Regulation (2014:425) On Pesticides

Original Language Title: Förordning (2014:425) om bekämpningsmedel

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:425

Chapter 1. Common provisions



Article 1 this regulation lays down provisions on the approval and management of pesticides in the form of plant protection products or biocidal products. The regulation is notified pursuant



— Chapter 14. section 8 of the environmental code in terms of Chapter 1. section 4, Chapter 2. 4, 8, 9, 17 to 19, 21 and 22, § § § the first and second paragraphs 23, 24, 26 and 27 sections, section 28, first paragraph, section 30, paragraph 32, 33-35, § § § 36, first and second paragraphs, paragraphs 37 to 42, paragraph 43, paragraph 44, paragraph 47, paragraphs 50 to 52, paragraph 53, 54, 55 section 56, 57, § § § 58 first subparagraph, first and second subparagraphs, paragraph 59 , 60 – 62 sections 63 and paragraph, Chapter 3. Article 1, second paragraph, 5, 7, 8, 11 to 15 and 17 sections, section 18, first paragraph and second paragraph, first sentence, paragraph 19, paragraph 20 and 21 of the first sentence of the first subparagraph and second subparagraph, and Chapter 4. 1 and 3-4 paragraphs, paragraph 16, 23 to 27 sections and section 30 of the first sentence,



— Chapter 14. section 11 of the environmental code in terms of Chapter 4. 4 – 14, 16 and 18 to 22 sections,



— Chapter 14. section 19 of the environmental code in terms of Chapter 2. 5, 10, 29, 30, 45 and 46 §§, Chapter 3. 9 and 10 section and Chapter 4. 25, 28 and 29 sections, – Chapter 8. section 11 of the Constitution in terms of Chapter 2. paragraphs 14 and 25, and



– Chapter 8. section 7 of the Constitution in respect of the other provisions.

Regulation (2015:375).



section 2 of this regulation supplements



1. the environmental code,



2. European Parliament and Council Regulation (EC) No 1107/2009

of 21 October 2009 concerning the placing of plant protection products on the

the market and repealing Council Directives 79/117/EEC and

91/414/EEC, and



3. European Parliament and Council Regulation (EC) No 528/2012

of 22 may 2012 if the making available on the market and

the use of biocidal products.



Rules on pesticides containing nematodes,

insects or Arachnids found in Regulation (2000:338) if

biocidal products containing nematodes, insects or

Arachnids and Regulation (2006:1010) on plant protection products

containing nematodes, insects or Arachnids.



Expression of the regulation



section 3 unless otherwise specifically provided for in this regulation,

expression of the regulation has the same meaning as in chapter 14.

the environmental code, Regulation (EC) No 1107/2009 and Regulation (EC)

No 528/2012.



paragraph 4 for the purposes of this regulation,



Distributor: wholesaler, retailer, sales person, vendor

or other natural or legal person providing

a plant protection product on the market,



chemical plant protection products: chemical product which is a

plant protection products pursuant to Regulation (EC) No 1107/2009;



Municipal Board: Board exercising municipal functions in

environmental and health protection,



provide on the market: to professionally against payment

or free ship for distribution or use, whether

delivery not only to the transport of someone else's

sheet,



Supervisor: the Government Department or the Municipal Board

exercise operational supervision pursuant to

environmental protection Regulation (2011:13),



qualifications: evidence confirming the sufficient knowledge of

the topics that are included in a course plan according to this regulation,



equipment used for dispersal of plant protection products:

apparatus specifically designed for the dissemination of

plant protection products, including nozzles, manometers, filters,

strainers, devices for tank cleaning and other accessories

is necessary for the unit to function effectively, and



Road range: land or space that has been used for a

way, the operation of a road or the use of a road.



Exemptions from environmental code requiring approval



4 a of the requirement of consent in chapter 14. section 4 of the environmental concerns

no chemical or biotechnical organisms

subject to approval in accordance with Regulation (EC) no

1107/2009, in its original version, or regulation (EU)

No 528/2012, in wording pursuant to European Parliament and Council

Regulation (EU) No 334/2014. Regulation (2015:140).



Defence activities



§ 5 in the case of activities and measures in the armed forces,

The Swedish fortifications Agency, the Swedish defence materiel administration and Defence

Radio establishment, the tasks pursuant to this Regulation shall

carried out by the municipal board instead filled by

General physician.



Supervision fees, appeals and penalties



section 6 of the Regulations on supervision, see chapter 26. the environmental code and the

environmental protection Regulation (2011:13). Provisions on the

operational supervisory responsibilities associated with this regulation

see Chapter 2. 4, 19-21, 25 and 29 to 32 sections

environmental protection regulation.



paragraph 7 of the rules relating to fees for the examination and supervision is available in

Regulation (2013:63) if the pesticide charges as well as in

Ordinance (1998:940) if the fees for the examination and supervision

According to the environmental code.



section 8 provisions on appeal, see Chapter 19. 1 §

the environmental code.



section 9 provisions for penalties and forfeiture can be found in chapter 29.

the environmental code. Provisions on miljösanktions charges, see

30 Cape. the environmental code and the Regulation (2012:259) if

miljösanktions fees.



