircraft and air application equipment

The application of plant protection products by area can only be authorised when

carried out with recourse to certified aircraft, pursuant to applicable law, munited

of equipment for application of plant protection products.

SECTION IV

Liability and risk reduction measures in the aerial application of products

plant protection

Article 44.

Authorized plant protection products

1-In application by air in national territory only products can be used

plant protection expressly authorized by DGAV for air application.

2-Without prejudice to the provisions of the following number, they may not be applied by air

plant protection products classified as "Very Toxic" (T +), "Toxic" (T) or

"Corrosive" (C), in accordance with the provisions of the Decree-Law No. 82/2003, of 23

of April, as amended by Decree-Law No. 63/2008 of April 2.

3-No. The provisions of the preceding paragraph shall apply when the application permit is

granted under Article 53 of the Regulation (EC) No 1107/2009 of the

European Parliament and of the Council of October 21, 2009 to deal with a

unpredictable danger that cannot be countered by other means.

CHAIR OF THE COUNCIL OF MINISTERS

52

4-In application by air, preference should be given to plant protection products

that do not contain active substances included in the list of hazardous substances

priority, established by the Decree-Law No. 77/2006 of March 30, as amended by the

Decree-Law No. 103/2010 of September 24.

5-A DGAV disseminates, at its site in the Internet , the authorized plant protection products

for air application, as well as the cultures, locations and special application requirements.

Article 45.

Responsibility in the air application

1-The agricultural air operator shall comply with measures to reduce the risk in the application

air established in this Chapter and in other applicable legislation,

particularly:

a) Carry out an appropriate preparation of the air-application operation,

making sure that the application is carried out in the safest conditions and in the

timely, with a view to greater efficiency of the product

plant protection;

b) Identify the boundaries of the terrain and surrounding area and determine the method of

marking of that same area;

c) Referencing the existence of dwellings, water lines, cattle, apiaries, crops

adjacent, grazing areas, from forage cultivation to feed of

animals, protected natural areas and other situations that also set up

risk for the air application;

d) Pay attention to local weather conditions, before and after application,

notably the speed and direction of wind, temperature, humidity

relative, the nebulosity and the probability of rain occurrence;

CHAIR OF THE COUNCIL OF MINISTERS

53

e) Ensuring the good state of conservation and operation of the equipment of

air application to be used.

2-The agricultural air operator shall, still, comply with the provisions of the legislation referred to in the

n Article 15 (5).

Article 46.

Reduction of risk in the air application

In the application of plant protection products by air must be complied with

precautions expressed on the label of packaging and followed the instructions contained therein, well

as the good phytosanitary practices, the principles of integrated protection referred to in the

d) of Article 16 (1) and the principles set out in the codes of conduct to which it relates

o Article 48 (1), and applied the following additional risk mitigation measures, without

injury from others set out in other applicable legislation:

a) Whenever the application takes place near watercourses, it must be guaranteed to

existence of a protection zone of at least 20 metres between the area where

application takes place and the course of water, without prejudice to the adoption of the conditions

described on the label of plant protection products, when they are more

restrictive;

b) Must be respected the minimum distance of 300 metres between the boundary of the area

treated and the urban areas, leisure areas or industrial zones;

c) Must be respected the distance of at least 50 metres in relation to the

insulated dwellings and the treatment should only be effected if the direction of the wind is

contrary to the location of houses;

d) A 15 metre protection zone should be observed between the area to be treated and the

neighbouring cultures;

CHAIR OF THE COUNCIL OF MINISTERS

54

e) A DRAP of the area on the location of the apiaries, by the means, should be consulted

provided for in Article 64 (1), so that those responsible for the application

communicate to beekeepers, in advance of at least 24 hours

on the application, the need for these to ensure the protection of apiaries

situated up to 1500 metres of the parcel to be treated, particularly when they are

applied hazardous products for bees;

f) It must be secured with at least 24 hours in advance, which are affixed

to the area to address warnings for bystanders and vehicle drivers, which

indicate with clarity the treatment to be carried out and the expected date and time for your

realization;

g) During and after the aerial application, while no intervals have elapsed from

re-entry to the site, if it is the case, appropriate measures should be taken for

prevent access of persons and animals to the treated area, affix warning posters to the

long of the treated perimeter and, should it be necessary to enter the treated area,

provide for workers to use individual protective equipment.

Article 47.

Registration of air applications

1-The agricultural air operator shall have the air application record sheet, approved

and made available by DGAV at its site in the Internet , where the data is annotated

relating to each application of plant protection products which are effected in territory

national, as well as other information relevant to air enforcement activity,

notably taking into account those referred to in Part D of Annex V.

2-The agricultural pilot proceeds to the record on the fact sheet, in duplicate, of each application that

effectuate, by staying an exemplar in the possession of the agricultural air operator and the other in the possession of the

client, signed by these.

CHAIR OF THE COUNCIL OF MINISTERS

55

3-The agricultural air operator and the customer shall maintain for at least three years, the

records of all phytosanitary treatments carried out by air with products

plant protection, including, inter alia, the elements referred to in Article 17.

4-DRAP and DGAV shall keep the registration of all applications for air application

presented, authorised or not, for at least five years, and must

make available to the public, should they be requested, the information contained in the applications and

respect for authorisations granted.

CHAPTER VII

Information, awareness raising, action plans, monitoring and documentation

Article 48.

Information for professional users and the general public

1-A DGAV elabora and publishes, on its site in the Internet , codes of conduct on the use

insurance of plant protection products, establishing guidelines and conditions

detailed relating to their storage, handling, sale and aspements

inherent in their application, with a view to preventing accidents for whom the

handling and applies, as well as the protection of the human and animal population, of the waters, of the

soils, air and ecosystems.

2-A DGAV disseminates, at its site in the Internet , information on products

authorized plant protection in the national territory, particularly data relating to the

sale and conditions of authorisation contained in the approved labels, including the

classification and toxicological, ecotoxicological and environmental precautions, and the

risk indicators on the use of plant protection products.

CHAIR OF THE COUNCIL OF MINISTERS

56

3-A DGAV coordinates and provides the necessary guidelines for the conduct of surveys, by

regions and crops, on the use of plant protection products and on accidents and effects

in people, in animals and in the environment and for the purpose of planning programmes of

surveillance.

4-A DGAV, in articulation with other public or private entities, collaborates on

health surveillance programmes and participates in information collection systems, in the

scope of the use of plant protection products, particularly on cases of

acute or chronic intoxication.

Article 49.

