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Regulation (2006:1010) On Plant Protection Products Containing Nematodes, Insects Or Arachnids

Original Language Title: Förordning (2006:1010) om växtskyddsmedel som innehåller nematoder, insekter eller spindeldjur

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section 1 of this regulation is notified pursuant



— Chapter 14. section 8 of the environmental code in case of 5, 7-8, 20-21, 23, 29

and sections 37,



— Chapter 14. section 11 of the environmental code in terms of 10, 11 and 25 to 28 § §,



— Chapter 14. section 19 of the environmental code in terms of §§ 12 and 13, section 24

the second and third paragraphs and section 36, and



– Chapter 8. 7 and 11 of the Constitution in the case of other

provisions. Regulation (2014:428).



paragraph 2 of this regulation,



integrated control: a rational use of a

combination of biological, biotechnological, physical,

chemical or cultivation or breeding related

measures which limit the use of chemical

plant protection products to what is strictly necessary to

keep the stock of the harmful organisms at such a low level

to economically unacceptable damage or loss not

caused,



' harmful organisms ': pests of plants or plant products

belonging to the animal or plant kingdoms, or which are made up of

virus, bacteria or Mycoplasma or other pathogens,



active substances: substances or micro-organisms, including

viruses, having general or specific action against harmful

organisms or on plants, parts of plants or plant products,



plants: live plants and live parts of plants, including

fresh fruits and seeds,



plant products: products of plants that are unprocessed

or which have only undergone a simple preparation, such as

milling, drying or pressing,



plant protection products: chemical products, biotechnical organisms

as well as chemical or biological pesticides according to

the definitions in chapter 14. the environmental code which, in the form in which they

delivered to the user, intended to



– protect plants or plant products against harmful

organisms or prevent impact from such

organisms,



– influence the life processes of plants, other than as

nutrition,



to preserve plant products, in so far as the chemical product;

the biotech organism or the pesticide does not

covered by specific EU rules relating to preservatives,



– destroy undesirable plants, or



– destroy parts of plants or inhibit or prevent undesired

growth of plants, and



plant protection product directive: Council Directive 91/414/EEC of

15 July 1991 concerning the placing of plant protection products on the

the market, as last amended by Commission directive

2010/58/EU.



In addition, the terms and expressions in this regulation the same

meaning as in chapter 14. the environmental code. Regulation (2010:1196).



Scope of application



2 a of this Regulation shall apply to plant protection products

contains nematodes, insects or Arachnids and not

subject to approval in accordance with



1. 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, in

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



2. 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, in wording as

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

Regulation (2014:428).



2 b repealed by Regulation (2014:428).



2 (c) repealed by Regulation (2014:428).



2 (d) repealed by Regulation (2014:428).



Rules on exemptions



3 repealed by Regulation (2014:428).



Approval



section 4 of the Swedish Chemicals Agency examines issues concerning the approval according to

Chapter 14. section 10 of the environmental code of plant protection products covered by the

This regulation. If necessary, the authority shall hear the State's

agricultural works and NFA. Regulation (2014:428).



paragraph 5 of the Chemicals Inspectorate must 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 or in the case

provide an exemption from the requirement for approval. If a waiver is granted, the

It blends well with the conditions that are needed with regard to the protection

to human health and the environment. Regulation (2014:428).



repealed by regulation 6 (2014:428).



section 7 does not require a new authorisation to another

name place a pesticides on the market that in everything

essentially is the same as a medium that is approved according to

This regulation, on the same vehicle



1. contains the same active substance in the same content,



2. is produced by the same method as the authorised agent,



3. have the same functions and features as the authorised agent,



4. meet the same security requirements as the authorised agent,



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

approved agent or would otherwise be contrary to section 11, and



6. is notified to the Swedish Chemicals Agency and the notification contains

the documents necessary to demonstrate that the requirements of 1-5 is

met.



section 8 even though an approval under this regulation is repealed

Swedish Chemicals Agency may decide that a medium that is notified

under section 7, may continue to be placed on the market under

the remainder of the term of validity laid down in the decision on the

approval, if



1. the annulled the approval relates to a vehicle which is still

approved in another country of the European Union or the European

economic area,



2. the suspension does not refer to the product's efficacy or other

characteristics which are important from a health or

point of view of environmental protection, and



3. the conditions concerning the active substance for a

approval in the European Union or the European economic

area does not mean a geographical restriction

exclude the use of the vehicle in Sweden.