Chapter 2. Plant protection products



EU plant protection product regulation



Article 1 of Regulation (EC) No 1107/2009 provides for

authorisation of plant protection products, as well as concerning the placing on the

the market, use and control of plant protection products in

The European Union.



section 2 of the Swedish Chemicals Agency examines the questions on licensing,

authorization, waiver, and other measures should be examined in

Member States under Regulation (EC) No 1107/2009. Before

The Swedish chemicals agency determines such a question to the inspection

hear



1. The State's farming and Food Administration, if it is not

obviously unnecessary, and



2. the National Board of forestry, forest land is concerned.



paragraph 3 of the Chemicals Inspectorate is the competent authority and

coordinating authority under article 75(1) and 75(2) of

Regulation (EC) No 1107/2009, in wording, in accordance with Council

Regulation (EU) no 518/2013.



section 4 of the Swedish Chemicals Agency may announce regulations

necessary by reason of Regulation (EC) No 1107/2009, in

the wording according to Council Regulation (EC) no 518/2013.



Notice of amended classification or labelling



§ 5 If a plant protection product classification or labelling

amended in accordance with the regulations as the Swedish Chemicals Agency has

announced on the classification and labelling or according to

European Parliament and Council Regulation (EC) no 1272/2008 on

classification, labelling and packaging of substances and

mixtures, amending and repealing directives 67/548/EEC

and 1999/45/EC, and amending Regulation (EC) No 1907/2006,

for the person who has the authorization applies to

plant protection product shall immediately notify the Swedish Chemicals Agency

If the change.



Access to information in the registry



clause 6 of article 67(1) of Regulation (EC) No 1107/2009

provisions on the obligation of manufacturers, suppliers,

distributors, importers, exporters and professional

users of plant protection products to keep records and to

request, make the registry available to the competent

authority. The supervisory authority is such a competent

authority.



section 7 of the public can, pursuant to article 67(1) of Regulation (EC) no

1107/2009, request access to the information in a

records referred to in paragraph 6. If the regulatory authority may such

request, to the regulatory authority urgently require

the information from the registry.



Privilege classes



section 8 When a plant protection product authorised under Regulation (EC)

No 1107/2009, Swedish Chemicals Agency assess health product

and environmental risks with regard to the scope and

assign the product to



– class 1, if because of the risks involved in the use

special knowledge is needed to handle the vehicle safely

way,



– class 2, if for other reasons necessary special knowledge for

to handle the vehicle safely, and the vehicle will not

be assigned to class 1, and



– class 3, if the vehicle is not to be assigned to class 1 or

2.

§ 9 the Swedish Chemicals Agency must notify the closer

provisions on the criteria set out in section 8 of the assigning

plant protection products to the classes.



Swedish label



section 10 of a plant protection product available on the market in

Sweden shall be marked on the Swedish.



Education and qualifications



11 § Users of plant protection products should be offered training

providing adequate knowledge of the subjects listed in annex

I to Directive 2009/128/EC of

21 October 2009 establishing a framework for community

action to achieve a sustainable use of

pesticides, in the original wording. Training

to be provided by



1. The State's agricultural work, in terms of use



a) in agriculture, forestry, park maintenance or

gardening,



b) on land for apartment buildings,



c) on farms to schools and kindergartens,



(d)) on the playgrounds that the public has access to,



e) in sports and leisure facilities,



(f)) in the planning and public works,



g) on roads and embankments,



h) on grusytor and other very permeable surfaces, and



in) on the surfaces of asphalt or concrete, or other paved

materials,



2. The public health agency, for the use in and

near warehouses or other storage areas, and



3. the working environment authority, as for other use.



12 § Training according to § 11 shall consist of a basic education

and a training and should end with a

proficiency test. The programme shall be implemented in accordance with a

curriculum decided by the authority offers

the training.




Before the syllabus is decided, it shall hear the

The Swedish Chemicals Agency and other relevant authorities.



paragraph 13 of the Swedish Chemicals Agency shall offer such training as

referred to in section 11 to distributors of plant protection products.

The programme shall be implemented in accordance with a curriculum

decided by the Swedish Chemicals Agency and ends with a

proficiency test.



Before the syllabus is decided to the Swedish Chemicals Agency hearing

The State's agricultural work and other relevant authorities.



section 14 of the State's agricultural work and the Swedish Chemicals Agency may, within

their respective areas of responsibility, provide for the

the County Board shall offer such training referred to in 11 and

13 sections and on how the County Board will conduct the training.



section 15 of the authority or the County Administrative Board has given a

training under 11, 13 or section 14 shall issue a

training certificates to those who have participated in such a

education and passed a proficiency test with approved

results.



16 §/expires U: 2016-04-15/

The authority provides training in accordance with the

11 or section 13 shall recognise certificates issued

by an authority in another country within the European Union

or the European economic area, on the proof

evidence of adequate knowledge of the subjects included in the

Curriculum Authority has decided under section 12 or 13.



16 section/entry into force: 04/15/2016

Provisions on temporary mobility and recognition of qualifications acquired or recognised in another State within the European economic area (EEA) or Switzerland, see law (2016:145) on the recognition of professional qualifications and in the regulations issued in connection with the Act. Regulation (2016:176).



section 17/expires U: 2016-04-15/

The authority provides training in accordance with section 11 or 13

may, within its area of responsibility, provide for



1. how long a certificate to be valid, and



2. What is required for recognition of a foreign

diplomas under section 16 and for how long a recognition shall

be valid.



section 17/entry into force: 04/15/2016

The authority provides training in accordance with section 11 or 13 may, within its area of responsibility, provide for the duration of a certificate shall be valid.

Regulation (2016:176).