Awareness of the general public

1-A DGAV, in articulation with other public or private entities, promotes and

collaborates on awareness-raising actions on the safe use of plant protection products

and about non-chemical alternatives available.

2-A DGAV and DRAP warn, where necessary, particularly through their

sites in the Internet , on unforeseen problems related to the use of the

plant protection products.

Article 50.

Indicators of risk

1-A The European Commission approves harmonised risk indicators at the Community level,

intended for the assessment of progress made in reducing risks and effects

negatives of the use of plant protection products in human health and the environment.

CHAIR OF THE COUNCIL OF MINISTERS

57

2-Based on the approved harmonised risk indicators, DGAV:

a) Calculates the indicators, using statistical data collected in accordance with the

provisions of Regulation (EC) No 1185/2009, of the European Parliament and of the

Council of November 25, 2009 on statistics on pesticides, and

other pertinent data;

b) Identifies trends in the use of certain active substances;

c) Identifies priority elements, such as active substances, crops,

regions or practices, which require special attention, or the good practices that may

serve as an example to achieve the goals of reducing the risks and effects of the

use of plant protection products in human health and the environment.

3-A DGAV communicates to the European Commission and to the other Member States the

results of the evaluations carried out in accordance with the provisions of the number

previous.

4-Without prejudice to the provisions of the preceding paragraphs, DGAV may establish

risk indicators at the national level concerning the use of the products

plant protection.

Article 51.

National action plans

1-The elaborate National Action Plans (PAN) on the reduction of risks and of the

effects of the use of plant protection products on human health and the environment, and the

initiatives that aim to foster the development of integrated protection and

alternative approaches or techniques aimed at reducing dependence on the use of

plant protection products, fixating, for the purpose, quantitative objectives, targets,

measures and the timing of schedules.

CHAIR OF THE COUNCIL OF MINISTERS

58

2-In the PAN are described the ways of implementing the national legal framework

and community concerning the sustainable use of plant protection products, being

included indicators for monitoring the use of plant protection products, in

particular of plant protection products containing active substances

troubling from the point of view of human health or the environment, being given particular

attention to plant protection products containing approved active substances

in accordance with Council Directive No. 91 /414/CEE of the Council of July 15

1991, relating to the placing of plant protection products on the market, which, when

subject to the renewal of the respect for approval under the Regulation (EC)

n 1107/2009, of the European Parliament and of the Council of October 21, no

meets the criteria applicable to the approval process, defined in paragraphs 3.6 a to 3.8

of Annex II to the said Regulation.

3-PAN may also provide for provisions relating to the information of persons who

may be exposed to the trawling of the pulverized plant protection products.

4-PAN are drawn up by a working group, to be created by dispatching the member

of the Government responsible for the areas of agriculture and the environment, which integrates entities

public and private and is coordinated by DGAV.

5-In the drafting and revision of the NPs, national and national legislation should be identified

relevant sectoral community and take into account impactes in health, social,

economic and environmental of the measures to be established in those, the specific conditions

existing at the national, regional and local level, and the interests of all groups

involved.

6-Until November 26, 2012, DGAV communicates its PAN to the European Commission

and the other Member States.

CHAIR OF THE COUNCIL OF MINISTERS

59

7-PAN are reviewed, at least, every five years and, whenever revisions

integrate background changes, these are communicated to the European Commission within the deadline of

two useful.

8-The provisions on the participation of the public apply to the drafting and amendment

of the PAN, in accordance with that provided for in Article 7 of the Decree-Law No. 232/2007, of 15

of June, as amended by Decree-Law No. 58/2011 of May 4 laying down the scheme

which shall be subject to assessment of the effects of certain plans and programmes on the

environment.

Article 52.

Record of data

The DGAV has a register on the basis of data from the exercise authorizations of

activity granted and the mere prior communications received relating to the companies of

distribution, sales establishments and applicators of plant protection products, of the

responsible technicians enabled, from the sales operators and the habilitated applicators,

as well as applications for air applications submitted, authorised or not, with access

of loading and querying by DRAP.

Article 53.

Provision of documentation

1-The distributor companies, the sales establishments, the application companies

terrestrial, authorized entities for application of plant protection products in zones

urban, leisure areas and routes of communication or by air and users

professionals provide compulsorily with the supervising agents, whenever they are

required, the supporting documentation of the conformity of your acting.

CHAIR OF THE COUNCIL OF MINISTERS

60

2-A The documentation referred to in the preceding paragraph shall comprise the provision, to the

supervising agents, of the records of applications with plant protection products

taken under Articles 10, 17, 30 and 47 for the purposes set out in the

present law.

CHAPTER VIII

Counterordinational regime

Article 54.

Supervision, instruction and decision

1-Without prejudice to the powers conferred by law to other police authorities and

supervisors, the monitoring of compliance with the provisions of this Law shall compete with the

Food and Economic Security Authority (ASAE), to DGAV, to DRAP, à

APA, I.P., and the INAC, I. P..

2-DRAP compete to scrutinize, in particular, the application of plant protection products

in the agricultural and forestry holdings.

3-When any authority referred to in the preceding paragraphs or agent of authority,

in the exercise of its supervisory functions, witness counterordinance by violation

to the provisions of this Law, it raises or sends up the corresponding self-de

news.

4-In the autos raised by ASAE, we compete for the instruction of the processes of

counterordinance and the decision and application of the accessory fines and sanctions.

5-In the autos raised by the DRAP:

a) The instruction of the counterordinating processes competes in the DRAP, after which

the processes are referred to the director-general of food and veterinary, to

decision;

CHAIR OF THE COUNCIL OF MINISTERS

61

b) The application of the fines and ancillary sanctions competes with the director-general of

food and veterinary.

6-When the counterordinations provided for in Article 58 are in question, the instruction of the

process and the decision and application of the accessory fines and penalties compete with APA,

I.P..

7-When the counterordinations provided for in Article 59 are in question, the instruction of the

process and the decision and application of the accessory fines and penalties compete with INAC,

I.P..

8-When autos are raised by entities diverse from those referred to in paragraphs 4 a to 7,

the same are remitted to the entities in them mentioned for instruction of the

corresponding counterordinance processes.

Article 55.

