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Regulation (2016:402) Of Nematodes, Insects And Arachnids As Pesticides

Original Language Title: Förordning (2016:402) om nematoder, insekter och spindeldjur som bekämpningsmedel

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1 §/expires U: 2016-08-01/

This regulation contains provisions on nematodes, insects and Arachnids as pesticides.



The regulation is notified pursuant



— Chapter 14. section 8 of the environmental code in terms of 3-7, 16 and 19 sections, and



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



the entry into force of § 1/in: 2016-08-01/

This regulation contains provisions on nematodes, insects and Arachnids as pesticides.



The regulation is notified pursuant



— Chapter 14. section 8 of the environmental code in terms of 3-7, 16 and 19 sections, – chapter 14. section 13 of the environmental code in sections 13 and 14, and



– Chapter 8. section 7 of the Constitution in respect of the other provisions. Regulation (2016:797).



section 2 of the Words in this regulation have the same meaning as in chapter 14. the environmental code.



Requirements for approval



paragraph 3 of the Nematodes, insects and Arachnids to be approved according to this regulation in order to get included in pesticide



1. entering Sweden from a country outside the European Union, the European economic area or Turkey, 2. placed on the market, or 3. used.



Exception to paragraph 4 of the requirement of consent does not apply nematodes, insects or Arachnids to be tested or included in a medium that must be examined according to 1. European Parliament and Council Regulation (EC) No 1107/2009 of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/11/EEC and 91/414/EEC, or



2. European Parliament and Council Regulation (EC) No 528/2012 of 22 may 2012 if the making available on the market and use of biocidal products.



section 5 of the environmental protection agency, in the particular case waive the requirement of the approval for use for research or development purposes. An exemption may be subject to the conditions that are required from a health or environmental protection.



Conditions for approval



section 6 of the Nematodes, insects and Arachnids may be approved only if they:



1. is acceptable from the point of view of health and environmental protection, particularly with regard to the impact on biodiversity, and



2. not included in the list of invasive alien species of Union concern that European Commission adopted pursuant to European Parliament and Council Regulation (EC) No 1143/2014 of 22 September 2014 on the prevention and management of the introduction and spread of invasive alien species.



section 7 of the environmental protection agency may attach an approval with conditions in terms of usage or any other circumstances required from a health or environmental protection.



Procedures for the authorisation



section 8 approval is given by the Swedish environmental protection agency 1. ex officio, examine whether nematodes, insects and Arachnids that European plant protection organization (EPPO) and the Mediterranean countries have specified in annex 1 to its list of biological pesticides with extensive usage in EPPO region (EPPO list) may be approved, or 2. After someone has requested it, try if a nematode, an insect or a arachnid may be approved.



§ 9 the environmental protection agency should keep themselves informed of the progress of the EPPO list and take appropriate measures regarding the approval or review, modification or revocation of an approval EPPO list raises.



section 10 of the environmental protection agency may provide for documentation and samples required for the environmental protection agency to carry out its review.



Before the environmental protection agency will notify such provisions to the work told the Swedish Chemicals Agency and the State's agricultural work.



section 11 Before the environmental protection agency decides a matter of approval, the Agency told the Swedish Chemicals Agency and the State's agricultural work.



List of approved nematodes, insects and Arachnids



section 12 of the environmental protection agency should maintain a list of the nematodes, insects and Arachnids that are approved in accordance with this regulation. The terms of approval shall be shown in the list.



The list shall be published in the manner applicable to regulations issued by the environmental protection agency.



Duty to notify



section 13/expires U: 2016-08-01/

Such information about the adverse effects referred to in chapter 14. section 18 of the Swedish environmental code shall be made to the environmental protection agency.



section 13/comes into force in: 2016-08-01/

The one to Sweden for the nematodes, insects or Arachnids that are approved in accordance with this regulation or the placing on the market the nematodes, insects or Arachnids that are approved in accordance with this regulation, it shall immediately notify the environmental protection agency after approval will forward information that the organisms may have harmful effects on human health or the environment.

Regulation (2016:797).



section 14/expires U: 2016-08-01/

The environmental protection agency may announce details relating to the notification obligation according to chapter 14. section 18 of the environmental code.



Before the environmental protection agency will notify such provisions to the work told the Swedish Chemicals Agency and the State's agricultural work.



the entry into force of section 14/in: 2016-08-01/

The environmental protection agency must notify the notification obligation laid down in section 13.



Before the environmental protection agency will notify such provisions to the work told the Swedish Chemicals Agency and the State's agricultural work.

Regulation (2016:797).



Review, amendment and revocation of authorisation



section 15 of the environmental protection agency may reconsider an approval if there is evidence that the conditions for approval referred to in paragraph 6 are no longer met.



In a review of an authorisation has been granted for an application under section 8 (2), environmental protection agency require the applicant to provide the information necessary for the review.



section 16 of the environmental protection agency to set aside approval of nematodes, insects or Arachnids, if the conditions for approval are no longer met.



If an authorisation is revoked, the environmental protection agency 1. immediately inform the applicant that the approval has been suspended, if the authorisation has been granted for an application under section 8 (2), and



2. update the list referred to in section 12.



section 17 Before the environmental protection agency decides a matter referred to in section 15 or 16, the authority shall hear the Swedish Chemicals Agency and the State's agricultural work.



Dissemination section 18 of The spreading the pesticides which consists wholly or partly of nematodes, insects or Arachnids,



1. do it in such a way that human health is not harmed, that people do not suffer any other nuisance and that the environmental impact is minimised, and



2. take measures to counteract the organism spreads beyond the intended area of distribution.



Supervision and fees



section 19 of the Regulations on supervision, see chapter 26. the environmental code and the environmental protection Decree (2011:13). Provisions on the operational supervisory responsibilities associated with this regulation can be found in Chapter 2. 19 and 21 of the environmental protection regulation.



section 20 of the regulations on fees for examination, see Regulation (2013:63) if the pesticide charges.



Appeals, penalties and forfeiture



section 21 of chapter 19. § 1 and 29. the environmental code includes provisions concerning appeal and if punishment and forfeiture.



Transitional provisions



2016:402



1. This Regulation shall enter into force on 1 July 2016.



2. The regulation repeals a) Ordinance (2000:338) for biocidal products containing nematodes, insects or Arachnids, b) Ordinance (2006:1010) on plant protection products containing nematodes, insects or Arachnids.



3. The repealed regulations still apply in respect of the examination of the applications for authorisation submitted before the entry into force.



4. The repealed regulations still apply in the case of marketing authorisations which have been granted in accordance with the regulations.