Usage authorizations for plant protection products



section 18 of a plant protection product under section 8 are assigned to class 1

professional use only and only by the

such a use permit for a plant protection product in class 1

that covers the use for which the product is authorised.



section 19 of a plant protection product under section 8 are assigned to class 2

professional use only and only by the

such a use permit for a plant protection product in class 1

or in class 2 which covers the use for which the product is

approved for.



section 20 inquiries about licences under section 18 or 19

be reviewed by the



1. The State's agricultural work, in terms of use



a) in agriculture, forestry, park maintenance or

gardening,



b) on land for apartment buildings,



c) on farms to schools and kindergartens,



(d)) on the playgrounds that the public has access to,



e) in sports and leisure facilities,



(f)) in the planning and public works,



g) on roads and embankments,



h) on grusytor and other very permeable surfaces, and



in) on the surfaces of asphalt or concrete, or other paved

materials,



2. The public health agency, for the use in and

near warehouses or other storage areas, and



3. the working environment authority, as for other use.



section 21 of a use permit in accordance with section 18 or 19 shall be given

only to the



1. have the specific knowledge needed to manage

the vehicle in a safe manner, and



2. can view it with a valid certificate.



section 22 of a use permit in accordance with section 18 or 19 may only

is given for some time and should be reconciled with the conditions needed

with regard to the protection of human health or the environment.



section 23 of the authority under section 20 hearing questions about

use permit may, within its area of responsibility to inform

regulations on



1. what knowledge required under section 21 (1),



2. conditions in General to give permission, and



3. the period of validity of the authorization.



The regulations shall mean that the user should have achieved

certain age.



Before the authority makes such provisions, it shall hear the

The Swedish Chemicals Agency and other relevant authorities.



section 24 of the authority under section 20 hearing questions about

use permit may, within its area of responsibility give dispensation

from the requirement for diplomas in 21 § 2, if the user

have previously had permission to use plant protection products in

class 1 or 2 and there is a special reason. A

exemption shall be limited in time and shall relate to a maximum of one year.



section 25 of the State's agricultural work may provide for the

authorisation and exemption issues under section 20 or 24,

be heard by the State's agricultural work rather than to

the County Administrative Board.



The provision of plant protection products



section 26 A Distributor may provide plant protection products on the

the market only if:



1. the premises of the Distributor is someone who has a valid

diplomas, and



2. the certificate is available at

the sale to answer any questions about the use of

medium, risks to health and environment from the use and measures

to manage these risks.



paragraph 27 of the Swedish Chemicals Agency may provide for

exceptions from the requirement for diplomas in 26 § 1 too much

small distributors who only sells products

professional use.



section 28 of a plant protection product under section 8 are assigned to class 1

or 2 may be transferred only to the



1. have a use permit in accordance with section 18 or 19, or

have someone at home who has a use permit, or



2. intends to transfer the vehicle ahead and have someone with him who

have a valid certificate.



Provisions on the transfer of the plant protection product is

particularly hazardous chemical products can be found in the regulation

(2008:245) on chemical products and biotechnical organisms.



section 29 of The transferring pesticides for non-professional

users must provide information on the risks to human

health and the environment that the use of plant protection products is United

with, in particular on hazards, exposure, proper storage,

management, distribution and safe disposal, as well as on

low-risk option.



section 30 of the Swedish Chemicals Agency must notify the closer

regulations as necessary for the execution of 26 and

29 sections.



The use of plant protection products



section 31 of article 55 of Regulation (EC) No 1107/2009 there is a

provision for the use of plant protection products shall comply with the

General principles of integrated pest management as



1. does a careful consideration of all available

plant protection techniques and subsequent integration of appropriate

measures that discourage the development of populations of

harmful organisms and that limits the need for chemical

plant protection products used in cereal seed for growth regulation

and to facilitate harvest,



2. keep the use of plant protection products and other forms of

intervention at levels that are economically and ecologically

justifiable and that reduces or minimizes the risks of

human health and the environment, and



3. Emphasizes the cultivation of a healthy crop with the least possible

interventions in agricultural ecosystems and encourages natural

mechanisms for the control of pests and weeds.



32 § the State's agricultural work may provide for the

General principles of integrated pest management in accordance with

Annex III to Directive 2009/128/EC, in the original

the wording.



Before the Agriculture Department will notify such provisions to the work

hear the Swedish Chemicals Inspectorate and, if

forest land is concerned, the Swedish forest Agency.



33 § anyone considering the use of plant protection products shall, if

multiple plant protection products or methods are available for

the same use and purpose, as far as possible

Choose the method or medium which is least harmful to

human health and the environment.



34 § in the choice of plant protection products, priority is given to



1. funds which are not dangerous for the aquatic environment according to

The Swedish Chemicals Agency's rules on classification and

labelling of chemical products or regulation (EC) no

1272/2008, the wording under Commission Regulation (EU) no

487/2013, and



2. products not containing alachlor, atrazine, anthracene,

benzene, brominated diphenyl ethers, pentabromodiphenylether,

cadmium or cadmium compounds, chloralkanes have, chlorfenvinphos,

Chlorpyrifos, klorpyrifosetyl, 1.2-dichloroethane, dichloromethane,

di (2-ethylhexyl) phthalate (DEHP) diuron endosulfan,,, fluoranthene,

hexachlorobenzene, hexachlorobutadiene, hexachlorocyclohexane,

isoproturon, lead, lead compounds, mercury,

Mercury compounds, naphthalene, nickel, nickel compounds,

Nonylphenol (4-Nonylphenol), octylphenol,

4-(1,1 ', 3, 3 '-2,2'-methylene-bis-6-(2H-benzotriazol-2-yl)-4-Tetra-methyl-butyl-1,1,3,3-phenol-phenol), pentachlorobenzene,

pentachlorophenol, poly aromatic hydrocarbons, (benzo (a) pyrene),

(benzo (b) fluoranthene, benzo (g, h, i) perylene),

(benzo (k) fluoranthene, indeno (1,2,3-cd) pyrene), simazine,

tributyltin compounds, (tributyltennkatjon), trichlorobenzene,

trichloromethane, chloroform or trifluralin.