Counterorders

1-Constitut counterordinations punished with fine of € 250 a € 5000, in the case of person

singular, and of € 500 a to € 22500, in the case of collective person:

a) The non-submission of mere prior communication, in violation of the provisions of the

n Article 4 (3);

b) The non-existence of manual operating procedures approved in each location

authorized, in violation of the provisions of paragraphs 3 and 4 of Article 5;

c) The failure to comply, by the responsible technician, of the duties provided for in paragraph 1,

2, 3 and 4 of Article 6;

d) The non-record of the sales information as well as the non-maintenance of these

records, in violation of the provisions of Article 10;

e) The non-record of the distribution information as well as non-maintenance

of those records, in violation of the provisions of Article 11;

CHAIR OF THE COUNCIL OF MINISTERS

62

f) The non-affixing of the authorisation for the exercise of the activity and identification of the

responsible technician, in violation of the provisions of Article 14;

g) The non-registration, by the applicators or those responsible for the application, of

any treatments carried out with plant protection products, as well as the

no maintenance of such records, in violation of the provisions of Article 17;

h) The non-registration, by the responsible technician or by the land application companies,

of any treatments carried out with plant protection products, as well as

the non-maintenance of such records, in violation of the provisions of paragraph 3 of the article

20.

i) The non-affixing of the authorisation for the exercise of the activity and identification of the

responsible technician, in violation of the provisions of Article 21;

j) The non-registration, by the responsible technician or by the entities responsible for the

application, of any treatments carried out with plant protection products,

as well as the non-maintenance of such records, in violation of the provisions of the article

30.

k) The non-provision, by the distributor companies, establishments of

sale, land application companies, authorised entities and users

professionals, the supervising agents, the supporting documentation of the

compliance of its performance and access to applications ' records, in

violation of the provisions of Article 53;

l) The non-prescription, by the sales establishments, of the packaging waste

of plant protection products, in violation of the provisions of Article 61 (2);

m) The non-resumes, by the receiving centres, of empty packaging, in violation of the

provisions of Article 61 (3)

2-Constitut counterordinations punished with fine of € 500 a € 10000, in the case of

natural person, and from € 750 a to € 44500, in the case of a collective person:

CHAIR OF THE COUNCIL OF MINISTERS

63

a) The storage or sale of plant protection products in facilities no

intended exclusively for these products under the conditions authorized or which

do not find themselves designed in accordance with the constant minimum requirements

of Part A of Annex I, in violation of the provisions of paragraphs 1 or 2 of Article 5.

b) The sale of plant protection products the underage, in violation of the

provisions of Article 9 (2);

c) The sale of plant protection products by anyone who is not responsible technician

or sales operator, as well as the omission of provision of information in the act

of sale, in violation of the provisions of Article 9 (3);

d) The sale of plant protection products to those who do not present themselves identified

as a habilitated applicator in violation of the provisions of Article 9 (4);

e) The sale of a specialized application plant protection product to those who do not

if present identified as an applicator specialized in the application of that

product, in violation of the provisions of Article 9 (6);

f) The advice and sale of plant protection products, in violation of the

provisions of Article 9 (7);

g) The exercise of distribution or sales activity of products

plant protection without the authorisation or renewal of the authorisation, in violation,

Respect of the provisions of Article 12 (12) and 9 (5) of the article and in Article 12

13.

h) The non-communication of any changes to the conditions required for the

authorization to exercise the activity of distribution or sale of products

plant protection, after its concession, in violation of the provisions of paragraphs 10 and

11 of Article 12;

CHAIR OF THE COUNCIL OF MINISTERS

64

i) The application of plant protection products not authorised by DGAV or

applications that do not comply with the indications and conditions authorized by DGAV,

in violation of the provisions of Article 15 (1);

j) The application of plant protection products by whom it does not prove, from

November 26, 2013, possess authorized applicator identification, in

violation of the provisions of Article 15 (3) and Article 25;

k) The application of plant protection products without being gathered the

minimum security conditions, in violation of the provisions of paragraph b) of paragraph 2

of Article 16 and Annex III;

l) The application of plant protection products that is not anteceded to

communication to beekeepers, in violation of the provisions of paragraph c) of paragraph 2 of the

article 16;

m) The failure to comply with conditions of use and toxicological precautions

and environmental constants of the labels, packaging or documents that

accompany the seeds treated with plant protection products, in violation

of the provisions of Article 16 (3);

n) The exercise of the activity of providing ground application services of

plant protection products without the authorisation or renewal of the authorisation, in

violation of the provisions of Article 19 (4) and (6), in Article 12 (8) and (9) and

in Article 13 (5);

o) The non-communication of any changes to the conditions required for the

authorization to exercise the activity of the provision of application services

land of plant protection products, after their concession, in violation of the

provisions of Article 19 (5) and paragraph 10 of Article 12;

p) The non-compliance, by the responsible technician of the application companies

ground, of the duties provided for in Article 20 (1) and (2);

CHAIR OF THE COUNCIL OF MINISTERS

65

q) The storage or handling of plant protection products in the

agricultural or forestry holdings, in facilities that do not meet

designed in accordance with the minimum requirements set out in Part B of the

Annex I, in violation of the provisions of Article 23;

r) The application of plant protection products in urban areas, leisure areas and

in avenues of communication without the authorizations provided for in Articles 26 and 28,

as well as non-compliance with the maintenance of the conditions required for this

authorization, after their assignment;

s) The failure to comply, by the responsible technician, of the duties provided for in the article

29.

t) The application of unauthorised plant protection products or the application of

plant protection products in urban areas, leisure areas and in the ways of

communication, which do not comply with the provisions of Article 15 (1) and (i) b)

of Article 16 (1), in violation of the provisions of paragraph 16 a) of the Article 1 (1)

31.

u) The application of plant protection products in urban areas, leisure areas and

avenues of communication by whom it is not enabled under the terms of the article

25., in violation of the provisions of Article 31 (2);

v) The application of plant protection products in urban areas, leisure areas and

ways of communication, in violation of paragraphs 1, 2 and 3 of Article 32;

w) The application of plant protection products in urban areas, leisure areas and

ways of communication, in violation of the provisions of the ( c), (d), and), f), and g) of paragraph 4

of Article 32, including in cases where they are in the cause of

communication, in accordance with Article 33 (2);

CHAIR OF THE COUNCIL OF MINISTERS

66

x) The application of plant protection products by area for which there is no

respects the aerial application authorization, in violation of the provisions of paragraphs 6, 7 and

11 of Article 39 and paragraph 1 (40);

y) The failure to comply with the terms and conditions of constant security of the

air-application authorisation, referred to in Article 40 (3);

z) The aerial application of unauthorized plant protection products for application

air, in violation of the provisions of Article 44 (1) and (2);

aa) The failure to comply with the risk reduction measures in the air application, in

violation of the provisions of Article 46;

bb) The non-existence of an air application record sheet, the non-registration of the data

in duplicate concerning each air application effected or the incorrect record,

in violation of the provisions of Article 47 (1) and (2);

cc) Non-maintenance, by the agricultural air operator and by the customer, of the records of

all phytosanitary treatments carried out by air, for a period

of three years, in violation of the provisions of Article 47 (3).