Conditions for approval



§ 9 an application for authorisation or for the amendment of an

approval shall be made by or on behalf of the

responsible or will be responsible for ensuring that the product was first released

on the market in Sweden. The applicant shall have a fixed

Office in a country within the European Union or the European

economic area.



section 10 of the Swedish Chemicals Agency must notify the

the conditions for the authorisation should apply according to chapter 14.

section 10 of the environmental code in terms of the composition of the plant protection product,

mode of action and properties in General and the need on the basis of

control purposes. Regulation (2008:259).



section 11 of a plant protection product shall not be authorised if its title

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

mode of action or characteristics in General, or may lead to

confusion with a different pesticides.



Requirements for documentation, etc.



section 12 of the application for approval shall include a documentation

about the product and its active substance.



If the active substance is included in annex 1 to

plant protection product directive and the applicant demonstrates that the applicant has

access to the complete dossier on the subject,

need application with regard to the active substance only contain

the documentation necessary to



1. identify the active substance, and



2. Note that the active substance in terms of purity

and the nature of impurities is not significantly different

from the Assembly that is specified in the documentation

that was the basis for the inclusion in annex I to

PPP directive.



paragraph 13 of the Swedish Chemicals Agency must notify the regulations on

documentation and samples required in respect of

plant protection product directive or as otherwise needed to

the inspection shall be able to carry out its review.



Use of the documentation submitted by applicants other



14 repealed by Regulation (2014:428).



15 repealed by Regulation (2014:428).



16 repealed by Regulation (2014:428).



section 17 was repealed by Regulation (2014:428).



section 18 is repealed by Regulation (2014:428).



§ 19 is repealed by Regulation (2014:428).



Conditions of an authorisation shall be accompanied by



section 20 When a plant protection product is approved, its health and

environmental hazards be assessed by reference to the

area of use. On the basis of such an assessment must

vehicle attributable to any of the following classes:



-class 1: funds may be used only for professional use

by special permit,



-class 2: funds may be used only for professional use

of satisfying specific skill requirements, if not

The Swedish Chemicals Agency decides otherwise in connection with the

authorisation, or



-class 3: funds that may be used by everyone.



section 21 in order to ensure that such rules referred to in

section 10 is followed, the Chemicals Inspectorate after consultation with other

the authorities concerned may decide that approval shall be subject

with special conditions in addition to the provisions of the applicable

regulations on management, classification, packaging,

labelling and other product information. The specific terms and conditions

shall be indicated in the authorisation. Regulation (2008:259).



The period of validity



section 22 of an approval may be given only for a certain time. Out of 14

Cape. section 10 of the environmental code, it appears that the time may be determined to

a maximum of 10 years.



If an active substance in the vehicle are listed in annex 1 to

plant protection product directive, approval is granted only for the time

the substance, as specified in the list, should be included

in the list. Regulation (2008:259).



section 23 of the period of validity of an authorisation may be extended if the

conditions for approval in section 10 is still

met. The Swedish Chemicals Agency may decide that approval

is extended for the time required for this test.



Obligation to inform about new information




section 24 Such notifications of adverse effects referred to in

Chapter 14. section 18 of the Swedish environmental code shall be made to the Swedish Chemicals Agency.



The program has been approved or a plant protection product in accordance with section 27

has received an extension of the product range of applications approved,

shall immediately inform the Swedish Chemicals Agency if

changing circumstances relevant to the approval.



The Swedish Chemicals Agency must notify the

the notification obligation. Regulation (2008:259).



Review, amendment and revocation of authorisation



section 25 approval may be reviewed if there are tasks that

suggests that any condition referred to in section 10 is not

met.



Upon reconsideration, the Swedish chemicals agency require the information

needed for the review. The inspection may decide to

the approval is extended for the time needed for the review

and for the provision of the information required.



section 26 an approval may be amended in respect of conditions for

use, if a change is justified in the light of new

Scientific and technical knowledge.



An amendment may also be made if the applicant for approval

request and state the reasons for it.



An amendment may be granted only if the conditions referred to

in section 10 are still fulfilled.



section 27 of the public or scientific bodies in the field of agriculture,

agricultural organisations and professional users may apply to

use of a plant protection product that is already authorised

should be broadened to cover purposes other than those covered

of the authorisation.



The application may be extended if the proposed use

is on a smaller scale and if necessary to meet the

public interests.



The Swedish Chemicals Agency may provide the additional regulations

If the conditions for enlargement is needed because of

Article 9(1) of the PPP directive.



section 28 an approval shall be revoked if the conditions

referred to in section 10 are no longer fulfilled, or if incorrect or

misleading information was submitted regarding the circumstances

on the basis of which the authorisation.



An authorisation may also be cancelled if the applicant for

the approval request and state the reasons for it.