35 section On using plant protection products shall, as far as

possible,



1. use the most efficient distribution technology,



2. take measures that minimize the risk of contamination from outside

the area where the distribution takes place,



3. determine and follow safety distance when applying outdoors


that in the circumstances at the site of

the handling is needed to protect water supplies, groundwater,

Lakes and rivers, and surrounding land from the effects of

plant protection products, and



4. otherwise take the precautions with regard

the circumstances at the place of management is needed for

to protect human health and the environment.



36 § environmental protection agency may provide for



1. safety distances and precautions according to § 35

needed to protect water supplies, groundwater, lakes and

rivers and surrounding land from the effects of

plant protection products and to protect human health and the

the environment,



2. prohibited without the permission of the local Government Board

professional use of plant protection products within a

water protection areas, and



3. obligation to inform about accidents or incorrect

management at the distribution of plant protection products.



Regulations referred to in the first subparagraph 2 shall not apply to an

water protection areas or parts of a water protection area

covered by the provisions adopted by virtue of Chapter 7. 22

§ environmental regulations prohibiting the use of plant protection products.



Before the environmental protection agency Announces rules referred to in the first

paragraph, the authority hearing the State's agricultural work,

The Swedish Chemicals Agency, NFA, maritime and

the water authority, the Swedish forest Agency and geological

survey.



Special restrictions for certain uses



37 § plant protection products may not be used in meadows or

pasture land that is not suitable to plow but can be used

for mowing or grazing.



section 38 the State's agricultural work must notify such provisions if

derogation from the prohibition provided for in paragraph 37 that is needed to prevent

the spread of invasive alien species.



section 39 the Municipal Board may, in the particular case, give

exemption from the prohibition in section 37, if there are special reasons,

the plant protection product are approved by the Swedish Chemicals Agency and

the use is consistent with the terms of the marketing authorisation.



39 a of Chemical plant protection products may not be used to combat



1. vegetation in lakes, rivers, wetlands and other water bodies, or

1

2. harmful nematodes in the soil at cultivation of crops intended for the production of food or feed. Regulation (2015:375).



39 b of Chemical plant protection products are fungicides may not be used to treat fruit and potatoes after harvesting.

Regulation (2015:375).



§ 39 c 39 39 prohibitions in paragraphs a and b does not apply to the use of plant protection products as the Swedish Chemicals Agency has decided to allow, in accordance with article 53 of Regulation (EC) No 1107/2009, in the original wording. Regulation (2015:375).



section 39 d of the State agricultural works, in the particular case waive the bans in 39 39 (a) and (b) sections, about 1. the vehicle is approved for the purpose by the Swedish Chemicals Agency,



2. There are special reasons, and 3. the control or treatment that the exemption concerns cannot be met with non-chemical methods.

Regulation (2015:375).



40 § it is forbidden without special permission of the

Municipal Board Professional using plant protection products



1. the land for apartment buildings,



2. on farms to schools and kindergartens,



3. on the playgrounds that the public has access to,



4. in the parks and gardens where the public has access,



5. in the field of sports and leisure facilities,



6. in the planning and public works,



7. on the road and on grusytor and other very

permeable surfaces, and



8. on the surfaces of asphalt or concrete, or other paved

material.



The permit requirement in the first paragraph 7 and 8 do not apply

the use of plant protection products



1. on roads, in order to prevent the spread of invasive

alien species or other species covered by

rules on control that State's agricultural work has

notified, or



2. on the embankments.



section 41 is prohibited without prior written notification to the

Municipal Board Professional using plant protection products



1. on roads, in order to prevent the spread of invasive

alien species or other species covered by

rules on control that State's agricultural work has

announced,



2. on the embankments, and



3. in areas not subject to authorisation under

40 section and have a continuous area exceeding 1 000

square meters where the public may travel freely.



The notification requirement of the first paragraph 3 does not apply to the use

on arable land.



The notifiable activities may commence no sooner than

four weeks after the notification has been made, unless the Board

determines otherwise.



the provisions of § § 37 42, 40 paragraph 4 – 8 and 41 §

does not apply to the use which



1. has the character of spot treatment, and



2. has such a limited extent that human health and the

the environment is not likely to be damaged.



43 § Swedish environmental protection agency



1. notify the details relating to the exemption under section 39, and



2. in the case of use of plant protection products than

the use of forest land provide for

enforcement of sections 40 to 42.



Before the environmental protection agency will notify such provisions shall

the work told the State's agricultural work, the Swedish Chemicals Agency,

Marine and water, National Board of forestry, Sweden

geological survey.



44 § Forestry Board may, in respect of the use of

plant protection products on forest land, provide for

the enforcement of paragraph 41 (3) and section 42



Before the forest Board such regulations should work

hear the environmental protection agency, the State's agricultural work,

The Swedish Chemicals Agency, marine and water and

The geological survey.



Information to the public



section 45 The intending to spread pesticides in areas where

the public may travel freely, with the exception of arable land, the

before the distribution is made to inform about it on clearly visible

appropriation.



The first subparagraph shall not apply to such distribution that has character

the spot treatment and who has such a limited scope

to human health and the environment are not likely to be damaged.



46 section environmental protection agency may provide for how

the obligation to provide information under section 45 is to be performed.