3-A negligence is punishable, being the minimum and maximum limits of reduced fines

for half.

4-A attempt is punishable by the fine applicable to the consumptive counterordinance,

especially attenuated.

5-The procedure for the counterordinations provided for in the previous figures prescribe

as soon as on the practicum of the counterordinance there will be the three year period, without

injury to the causes of interruption and suspension provided for in the general regime of the illicit of

mere social ordering, constant from the Decree-Law No. 433/82, of October 27, amended

by Decrees-Leis n. ºs 356/89, October 17, 244/95, September 14, and

323/2001, of December 17, and by Law No. 109/2001 of December 24.

CHAIR OF THE COUNCIL OF MINISTERS

67

6-The counterordinations provided for in this Article shall be subsidally applicable to the scheme

general of the illicit of mere social ordinance, constant of the Decree-Law No. 433/82, of 27 of

October.

Article 56.

Ancillary sanctions

Depending on the seriousness of the counterordinance and the fault of the agent, they may be applied,

simultaneously with the fines provided for in the previous article, the following ancillary sanctions:

a) Loss of objects belonging to the agent;

b) Interdiction of the exercise of profession or related activity with the infraction

practiced and whose exercise depends on the authorization of public authority;

c) Closure of establishment whose operation is subject to

authorization of administrative authority;

d) Suspension of authorisations.

Article 57.

Target of the product of the fines

The product of the fines provided for in Article 55 reverses in favour of the following entities:

a) 10% for the entity that raised the auto;

b) 15% for the entity that instructed the process;

c) 15% for the entity that applied the fine;

d) 60% to the coffers of the state.

CHAIR OF THE COUNCIL OF MINISTERS

68

Article 58.

Environmental counterordinations

1-Constituent serious environmental counterordinations, pursuant to Law No. 50/2006, of 29

of August, amended and republished by Law No. 89/2009 of August 31, which approves the law

framework of environmental counterordinations:

a) The violation of the provisions of Article 32 (5) and (6), including in cases where

are in question avenues of communication in accordance with Article 33 (2);

b) The violation of the provisions of Article 33 (1).

2-Can the competent authority:

a) Whenever the seriousness of the infraction justifies it, simultaneously with the fine,

determine the application of the ancillary sanctions that show appropriate, in the

terms set out in Law No. 50/2006 of August 29;

b) Where necessary, determine the provisional seizure of goods and

documents, as provided for in Article 42 of Law No. 50/2006, of 29 of

august.

3-May be the object of publicity, pursuant to the provisions of Article 38 of the Law

n ° 50/2006 of August 29, the conviction for the practice of counterordinations

serious environmental measures provided for in paragraph 1, when the concrete measure of the fine imposed

exceeds half of the maximum amount of the abstract applicable fine.

4-The product of the fines reverses in favour of the following entities:

a) 10% for the entity that raised the auto;;

b) 30% for APA, I. P.;

c) 60% to the coffers of the state.

CHAIR OF THE COUNCIL OF MINISTERS

69

5-The counterordinations provided for in this Article shall apply to the framework law of the

environmental counterordinations, approved by Law No. 50/2006, of August 29.

Article 59.

Aeronautical counterorders

1-Constitutions very serious counterordinations, under the terms of the regime of

civil aeronautical counterordinations, approved by the Decree-Law No. 10/2004, 9 of

January:

a) The application of plant protection products by area by whom it is not

for such a licensee and certificate, in violation of the provisions of Article 42;

b) The application of plant protection products with recourse to aircraft that are not

find properly certified, in violation of the provisions of paragraph 1 of the article

43.

2-The product of the fines reverses in favour of the following entities:

a) 10% for the entity that raised the auto;

b) 30% for the INAC, I. P.;

c) 60% to the coffers of the state.

3-The counterordinations provided for in this Article shall apply to the scheme of

civil aeronautical counterordinations, approved by the Decree-Law No. 10/2004, 9 of

January.

CHAIR OF THE COUNCIL OF MINISTERS

70

CHAPTER IX

Fees

Article 60.

Fees

1-Pelos services provided under this Act are due fees, to be fixed by portaria

of the members of the Government responsible for the areas of agriculture and forests.

2-A would reference to the preceding paragraph specifies the services provided and

respects fees and the system for collection and distribution of the product of the same,

when it is the case.

CHAPTER X

Supplementary, transitional and final provisions

Article 61.

Packaging waste and surplus plant protection products

1-Distributor companies, sales establishments and applicators shall

comply with the provisions of the Decree-Law No. 187/2006 of September 19 laying down the

conditions and safety procedures in the scope of waste management systems

of packaging and surplus waste products of plant protection products.

2-The sales establishments shall proceed to the receiving of the packaging waste

of the plant protection products that they have sold, provided that the applicators that

opt for delivery at these venues for sale comply with the prior procedures of

preparation of empty packaging in accordance with that provided for in Article 5 and paragraph 1 of the

article 8 of the Decree-Law No 187/2006 of September 19.

CHAIR OF THE COUNCIL OF MINISTERS

71

3-The centres for the collection of waste packaging of plant protection products,

provided for in Decree-Law No. 187/2006 of September 19, shall proceed to the resumption

of the empty packaging referred to in the preceding paragraph.

Article 62.

Inspection of equipment for application of plant protection products

The inspection of plant protection product application equipment is regulated by the

Decree-Law No. 86/2010 of July 15 laying down the mandatory inspection regime

of equipment for the application of plant protection products authorised for use

professional.

Article 63.

Prohibition or restriction on the application of plant protection products

In addition to the restrictive measures to the application of plant protection products provided for in

present law, it may be prohibited or restricted, with excecional character, the application of

certain plant protection products in limited geographical areas, in order to prevent

or correct biological or risk situations for populations or for the

environment, in the terms set by the porterie of the members of the Government responsible for the

areas of agriculture and the environment.

Article 64.

Dematerialization of acts and procedures

1-Applications and mere prior communications in the framework of the regulated procedures

by this Law, as well as any other communications to them concerning, are

carried out by electronic means, via the electronic single counter of the services, to which

refers to Article 6 of the Decree-Law No. 92/2010 of July 26 and of the sites of Internet from the

DGAV, das DRAP or INAC, I.P., regarding the procedures for which they are

competent.