If an authorisation is revoked, the Swedish Chemicals Agency

immediately notify the



1. a person who has a plant protection product authorised



2. under section 7 have signed a similar medium or

According to § 55 has received such funds registered, and



3. under section 27 has been an expansion of the product

use approved.



section 29 in connection with that approval is revoked,

The Swedish Chemicals Agency decide that existing stocks of the product

for disposal, storage, placing on the market and use of

during a certain period of time. The length shall be determined taking into account the

what caused the suspension.



The decision may not mean that the placing on the market

or used in contravention of other provisions applicable

at the vehicle.



The Swedish Chemicals Agency must notify the

the application of the first subparagraph.



section 30 is repealed by Regulation (2014:428).



section 31 Has been repealed by Regulation (2014:428).



repealed by regulation 32 (2014:428).



repealed by regulation 33 (2014:428).



repealed by regulation 34 (2014:428).



repealed by regulation 35 (2014:428).



Classification, packaging and labelling



36 § the Swedish Chemicals Agency must notify the regulations on

classification, packaging and labelling is needed with regard

to the protection of human health or the environment, or as needed

on the occasion of the PPP directive.



37 § plant protection products and active substances intended for use

in plant protection products may not be placed on the market unless they

classified, packaged and labelled in accordance with the regulations

referred to in section 36.



Manufacture, storage and transportation in some cases



38 section To a plant protection product is not authorized under the

the provisions of Chapter 14. Environment Act and this regulation,

not be added to the base to prevent the medium is manufactured,

stored or transported, if the product is authorised in another

country within the European economic area and is intended

to be used in such a country.



Despite the first paragraph, the Swedish Chemicals Agency, notify

rules about what the program produces, stores or

transporting pesticides must do to

the supervisory authority must be able to verify that the product is not

placed on the market in breach of the provisions of

approval. Regulation (2008:259).



Information on the transfer



38 a of The professional transferring pesticides to

someone who does not use the medium professional shall inform

the user of the



1. to use can result in a risk of injury or

inconvenience to human health and the environment,



2. the dangers of handling can mean and how should

stored, disseminated or otherwise handled,



3. how the residue after use should be taken care of, and



4. possible options that involve less risk.

Regulation (2012:236).



38 b of the Swedish Chemicals Agency may announce detailed rules

If the information referred to in section 38. Regulation (2012:236).



Use



39 section in 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,



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.

Regulation (2014:143).



39 a of the State's agricultural work may provide for the

General principles of integrated pest management in accordance with

Annex III to European Parliament and Council 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.



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. Regulation (2014:143).



Distribution of plant protection products



40 of a plant protection product which is especially harmful to

pollinating insects are not to be used for treating plants

during the time of day when the bumble bees and bees are active on

plant site.



If there are special reasons, the State's agricultural work Info

regulations on exemptions, or in each case decide on the

exemption from the prohibition laid down in the first subparagraph.



The State's agricultural work may provide for the obligation

to take notes at the professional distribution of such

plant protection products as referred to in the first paragraph.



40 a of The spreading plant protection products falling within class

1 or 2 under section 20 should make note of each dissemination action and

specify the safety distance that have been held at which

takes place outdoors, what other precautions for the protection

against environmental influences that have been taken by the proliferation, as well as in

What is the purpose of the plant protection product has been used.

Regulation (2014:143).



40 b of the State's agricultural work may provide for

Note the obligation in paragraph 40. Regulation (2014:143).



41 section environmental protection agency may announce further provisions concerning

the spread of a plant protection product, including the requirements for a permit

and notification for specific areas.



42 § the Swedish Chemicals Agency, in each case provide waivers

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

There are serious reasons, and from the prohibition in chapter 14. section 7 other

subparagraph, the environmental code, if required for scientific examination.



Before a decision to grant a derogation from the prohibition provided for in chapter 14. paragraph 7 of the first

subparagraph, the environmental code, Swedish Chemicals Agency shall consult with

The environmental protection agency, the State's agriculture and Forestry Board.

Regulation (2008:259).



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

prohibition in chapter 14. the second subparagraph of paragraph 7 the environmental code, if it is

account of forest location and nature, forest stock

composition, the impact on the living conditions of

plant and animal life, and other general interests cannot reasonably

going through clearing using mechanical means meet the requirement

If the regrowth of forest in section 6 of the Forestry Act (1979:429).

Regulation (2008:259).



section 43 (a) a waiver under section 42 or 43 to unite with the

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

such an exemption may also be reconciled with the requirements of notification before

the plant protection product is used.



A derogation from the prohibition provided for in chapter 14. first subparagraph of paragraph 7

the environmental code should always be combined with the conditions necessary for

to comply with article 9 (2) of the European Parliament and Council directive

2009/128/EC of 21 October 2009 establishing a framework

for Community action to achieve a sustainable use

of pesticides. Regulation (2012:236).