Exemption from the prohibitions in chapter 14. section 7 of the environmental code



47 § Swedish environmental protection agency in the particular case give dispensation

from the prohibition against scattering from aircraft in chapter 14. 7 §

first subparagraph, the environmental code, in the case of plant protection products, if it

There are serious reasons and



1. dispersing from aircraft is the only working

option to achieve the purpose of the dissemination or

means clear benefits for human health or the environment

compared to ground-based distribution options,



2. plant protection product are approved by the Swedish Chemicals Agency and

the use is consistent with the terms of the authorisation,



3. a person who intends to carry out the spread has a

licences under this regulation for

the plant protection product, and



4. the area covered by the intended dissemination does not

is adjacent to residential areas.



Before the environmental protection agency provides such a dispensation to work hearing

National Board of forestry, the State's agricultural work, the Swedish Chemicals Agency

and marine and water.



48 § the Swedish Chemicals Agency, in each case provide

exemption from the prohibition in chapter 14. the second subparagraph of paragraph 7 the environmental code

to spread pesticides for the control of lövsly, if the

required for scientific examination.



49 § National Board of forestry, in the particular case waive

prohibition in chapter 14. the second subparagraph of paragraph 7 the environmental code to spread

plant protection products for the control of lövsly, if the

to the location and nature of the forest, forest stock

composition, the effect on living conditions

for plant and animal life, and other general interests are not

reasonably possible that by clearing using mechanical means

meet the requirement if the regrowth of forest in section 6 of the forestry law

(1979:429).



50 § A dispensation according to 47, 48 or 49 § shall be combined with the

conditions needed from health and environmental protection point of view. A

such exemption may be subject to requirements for notification before

the plant protection product is used.



Application equipment



51 section Equipment for professional distribution of plant protection products

must be in good condition, suitable for the purpose and well

calibrated.



the entry into force of § 52/in: 2016-11-26

Equipment for professional distribution of plant protection products

may be used only if the user of the equipment can view

It is approved by the State's agricultural work.



53 § State agricultural works, notify



1. the regulations on the requirements needed to

comply with section 51,



2. regulations for exceptions to the requirement for consent in section 52,



3. regulations on the inspection of application equipment, and



4. regulations on the requirements of the controlling

application equipment and the equipment used in

the control.



Before the Agriculture Department will notify such provisions to the work

hear the Swedish forest Agency, the environmental protection agency and

The Swedish Chemicals Agency.



section 54 of the State agricultural works, approve the application equipment

According to section 52, if



1. the equipment has been checked by someone who has their

control activities are reported in the Agriculture Department and the

carried out the inspection



a) meets the requirements for inspection activities

According to the rules given under paragraph 53

paragraph 4, and



(b)) has established a protocol that indicates that the control

been made, the time of the check and what it included and

that the equipment meets the requirements of the regulations

notified pursuant to paragraph 53 1 and 3, or



2. equipment has been inspected and approved in a different


country in the European Union or the European economic

area and the check shows that the equipment

to satisfy the requirements referred to in 1 (b).



An approval shall be limited so that it does not apply

until the day that is three years after the

the control that is the basis for approval.



55 § the State's agricultural work may provide for



1. requirements for such protocols as referred to in paragraph 54 1

(b), and



2. approval for a type of equipment shall have a

other validity than that set out in paragraph 54.



Before the Agriculture Department will notify such provisions to the work

hear the Swedish forest Agency, the environmental protection agency and

The Swedish Chemicals Agency, unless it is unnecessary.



Documentation in the dispersion



56 § The professional use of plant protection products shall

document any use of plant protection products and enter

the safety distance that have been held during propagation that occurs

outdoors, what other precautions for the protection against

environmental impacts have been taken at distribution, and of which

the purpose of the plant protection product has been used.



57 § the State's agricultural work may provide for



1. the documentation requirement in section 56,



2. how the record keeping, as referred to in article 67(1) of

Regulation (EC) No 1107/2009, in wording, in accordance with Council

Regulation (EU) no 518/2013, apply to professional

users, must be fulfilled,



3. requirements for the documentation needed to

assess whether sufficient account has been taken of the pollinating

insects in the distribution of plant protection products, and



4. requirements for documentation of integrated pest management

applied.



Before the Agriculture Department will notify such provisions to the work

hear the environmental protection agency, the Swedish Chemicals Agency and

The Swedish forest Agency.



Management of plant protection products when not in use



58 § When a plant protection product is not used, it is stored and

the remainder is managed in a manner that does not present any risk to

damage to human health or the environment.



Dilution and mixing of pesticides before spreading

as well as cleaning after the dissemination of the equipment used

shall be carried out in such a way that it does not involve any risk

for damage to human health or the environment.



Regulations on the management of waste, see Chapter 15.

environmental and waste regulations (2011:927).



59 § environmental protection agency may provide the additional regulations

on the storage and handling of plant protection means

in order to protect human health and the environment.



Before the environmental protection agency will notify such provisions shall

the work told the State's agricultural work, the Swedish Chemicals Agency and,

on issues related to forest land, the Forestry Board.



Goods which have been treated with plant protection products



60 § cereals, potatoes or other seed that has been treated

with plant protection products may only be used as the seed.



61 § Packaging that has been used for the storage of seed

referred to in § 60 may not be used for other purposes.



62 § conifer seedlings which have been treated with a chemical

plant protection products may be introduced to Sweden only if the vehicle

According to Regulation (EU) No 1107/2009, in wording, in accordance with Council

(EU) no 518/2013, is approved for the use of any of the

The Member States of the European Union.



63 § the Swedish Chemicals Agency, in each case provide

exemption from the prohibition in § 62, if there are special reasons.



Before the exemption issue is determined to be the Swedish Chemicals Agency hearing

The Swedish forest Agency.



National action plan, risk indicators and priorities



64 § State agricultural work to take forward proposals for national

action plan in accordance with article 4 of Directive

2009/128/EC, in the original wording.