CHAIR OF THE COUNCIL OF MINISTERS

72

2-Are the exclusive competence of the INAC, I.P., the procedures regulated by the

Decrees-Laws 172/93, of May 11, and 111/91, of March 18, amended by the

Decree-Law No. 208/2004 of August 19.

3-When, on the grounds of unavailability of electronic platforms, it is not possible

compliance with the provisions of paragraph 1, the transmission of the information in question may be

effected by any other means provided for in the law.

Article 65.

Duty to cease the application activity

The public or private entities which, within one year of the date of entry into

vigour of this Law, do not hold the authorisation of application of products

plant protection in urban areas, leisure areas and the communication routes granted by the

DGAV, referred to in Article 29, shall immediately cease its application activity.

of plant protection products.

Article 66.

Administrative cooperation

The competent authorities pursuant to this Law shall participate in the cooperation

administrative, in the context of procedures relating to providers or professionals

coming from other Member States of the European Union or the Economic Area

European, pursuant to the provisions of Articles 26 to 29 of the Decree-Law No. 92/2010, of 26

of July, notably through the Internal Market Information System.

CHAIR OF THE COUNCIL OF MINISTERS

73

Article 67.

Autonomous Regions

1-In The Autonomous Regions, the administrative implementation, including the surveillance of the

compliance with the provisions of this Law, it is up to the competent departments of the respective

regional administrations, without prejudice to the competences assigned to DGAV, while

national authority responsible for the granting, review and withdrawal of authorisations of

placing on the market of plant protection products under the Decree-Law

n ° 94/98 of April 15 or of Regulation (EC) No 1107/2009 of Parliament

European and the Council of October 21, 2009.

2-The product of the fines resulting from the counterordinations provided for in this Law,

when applied in the Autonomous Regions, it constitutes own revenue from these.

3-Decisions that do not target a particular sale or storage facility

or applications of plant protection products in certain areas of the territory

national, as well as mere prior communications, are valid for the whole country,

regardless of whether they involve competent services from the continent or the Regions

Autonomous.

Article 68.

Authorizations and habilitations in force

1-With the entry into force of this Law, the authorisations of exercise of activity and the

habilitations of responsible technicians, sales operators and applicators, granted to the

under legislation repealed by the following article, they remain valid, without prejudice to

stay subordinate to the regime of validity and renewal provided for in this Law.

CHAIR OF THE COUNCIL OF MINISTERS

74

2-The identification cards of responsible technician, operator and applicators, issued to the

shelter from dispatch No. 19402/2007, published in the Journal of the Republic , 2 th grade, paragraph 165,

of August 28, 2007, they retain their validity, without prejudice to the terms in which it is

determined the cessation of that validity by the order referred to in Article 25 (7).

Article 69.

Transitional arrangement

1-Until the respected review, the porterie would be provided for in Article 16 (2) of the Decree-Law

n ° 396/2007 of December 31, referred to in Article 24 (1) and (2), is the

Portaria No. 851/2010 of September 6.

2-Until the publication of the porterie referred to in Article 60, shall apply, with the

necessary adaptations, for the purposes of the application of the rates mentioned there, the Portaria

no 984/2008 of September 2, as amended by the Portaries n. ºs 622/2009 of June 8,

and 8/2010, of January 6.

Article 70.

Abrogation standard

1-Are revoked:

a) The Act No. 10/93 of April 6;

b) The Decree-Law No. 173/2005 of October 21, amended by the Decrees-Laws

n. ºs 187/2006, of September 19, and 101/2009, of May 11.

CHAIR OF THE COUNCIL OF MINISTERS

75

2-All references made to the now-revoked diplomas are deemed to be effected

for the present law.

Seen and approved in Council of Ministers of July 5, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs

CHAIR OF THE COUNCIL OF MINISTERS

76

ANNEX I

Part A

Minimum requirements required for the premises of the distributing companies, of the

outlets, the land application companies and the entities

referred to in paragraph 1 (b) of Article 26 (1)

1-Location:

1.1-The facilities for the outlets and the warehouses of the companies

distributor, land application companies and entities referred to in the b) from the

n Article 26 (1), shall:

a) Being in place away from hospitals and other facilities aimed at the provision

of health care, school enclosures, factories or product warehouses

food and, preferably, situated in isolated or targeted areas

specifically industrial activity;

b) Being in place that, without prejudice to the other applicable legislation, complies,

cumulatively, the following conditions:

i) Situate at least 10 metres of watercourses, ditches and springs;

ii) Situate at least 15 metres of water caps;

iii) Not to be situated in flood areas or threatened by the floods;

iv) Not be situated in the land area of protection of the albufairs, lagoons and

public water lakes;

c) Situate at the ground level (ground floor);

d) Being served good accessibility, so as to allow loads and discharges

safe and emergency room action in the event of an accident.

CHAIR OF THE COUNCIL OF MINISTERS

77

1.2-Without prejudice to the provisions of Article 28 of the Decree-Law No 226-A/2007 of 31 of

may, changed by the Decrees-Leis n. ºs 391-A/2007, of December 21, 93/2008, of 4 of

June, 107/2009, of May 15, 245/2009, of September 22, and 82/2010, of July 2,

laying down the regime for the use of water resources, the provisions of the b ) of the n.

1.1 previous shall not apply to cases in which, at the date of entry into force of this Law, already

has been issued title of use of water resources relating to the occupation of the field

water and or the rejection of waste water, where applicable, under the terms of Law No. 58/2005,

of December 29, and of the Decree-Law No. 226-A/2007 of May 31.

2-Construction:

2.1-The facilities for the establishments of sale, the warehouses of the companies

distributor, land application companies and entities referred to in the b) from the

n Article 26 (1), they shall have to:

a) Non-combustible building materials and natural ventilation systems or

forced;

b) Doors, walls and ceilings, exteriors and interiors, with physical resistance and fire;

c) Waterproof pavement and footer, of easy cleaning, and it should work as

retention basin, with sufficient capacity to retain accidental spills and

fire-fighting waters;

d) At the very least, a washbasin and water outlet for cleaning of the facilities and,

preferentially, a shower and a wash-olor;

e) Fire extinguishers in number, capacity and distribution by the site, from

agreement with the regulations in force;

f) Electrical installation, in observance of the legislation in force;

g) Lamps, current outlets and away electrical appliances, at least

a metre, of plant protection products stored or exposed;

CHAIR OF THE COUNCIL OF MINISTERS

78

h) Outputs, including those of emergency, spaced, at most, 30 meters;

i) Easy opening emergency exits, duly signalled and unimpeded;

j) At least one individual protection equipment (PPE) complete and

easily accessible.