Knowledge requirements, etc. in some cases



44 § A plant protection products falling within class 1 or 2

under section 20 may be used only by those who meet specific

knowledge requirements.



Regulations on specific knowledge requirements may be subject to requirements on


to the user of the plant protection product must have achieved a certain

age.



section 45 the authority according to § 47 hears questions about permits

may provide for the skills that are required and if

age limits for use. Before a rule is announced,

the authority shall consult the Swedish Chemicals Agency.



section 46 Of regulations referred to in section 45 include requirements to

users of plant protection products must have undergone some

education, the State's agricultural work provide for

to the County Board shall ensure that the training is conducted

and how the provincial government will implement it.



Permission for use



47 § A plant protection products falling within class 1 under section 20

may be used only with special permission. A State must

be for some time.



Issue of permits is tested



1. as regards activities which mainly relate

Agriculture, forestry or gardening by State

agricultural works;



2. as regards measures against vermin and pests according to 9

Cape. section 9 of the Environment Act of the public health agency, and



3. in the case of activities other than in 1 and 2 of

The Swedish work environment authority.



The State's agricultural work may provide for the

licensing issues as referred to in the second subparagraph 1 shall be reviewed by the

Agriculture Department instead will be reviewed by the County Administrative Board.

Regulation (2013:905).



48 § 47 the authority under § examines the issue of permits

may provide details relating to the conditions for such

State. Regulations shall refer to conditions that have

importance of compliance with the provisions of section 39 or of

such provisions referred to in paragraphs 41 and 45. Before a

Regulation will be announced, the Agency shall consult with the

The Swedish Chemicals Agency.



Temporary restrictions and prohibitions



49 § if there is reason to suspect that an approved

plant protection products or a means that the Swedish Chemicals Agency

is required to approve poses a risk to human health

or the environment, it may temporarily restrict or inspection

prohibit the use or sale of the vehicle. If

the inspection shall notify such a decision, the inspection

immediately inform the European Commission and the other

the Member States of the European Union.

Regulation (2010:1196).



Some products that have been treated with plant protection products



50 § cereals, potatoes or other seed that has been used with

plant protection products may only be used as the seed.



The State's agricultural work may provide for



1. that the seeds referred to in the first subparagraph may be stored

only in some kind of container, and



2. that the packaging material that has been used for the storage of seed

referred to in the first subparagraph may not be used for other purposes

or may only be used for some other purpose.



51 § conifer seedlings which have been treated with a

plant protection products in the form of a chemical pesticides that are not

approved pursuant to this Regulation may not be recorded to the

Sweden.



If there are special reasons, the Swedish Chemicals Agency in

particular case waive the prohibition referred to in the first subparagraph.



Supervision and fees



52 § provisions 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, 20, 21 and 29 – 32 §§

environmental protection regulation.



Provisions on fees can be found in the Ordinance (1998:940) if

fees for the examination and supervision under the Environment Act.

Regulation (2011:42).



Appeal and penalty and forfeiture



53 of chapter 19. § 1 and 29. the environmental code includes provisions

on appeal, as well as penalties and forfeiture.



The exchange of information within the European Union, etc.



54 § in the case of messages, notifications and other

information to the European Commission and other

Member States of the European Union or the European

economic area, should the Swedish Chemicals Agency

carrying out the tasks that Sweden has, according to

plant protection product directive



1. transitional provisions,



2. measures to provide information on

applications and to make documentation available,



3. the provisions on Exchange of information on

decision in respect of acceptance, waiver and withdrawal

as well as lists of approved products,



4. measures to provide information on what

arrive in the examination of an application for authorisation,



5. measures to provide information on such

harmful effects referred to in section 24,



6. rules on derogations from the labelling requirements, and



7. provisions on the reporting of the results of the measures taken

supervisory measures. Regulation (2010:1196).



55 § the Swedish Chemicals Agency must keep a record of the name

notified under section 7.



Transitional provisions



2006:1010



1. This Regulation shall enter into force on 1 January 2006, when

Ordinance (1998:947) on pesticides shall cease to

apply.



2. Older rules still apply for decisions

granted prior to the entry into force.



2011:929



1. this Regulation shall enter into force on 1 August 2011.



2. Older provisions still apply to cases where

authorisation of plant protection products in the cases specified in article

80(5) of Regulation (EC) No 1107/2009.



2014:143



1. This Regulation shall enter into force on 17 april 2014.



2.40 a of the need to spread pesticides before

from 1 January 2015 do not annotate the purpose for which the product has

been used.