The Agriculture Department should continuously evaluate national

the action plan and will be for the Government to submit proposals to the

changes as deemed necessary.



When the Agriculture Department prepares a proposal for a national

action plan or changes in the plan should work hear

The Swedish Work Environment Authority, The Environmental Protection Agency, The Swedish Chemicals Agency,

Marine and water, the Swedish forest Agency and other interested

authorities and otherwise follow what indicated on public

participation in article 4(5) of Directive 2009/128/EC in

original wording.



section 65 of the State agricultural works



1. calculate harmonised risk indicators as referred to in article

15(1) of Directive 2009/128/EC, in the original wording,



2. identify trends for the use of certain active

substances, and



3. identify priorities, such as active substances, crops,

regions or cultivation methods that require special

attention, or good practices that can serve as an example for

to achieve the objective of reducing the risks associated with

pesticides and to encourage the development and

the introduction of integrated pest management and of alternative methods

in order to reduce dependency on plant protection products.



Agriculture Department shall make the information referred to in the first

paragraph accessible to the public.



66 § the Swedish Chemicals Agency shall provide the State's agricultural work it

help needed for the Agriculture Department to carry out

their duties under section 65.



Chapter 3. Biocidal products



section 1 of this chapter contains provisions on the provision

on the market and use of biocidal products.



For biocidal products which are not subject to approval

under Regulation (EC) No 528/2012 also applies to Chapter 4.



EU: s biocidförordning



section 2 of the Regulation (EC) No 528/2012 contains provisions on

"making available on the market and use of

biocidal products.



Prohibitions on the provision of certain biocidal products on

the market can be found in article 4 of Commission Regulation (EC)

No 1451/2007 of 4 december 2007 on the second phase of the

ten-year work programme referred to in article 16(2) of

European Parliament and Council Directive 98/8/EC concerning the placing

biocidal products on the market.



paragraph 3 of the Swedish Chemicals Agency examines the questions on licensing,

authorization, waiver, and other measures should be examined in

The Member States of the European Union under Regulation (EC) no

528/2012, in wording pursuant to European Parliament and Council

Regulation (EU) No 334/2014. Before The Swedish Chemicals Agency

determine any such question should inspection told the NFA

and the State's agricultural work, unless it is clear

unnecessary.

section 4 of the Swedish Chemicals Agency is the competent authority

referred to in article 81 of Regulation (EC) No 528/2012, in

the wording according to Regulation (EU)

No 334/2014.



paragraph 5 of the Chemicals Inspectorate must notify the rules

necessary by reason of Regulation (EC) No 528/2012, in

the wording according to Regulation (EU)

No 334/2014.



section 6 of the General physician, in the particular case waive

requirements of Regulation (EC) No 528/2012, in wording as

European Parliament and Council Regulation (EC) No 334/2014;

When it is necessary because of the Swedish defence interests.

Before such an exemption is given, the General physician consult

The Swedish Chemicals Agency.



Privilege classes



7 § When a biocidal product authorised under Regulation (EC) no

528/2012 or Chapter 4. This regulation, the health

and environmental risks to be assessed by reference to the area.

On the basis of such an assessment, the product should be assigned to

any of the following classes:



– class 1, if the product may only be used professionally by

Anyone who has a use permit,



– class 2, if the product may only be used professionally,

and



– class 3, where the product can be used by everyone.



section 8 of the Swedish Chemicals Agency must notify the

the criteria set out in section 7 for entry of biocidal products

to classes.



Swedish label



§ 9 a biocidal product available on the market in

Sweden shall be marked on the Swedish.



Provision of biocidal products



10 § whoever on the market provide a biocidal product

to non-professional users in the provision

inform that the product must be used in a secure

way.



The information shall



1. contain an invitation to always before use read the

label found on the packaging and other

product information, and



2. disclosed in such a way that it clearly

from other information.



Knowledge requirements for use of biocidal products



section 11 of a biocidal product under section 7 are assigned to class 1,

be used only by those who have the specific knowledge

required to handle the product in a safe manner.



11 a §/entry into force: 04/15/2016

Provisions on temporary mobility and recognition of qualifications acquired or recognised in another State within the European economic area (EEA) or Switzerland, see law (2016:145) on the recognition of professional qualifications and in the regulations issued in connection with the Act.

Regulation (2016:176).



section 12 of the Swedish Chemicals Agency may provide for



1. a biocidal product under section 7 are assigned to class 2

may be used only by those who have the specific knowledge

required to handle the product in a safe way, and



2. that the user of a biocidal product in accordance with article 7 of

assigned to class 1 or 2 will have reached certain age.



paragraph 13 of the public health authority may provide for the

knowledge required by section 11 in respect of measures against

vermin and pests according to Chapter 9. section 9 of the Environment Act.

Regulations may require that the user should have

reached certain age.



section 14 of the Swedish work environment authority may provide for the

knowledge required by section 11 in the case of other


use than action against vermin or pests under 9

Cape. section 9 of the Environment Act. Regulations may require that the

the user should have reached a certain age.



Licences for biocidal products



section 15 a biocidal product under section 7 are assigned to class 1,

used only by the person who has a use permit for

biocidal products which include the use to which the product is

approved for.



section 16 Questions about usage permission for biocidal products

be reviewed by the



1. The public health agency, with regard to measures against vermin

and pests according to Chapter 9. section 9 of the Environment Act, and



2. the working environment authority, as for other use.



section 17 a use permit may be granted only to those who can

demonstrate that he or she has the specific knowledge required

According to section 11 and the provisions adopted by the

The public health authority under section 13 or the work environment authority

According to section 14.



section 18 of the public health agency and the Swedish work environment authority may notify the

details relating to the



1. conditions for giving an authorization under section 15,

and

2. the period of validity of the authorization.