2.2-In addition to the provisions of the preceding paragraph, the facilities intended for the

outlets shall still comply with the following:

a) The space intended for the post of sale must be exclusive for sale of

plant protection products and possess direct door to the outside;

b) The counter of the sales post shall have impermeable material tampo and

easily washable;

c) The interior space of the counter shop must have direct door to the

warehouse;

d) The warehouse must be exclusive for plant protection products, with door to

loading and unloading of the products directly to the outside, as well as door

of emergency exit for the exterior or for contiguate space with access

facilitated to the outside.

2.3-For the purposes of the provisions of the preceding paragraph, those interested may follow the

directions of construction of a facility intended for the storage and sale of

plant protection products integrated in an establishment of a sales of products

different, having based the following example:

CHAIR OF THE COUNCIL OF MINISTERS

79

Part B

Minimum requirements required for product storage facilities

plant protection in agricultural and forestry farms

Location, construction and other safety measures:

1-The plants intended for the storage of plant protection products in the

agricultural and forestry holdings shall:

Gate of loads and

discharges

Input from

buyers

B to lc

the the

d and

v and

n d

a

Emergency exit

And s p

the ç o

d the

the p

and ra

d the

r

Impermeabilized floor

PF Warehouse

Sale of other products (fertilisers, seeds, rations etc.)

Shop

B to lc

the the

d and

v and

n d

a

CHAIR OF THE COUNCIL OF MINISTERS

80

a) Being in secluded location in closed space, properly signposted, with floor

waterproof, proper ventilation and that, without prejudice to the other legislation

applicable, fulfil, cumulatively, the following conditions:

i) Situate at least 10 metres of watercourses, ditches and springs;

ii) Situate at least 15 metres of water caps;

iii) Not to be situated in flood areas or threatened by the floods;

iv) Not be situated in the land area of protection of the albufairs, lagoons and

public water lakes;

b) Situate in place that allows easy access to the water supply;

c) Be of access reserved to professional users and have a minimum of one

EPI complete and easily accessible;

d) Have safe closing mechanisms that prevent access, inter alia

to children;

e) Be built with sturdy and non-combustible materials and, if appropriate,

dispose of natural or forced ventilation systems;

f) Having waterproof pavement and footer, easy to clean, and should work

as a retention basin, with sufficient capacity to withhold strokes

accidental and fire-fighting waters;

g) Have, at the very least, a fire extinguisher;

h) Situate yourself at the ground level;

i) Be at least at the distance of two metres from any foods to

people and animals.

CHAIR OF THE COUNCIL OF MINISTERS

81

2-Without prejudice to the provisions of Article 28 of the Decree-Law No 226-A/2007 of May 31,

the provisions of the paragraph a) of the preceding paragraph shall not apply to cases in which, at the date of

entry into force of this Law, already issued title of use of resources

water relating to the occupation of the water domain and or to the rejection of waste water,

where applicable, pursuant to Law No. 58/2005, of December 29, and of the Decree-Law

n 226-A/2007, of May 31.

CHAIR OF THE COUNCIL OF MINISTERS

82

ANNEX II

General principles of integrated protection

1-A The prevention and or control of the enemies of the crops shall be obtained or supported,

notably, through:

1.1-Rotation of crops;

1.2-Use of appropriate cultural techniques, for example seeding technique

deferred, dates and densities of the seedlings, enrelling, minimal mobilization,

direct seeding and poda;

1.3-Use, where appropriate, of resistant or tolerant cultivars and seeds

and vegetative propagation material of standard or certified category;

1.4-balanced use of fertilization, calming and irrigation practices and

drainage;

1.5-Prevention of the spread of the enemies of the crops by means of hygiene measures, by

example, through the regular cleaning of the machines and equipment;

1.6-Protection and reinforcement of important useful organisms, for example through measures

appropriate phytosanitary or the use of ecological infrastructure within and in the

exterior of the production sites.

2-The enemies of crops should be monitored through methods and instruments

appropriate, whenever they are available, which include observations in the field and,

where possible, warning and early diagnostic systems assorted on bases

consolidated scientific as well as through officially technical information

recognized.

CHAIR OF THE COUNCIL OF MINISTERS

83

3-Based on the results of the risk estimation, the professional user shall decide whether

applies or not phytosanitary measures, and at what time, owing, before carrying out the

treatments, resorting to economic levels of attack as essential components of the

decision making and, if possible, to those who are defined for the region, to areas

specific, for crops and for specific climatic conditions.

4-The means of biological, physical and other sustainable non-chemical means must be

preferred to the chemical means, if they allow the control of the enemies of the cultures of a

satisfactory form.

5-Applied plant protection products should be as selective as possible for the

end in view and have the minimum of side effects for human health, the organisms

not targeted and the environment.

6-The professional user shall maintain the use of plant protection products and

other forms of intervention at the necessary levels, for example, respecting the dose

minimum effective label constant, reducing the frequency of application or resorting to

partial applications, taking into account that the level of risk for vegetation should be acceptable

and that such interventions do not increase the risk of developing resistance in the

populations of the enemies of the cultures.

7-When the risk of resistance to a phytosanitary measure is known and spoilage

caused by the enemies of the crops to require repeated application of products

plant protection in crops, should be used to the available anti-resistance strategies

to maintain the effectiveness of products, including the use of various products

plant protection with different modes of action.

8-Based on the records on the use of plant protection products and control

of the enemies of the crops, the professional user shall check the success of the measures

phytosanitary applied.

CHAIR OF THE COUNCIL OF MINISTERS

84

ANNEX III

Security requirements to which must obey the handling and preparation of

caldas and cleaning of plant protection products application equipment

in agricultural and forestry farms, land application companies and the

entities authorized under Article 28 para.

1-In the handling or preparation of caldas of plant protection products, the

applicators must comply with the following minimum safety requirements:

a) Use appropriate PPE;

b) Choose a location with water outlet and sidelined, at least 10 metres, from the

courses in water, wells, valas or springs;

c) The place should be preferentially under cover, not dispose of walls

sides and shall allow the installation of a retention basin, removable or not,

designed in such a way as not to be susceptible to flooding and to facilitate the cleaning of

possible spills and collection of effluents, so as to prevent contamination of the

soil, groundwater or surface area of the surrounding area, owing:

i) The effluents are collected in a watertight collector tank or deposit

or landfill built with biologically active material, so as to

promote the degradation of plant protection product residues or the

its concentration, by way of the evaporation of the liquid component of the

effluent; or

ii) The effluents are collected in own deposit for the purpose and

forwarded to a treatment system, as provided in the

previous sub-paragraph, so as to promote its biotic degradation or

abiotic;

CHAIR OF THE COUNCIL OF MINISTERS

85

iii) In alternative to the one provided for in the previous sub-paragraph, the effluents

coming from possible spills and other waste can, still, be

forwarded to a licensed effluent treatment system

for the management and valorisation of hazardous waste;

d) If it is not possible to dispose of a place under the terms set out in the paragraph

previous, the place to be used must have covered vegetable and be designed in a way

be able to withhold and degrade biotic or abiotically any effluents or waste

from the operations with plant protection products;

e) A correct calculation of the volume of calda to be applied shall be carried out, so that

minimise the volumes of surplus broth;

f) Ensure installation, at the point of water outlet, of a device of

safety intended to prevent the return of water from the pulverizer deposit

to the water supply circuit;

g) Take the appropriate measures so as to avoid the transhipment of the broth of the

pulverizer, when you proceed to your padding.

2-The surplus of broth, when there are:

a) They should be applied, after dilution with water, on vegetable covered not

treated from other areas not targeted by treatment and estranged from wells, courses

or other sources of water;

b) It is not possible to apply them on a vegetable covered cover, they must be disposed of

without dilution in the facilities and conditions referred to in the c) of the number

previous, applying the respective procedures.

3-In the cleaning of equipment for the application of plant protection products, the

CHAIR OF THE COUNCIL OF MINISTERS

86

applicators must comply with the following minimum safety requirements:

a) Use appropriate PPE;

b) Proceed to the exterior and interior washing of the equipment next to the treated area and

over a surface with covered vegetable not intended for human consumption

or animal, the same shall be carried out with the minimum of water volume

possible;

c) It is not possible to proceed to the washing of the equipment next to the treated area,

must use a place that complies with the provisions of the ( c) of paragraph 1,

applying for the respective procedures.

CHAIR OF THE COUNCIL OF MINISTERS

87

ANNEX IV

Thematic of the training actions

1-The training actions provided for in the law of which it is an integral part of this Annex

are based on specific programmes drawn up by DGAV, depending on the degree of

requirement of each action and in accordance with the following thematics:

1.1-All relevant legislation applicable to plant protection products and their use

by professional users.

1.2-A The existence of illegal plant protection products and the identification of the

corresponding risks, as well as the methods to identify such products.

1.3-Risks and hazards associated with plant protection products and mode of identification and

of limitation of them, in particular:

a) Risks for people (applicators, residents, bystanders, people who enter

in the treated areas and persons handling or consuming treated products) and

the way factors such as smoking aggravate these risks;

b) Symptoms of poisoning by plant protection products and first

aid;

c) Risks for non-target plants, for useful insects, for fauna and flora

wild, for biodiversity and for the environment in general.

1.4-Notions on the general principles and specific guidelines for crops or

group of cultures, of risk estimation techniques and decision making in scope

of integrated protection and management of integrated production and on the principles of

biological agriculture.

CHAIR OF THE COUNCIL OF MINISTERS

88

1.5-Initiation to the benchmarking, at the level of the professional user, directed to

a responsible decision making in the most appropriate choice of products

plant protection with the minimum of side effects for human health, the

non-target organisms and the environment, among the products authorized to solve a

phytosanitary problem, in a given situation.

1.6-Measures to minimise risks for people, for non-target organisms and

for the environment, specifically, safe working methods with respect to the

storage, handling, the preparation of broilers and the disposal of

empty packaging, other contaminated materials and surplus products

plant protection plant (including those from broths contained in the deposits),

concentrated or diluted, and recommended ways to control the exposure of the

applicators, through the appeal to EPI.

1.7-Risk-based approaches, which take into account the local variables of the catchment

of water, such as climate, soil and crop types and reliefs.

1.8-Procedures for placing the product application equipment

plant protection in operation, including its calibration, and for this to be

used with minimal risks for the professional user, for third parties, for the

animal species and non-target vegetables, for biodiversity and the environment,

including water resources.

1.9-Use of plant protection product application equipment and its

maintenance and specific spraying techniques (e.g., bottom spraying

volume and anti-drag beaks), as well as the objectives of the technical verification of the

pulverizers in use and the ways to improve the quality of spraying and,

still, the specific risks linked to the use of manual equipment of application of

plant protection products or dorsal sprayers and the corresponding ones

risk management measures.

CHAIR OF THE COUNCIL OF MINISTERS

89

1.10-Emergency actions for the protection of human health and the environment, including the

water resources in the event of accidental spillage, contamination and conditions

meteorological extremes that they may result in risks of leaching of products

plant protection.

1.11-Special care in the protection zones provided for in articles 6 and 7 of the Directive

n. 2000 /60/CE, of the European Parliament and of the Council of October 23, 2000,

that establishes a framework of community action in the field of water policy.

1.12-Surveillance of health and systems for information and counselling

concerning health care (emergency measures), to be taken in the wake of

incidents or suspicion of incidents with plant protection products.

1.13-Conservation of records relating to the use of plant protection products, in

compliance with applicable legislation.

2-Training actions programmes must respect the referential respects of

qualification of the National Catalogue of Qualifications, in them if including the profile

professional and the benchmark of training and professional skills, in the terms of the

provisions of Article 4 (1) of the Decree-Law No 92/2011 of July 27.

CHAIR OF THE COUNCIL OF MINISTERS

90

ANNEX V

Part A

Framing, requirements and technical specifications to be observed in the drafting of the

Air Application Plan

1-The PAA is an annual plan for air applications of plant protection products, which

constitutes a technical instrument of support for applications for air applications and has as

purpose to provide an air enforcement authorization decision making

sustained and speedy, when it is not possible to resort to land application of products

plant protection.