Regulations may require that the user should have

undergone a special training. Before a regulation

be communicated to the authority shall hear the Swedish Chemicals Agency.



Handling of biocidal products



section 19 When a biocidal product is not being used, it is stored and in

the rest is managed in a manner that does not present any risk to

human health or the environment.



Regulations on the management of waste, see Chapter 15.

environmental and waste regulations (2011:927).



section 20 of the environmental protection agency may announce the rules from

health and environmental protection are needed in case of



1. precautions for handling of biocidal products,



2. requirements for registration or authorization for commercial use

of biocidal products,



3. requirements for documentation on handling of biocidal products,

and



4. obligation to inform about the proliferation of biocidal products

in a place that the public has access to.



Before the environmental protection agency will notify such provisions shall

the work told the State's agricultural work, the public health agency,

The Swedish Chemicals Agency and marine and water.



Exemption from the prohibition of the dissemination of aircraft



section 21 in respect of the dissemination of biocidal products from aircraft

get the environmental protection agency in the particular case waive

prohibition in chapter 14. paragraph 7 of the first paragraph, the environmental code, if the

There are serious reasons. Before the environmental protection agency provides such a

exemption, the Agency told the Swedish Chemicals Agency, maritime and

the water authority, the State's agricultural work and

The Swedish forest Agency.

A waiver should be reconciled with the conditions

needed from health and environmental protection point of view.



Chapter 4. Biocidal products which are not covered by the EU standards on

approval



section 1 of This chapter only applies to biocidal products in accordance with

Article 89(2) of Regulation (EC) No 528/2012, in wording as

European Parliament and Council Regulation (EC) No 334/2014;

not subject to approval in accordance with the regulation.

Regulation (2015:140).



Approval



section 2 of the Swedish Chemicals Agency examines issues concerning the approval according to

Chapter 14. section 10 of the environmental code of such biocidal products referred to

in section 1. Before the Swedish chemicals agency determines such a question to be

inspectorate told the NFA and the State's agricultural work,

unless it is obviously unnecessary.



paragraph 3 of the Swedish Chemicals Agency shall notify such provisions if

exemption from the requirement to obtain the approval in chapter 14. section 4 of the environmental code

that there are special reasons for. Regulation (2015:140).



3 a of the Swedish Chemicals Agency may grant an exemption from the requirement of

the approval in chapter 14. section 4 of the environmental code, if there are special

reasons. A waiver should be reconciled with the conditions required by

regard to the protection of human health and the environment.

Regulation (2015:140).



4 of a biocidal product shall be authorised only if the product is

acceptable from the point of view of protection for health and the environment and is needed in

control purposes.



When the authorisation concerns a product which is the same as a

previously approved product, the new product approval

only if the applicant demonstrates that all reasonable measures have

taken, in order to avoid unnecessary animal testing,

agree with the person who has the right to documentation for

the previously approved product on how data on the

previously approved product and its active substance,

use common to both products.



A biocidal product shall not be authorised if its designation can

is considered to be misleading as to the product's composition,

mode of action and properties in General, or may lead to

confusion with other biocidal product or a

plant protection products.



5 § the Swedish Chemicals Agency may provide for the

conditions for approval to apply under the

regarding the composition, mode of operation and

properties in General and the need on the basis of

control purposes.

section 6, an application for authorisation or

Amendment of an authorisation shall be made by, or on behalf

by the responsible or will be responsible for

the product is provided for the first time on the Swedish

the market. The applicant shall have a permanent Office in a country

within the European Union or the European economic

area.



section 7 of the application for approval shall include a documentation

about the product and its active substance.



section 8 in respect of active substances on the market prior to the

on 14 May 2000 and biocidal products containing them

active substances applies to information in documentation

attached to the application for approval must be used for the benefit

for other applicants at the earliest after 31 december 2024.



If the information is protected under the provisions of law or

other regulation and the protection will expire before 31 december

2024, the first subparagraph is not that the information is used

After the previous time.



The first subparagraph shall not apply if the applicant has permission to

using the data from the originally submitted

documentation or from someone whose right to give permission

to the use of the documentation can be traced back to the

which originally gave it up.



§ 9 instead of requiring documentation may

The Swedish Chemicals Agency accept that the applicant refers to the

information supplied in respect of a previously approved

biocidal product if the applicant demonstrates that the new product is similar to

the past and contain the same active substances with the same

of purity and nature of impurities.



The first subparagraph shall not apply in contravention of section 8 or

Article 60 of Regulation (EC) No 528/2012, in wording as

European Parliament and Council Regulation (EC) No 334/2014.



section 10 in connection with the authorisation of a biocidal product,

The Swedish Chemicals Agency, if the applicant so requests, establish a

frame formulation that implies a specification for a group

biocidal products with the same application and the same

user category.