2-In the drafting of the PAA, applicants must take particular account of the

statement of reasons for the need to effect air applications of plant protection products,

the scheduling of the phytosanitary treatments to be carried out by each application for air

to present for each plant protection product in a same forest culture or species,

for the same enemy to be combatted or effect to be achieved, as well as the description of the following

elements:

2.1-Applicant:

2.1.1-Full Identification of the applicant;

2.1.2-Identification and proving of the habilitation of the underwriter technician of the PAA;

2.2-Agricultural or forestry exploration:

2.2.1-Identification of agricultural or forestry exploitation, location and indication of the (s)

number (s) of parcelarium (s);

2.3-Reasons of the need for the air application:

CHAIR OF THE COUNCIL OF MINISTERS

91

2.3.1-Detailed caraterization of the circumstances that determine the printability of the

phytosanitary treatment by air at the expense of terrestrial application of the product

plant protection;

2.3.2-Other information;

2.4-Area to be treated:

2.4.1-Identification and exact location of the area (s) to be treated, with identification of the freguesia,

concelho, district and region;

2.4.2-Caraterization of the area to be treated relatively to the surringings, namely

housing areas, areas used by the public in general or by vulnerable groups,

water lines, water catchment points for human consumption, communication pathways and

protected areas;

2.4.3-Surface (ha) of the area to be treated;

2.4.5-Identification of the crop (s) or forest species (s) to be treated;

2.4.6-Enemy to fight or effect to be achieved;

2.5-Phytosanitary Treatments:

2.5.1-Type of plant protection product and conditions laid down for its use;

2.5.2-Period (s) provided for phytosanitary treatments, with indication of the (s)

month (es) probable (eis) of treatment (s);

2.6-preventive measures:

2.6.1-Measures to be taken to warn, in good time, the farmers, foresters,

beekeepers, residents, bystanders and drivers of vehicles, including signage

ground, and to protect the environment in the vicinity of sprayed zones,

notably by marking of limits of protection zones;

CHAIR OF THE COUNCIL OF MINISTERS

92

2.7-Agricultural air operator, aircraft and air application equipment:

2.7.1-Identification of the planned agricultural air operator;

2.7.2-Carateristics of the aircraft to be used;

2.7.3-Carateristics of the aerial application equipment to be used.

Part B

Information to be observed in the application for air

1-Name or denomination of the farmer, agricultural entrepreneur or organisation of

farmers and abode of the farm (s) or forestry (s) where it is intended

do the aerial application.

2-Name and demonstrative of the habilitation of the technician who subscribes to the application.

3-Reference to the approved PAA and name of the technician who subscribed to it.

4-Identification of the agricultural air operator and the agricultural pilot responsible for the application

aerial to carry out and respect proof of compliance issued by INAC, I. P..

5-Localization of the holding and indication of the number (s) of parcelarium (s), surface a

treat (ha) and date of application.

6-Identification of the sales establishment where the plant protection product to be applied was

acquired, with reference expressed to your activity-authorization number

issued by DGAV.

7-Trade name and number of the sales authorisation of the plant protection product to

apply.

8-Quantity in kilograms or litres of plant protection product to be used and volume of

calda or quantity of product to be applied.

9-Culture or forest species, target enemy or effect to be achieved.

10-Deviations duly justified, should they exist, to the PAA previously approved by the

CHAIR OF THE COUNCIL OF MINISTERS

93

DGAV.

11-Meteorological preview for the forecast period of aerial applications.

12-Work schedule concerning phytosanitary treatment (s) to be carried out.

Part C

Information to be observed in the application for air application for emergency situations or

adverse, referred to in Article 39 (8 a) (11).

1-The application for air application for emergency or adverse situations, to which they refer

the paragraphs 8 a to 11 of Article 39 shall contain all the elements permitting an outlet of

speedy and reasoned decision on the part of DGAV, and shall include, inter alia, the

following elements:

1.1-Applicant:

1.1.1-Full Identification of the applicant;

1.1.2-Identification and demonstrative of the habilitation of the order's underwriter technician;

1.2-Agricultural or forestry exploration:

1.2.1-Identification of agricultural or forestry exploitation, location and indication of the (s)

number (s) of parcelarium (s);

1.2.2-Reasoned justification of the emergency situation or other adverse situations and

of the non-existence of a previously approved PAA;

1.2.3-Detailed caraterization of the circumstances that determine the printability of the

phytosanitary treatment by air at the expense of terrestrial application of the product

plant protection;

1.2.4-Other information;

CHAIR OF THE COUNCIL OF MINISTERS

94

1.3-Area to be treated:

1.3.1-Identification and exact location of the area (s) to be treated, with identification of the freguesia,

concelho, district and region;

1.3.2-Caraterization of the area to be treated relatively to the surringings, namely

housing areas, areas used by the public in general or by vulnerable groups,

water lines, water catchment points for human consumption, communication pathways and

protected areas;

1.3.3-Surface (ha) of the area to be treated;

1.3.4-Identification of the crop (s) or forest species (s) to be treated;

1.3.5-Enemy to fight or effect to be achieved;

1.4-Phytosanitary Treatments:

1.4.1-Product protection product to be used, with indication of the trade name and number of the

authorization to sell the product to be applied;

1.4.2-Conditions of use, with indication of the quantity in kilograms or litres of

plant protection product to be used and calda volume to be applied;

1.4.3-Identification of the sales establishment where the plant protection product a

apply for it has been acquired, with reference expressed to your number of exercise authorisation of

activity issued by DGAV;

1.4.4-Date provided for the application;

1.4.5-Weather preview for the period corresponding to the air application;

CHAIR OF THE COUNCIL OF MINISTERS

95

1.5-preventive measures:

1.5.1-Measures to be taken to warn, in good time, the farmers, foresters,

beekeepers, residents, bystanders and drivers of vehicles, including signage

ground, and to protect the environment in the vicinity of sprayed zones,

particularly marking of limits of protection zones;

1.6-Agricultural air operator, aircraft and air application equipment:

1.6.1-Identification of the agricultural air operator;

1.6.2-Carateristics of the aircraft to be used;

1.6.3-Carateristics of the aerial application equipment to be used.

Part D

Requirements to be observed in the register of air applications

In the register of airborne applications, the data are to be specially recorded

relative to the following elements:

1-Speed and direction of wind;

2-Temperature of the air;

3-relative humidity of the air;

4-Altitude of air application;

5-Product (s) plant protection (s) applied in the plant health treatment;

6-Dose or concentration of plant protection product or active substance in the broth of

spraying and volume of calda applied;

7-Adjuvants of plant protection products used in phytosanitary treatment;

8-Start and end of phytosanitary treatment;

CHAIR OF THE COUNCIL OF MINISTERS

96

9-Culture and phenological state or treated forest species;

10-Method of marking the limits of the treated area;

11-Number of hours of flight per day;

12-Information on the aircraft;

13-Changes to the application effected, by technical or meteorological impossibilities.