11 § instead to require documentation under section 7,

The Swedish Chemicals Agency to put such a framework formulation referred to

in paragraph 10 of the basis for a subsequent approval by a

biocidal product, if the latter product compared to the

previously approved product has the same use and

user category and



1. have a lower content of active substance, and



2. the content of the rest of the non-active substances, pigments,

dyes or perfumes are the same, or have been altered without

the risk level has increased or decreased the efficiency.



section 12 of a decision under section 11 if adding a frame-formulation

the basis for a subsequent approval may only be granted if

It is in accordance with section 8 and if the applicant can show their

permission to add the frame formulation as the basis of their

the application. Such a decision may not be announced later than 60

days from receipt of the application.



paragraph 13 of the Swedish Chemicals Agency may provide for the

documentation and samples needed to authority

to carry out its review.



section 14 does not require a new authorisation to a

other names provide a biocidal product on the market in

essence is similar to a product that is approved

under this regulation, of the like product



1. contains the same active substance in the same level as the

approved product,



2. is manufactured according to the same method as the approved

the product,



3. have the same functions and features as the approved

the product,



4. meet the same security requirements as the approved

the product,



5. have a title that may not lead to confusion with the

approved product or would otherwise be contrary to the provisions of paragraph 4 of the third

subparagraph, and



6. is enrolled in the Swedish Chemicals Agency and notification

contains the documents necessary to demonstrate compliance with the requirements of

1 – 5 are met.



section 15 of the Swedish Chemicals Agency shall keep a record of the name

notified in accordance with section 14.



section 16 in order to ensure that such rules referred to in

section 5 is followed, the Swedish Chemicals Agency decide that approval

shall be subject to special conditions in addition to the following

of the provisions on the management, classification,

packaging, labelling and other product information. The

special conditions to be specified in the authorisation.



Before the Swedish Chemicals Agency decides on any specific

conditions are really hear the Food Administration, Statens

agricultural work and other relevant authorities, if it is not

obviously unnecessary.



section 17 Of chapter 14. section 10 of the environmental code indicates that an approval

may be granted for a maximum of 10 years.



section 18 of the period of validity of an authorisation may be extended if the

the conditions for approval are still fulfilled.


The Swedish Chemicals Agency may decide that approval shall

should be extended for the time required for this test.



Review and termination of authorisation



section 19 of an approval shall be reviewed, if there is evidence that

indicates that a condition referred to in section 5 is not

met.



In the case of a review under the first paragraph,

The Swedish Chemicals Agency, require that the holder of the authorisation

provide the information needed for the review. Inspection

may decide that approval shall be extended for the time

needed for the review and for the provision of the information

required.



section 20 of an approval may be amended



1. If the applicant for the approval request and State

the reasons for it, or



2. in the case of the terms and conditions of use, on an amendment to the

the light of new scientific and technical knowledge is justified

from the point of view of human health or the environment.



A change may be made only if the conditions referred to in

§ 5 are still fulfilled.



section 21 of an approval may be amended in respect of the

area of use.



A change may be made only if the conditions referred to in

§ 5 are still fulfilled.



section 22 of an approval shall be revoked, if



1. the conditions referred to in section 5 is no longer

fulfilled, or



2. false or misleading information has been provided

with respect to the facts on the basis of

the approval.



An authorisation may also be cancelled if the applicant for

the approval request and state the reasons for it.



section 23 in connection with that termination or modification of an authorisation

Swedish Chemicals Agency may decide that remaining stocks of

the product must be disposed, stored, made available on the

the market and used for some time. Time to be determined

in view of what caused the suspension.



The decision should not mean that a product is provided on

market or used in contravention of other provisions that are

applicable to the product.



The Swedish Chemicals Agency must notify the

implementation of the first subparagraph.



Production, storage and transport of biocidal products

approved in other countries



section 24 a biocidal product shall be manufactured, stored, or

be transported even if it is not approved by

The Swedish Chemicals Agency, if it is approved in another country

within the European Union or the European economic

area and is not intended to be used in Sweden.



Packaging and labelling



Article 25 of the Swedish Chemicals Agency must notify the regulations on

packaging and labelling of biocidal products as needed with

regard to the protection of human health and the environment.



paragraph 26 of a biocidal product shall not be made available on the market

If it is not packaged and labelled according to the provisions

The Swedish Chemicals Agency has notified under section 25.



Use



section 27 a biocidal product to be used in a manner that is

complies with the conditions for approval referred to in

paragraph 5, the terms have been decided in accordance with section 16 and the

information provided on the label under section 25.



The professional use of a biocidal product shall,

combining physical, biological, chemical or other

methods appropriately restrict the use to which

is absolutely necessary.



Duty to notify



section 28 of The manufacturing or in the market provides a

biocidal product shall immediately notify the Swedish Chemicals Agency

If, after the approval will generate new information on



1. that the product or residues of an active substance in the

can have harmful effects on human health, ground water

or the environment in General,



2. the composition of the product,



3. the origin of an active substance or composition,



4. development of resistance,



5. how the product is packaged, or



6. other circumstances that may be relevant for the

continued approval.



section 29 of the Swedish Chemicals Agency may announce detailed rules

If the notification obligation.



Temporary restrictions and prohibitions



30 § if there is reason to suspect that a

biocidal product presents an unacceptable risk to human health

or the environment, the Swedish Chemicals Agency temporarily restrict

or prohibit the use or sale of the product.

If the Inspectorate notifies such a decision, the inspection

immediately inform the European Commission and the other

Member countries of the European Union.



Transitional provisions



1. this Regulation shall enter into force on 26 november 2015

question about Chapter 2. 26 and 28 sections, on 26 September 2016 in relation to

Chapter 2. § 52 and 15 July 2014.



2. resolution on the authorization to use plant protection products in class 2

which has been granted in accordance with the Regulation (2006:1010) if

plant protection products before 15 July 2014, for the purposes of

Chapter 2. § 19 is considered permission to use

plant protection products in class 2.



3. Training of distributors according to Chapter 2. section 13 requires

not be offered before 1 January 2015.



4. in the case of the dissemination of plant protection products is made before the

1 January 2015 need documentation according to Chapter 2. 56-not

refer to plant protection product use purpose.



5. the provisions of Chapter 4. apply for the first time for

applications submitted to the Swedish Chemicals Agency after the

July 15, 2014.