The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019

Commission Regulation (EU) No 547/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards labelling requirements for plant protection products

19.—(1) Commission Regulation (EU) No 547/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards labelling requirements for plant protection products is amended as follows.

(2) Before Article 1, insert—

“Article A1 Interpretation

1.   Paragraph 2 applies where Commission Regulation (EU) No 283/2013 setting out the data requirements for plant protection products applies in relation to an application by virtue of—

(a) Article 1 of that Regulation, or

(b) Article A1(2) of Commission Regulation (EU) No 544/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the data requirements for active substances.

2.   Where this paragraph applies, a reference in this Regulation to Commission Regulation (EU) No 544/2011, or a specified part of Commission Regulation (EU) No 544/2011, is to be read in relation to the application as a reference to Commission Regulation (EU) No 283/2013, or the equivalent part of Commission Regulation (EU) No 283/2013 (as the case may be).

3.   Paragraph 4 applies where Commission Regulation (EU) No 284/2013 setting out the data requirements for plant protection products applies in relation to an application by virtue of—

(a) Article 1 of that Regulation, or

(b) Article A1(2) of Commission Regulation (EU) No 545/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the data requirements for plant protection products.

4.   Where this paragraph applies, a reference in this Regulation to Commission Regulation (EU) No 545/2011, or a specified part of Commission Regulation (EU) No 545/2011, is to be read in relation to the application as a reference to Commission Regulation (EU) No 284/2013, or the equivalent part of Commission Regulation (EU) No 284/2013 (as the case may be).”.

(3) Omit Article 2.

(4) After Article 2, omit the words from “This Regulation shall” to “Member States”.

(5) In Annex 1—

(a) in point (1)(c), in the first sentence, for “Article 10(2.3) of Directive 1999/45/EC of the European Parliament and of the Council” substitute “Article 18(3) of Regulation (EC) No 1272/2008 of the European Parliament and of the Council”;

(b) for point (4) substitute—

“(4) A competent authority may make the placing of plant protection products on the market in its constituent territory subject to the additional labelling of the product in a language other than English.”.

(6) In Annex 2—

(a) in the words before point 1, in the first paragraph—

(i) in the first sentence, for “Directive 1999/45/EC” substitute “Regulation (EC) No 1272/2008”;

(ii) in the second sentence, for “Directive” substitute “Regulation”;

(b) for point 1.1 substitute—

“1.1. Special risks related to humans (RSh)

RSh 1

• Toxic by eye contact.

RSh 2

• May cause photosensitisation.

RSh 3

• Contact with vapour causes burns to skin and eyes and contact with liquid causes freezing.”;

(c) in point 2.1, for “risk phrases R34 or R35, as set out in Directive 1999/45/EC” substitute “hazard statement H314 in Regulation (EC) No 1272/2008 of the European Parliament and of the Council”.

(7) In Annex 3—

(a) in the words before point 1, in the first paragraph—

(i) in the first sentence, for “Directive 1999/45/EC” substitute “Regulation (EC) No 1272/2008”;

(ii) in the second sentence, for “Directive” substitute “Regulation”;

(b) for point 1 substitute—

“1.   General provisions

All plant-protection products shall be labelled with the following phrase, which shall be supplemented by the text in parentheses, as appropriate:

SP 1

• Do not contaminate water with the product or its container (Do not clean application equipment near surface water/Avoid contamination via drains from farmyards and roads).”;

(c) for points 2.1 to 2.4 substitute—

“2.1 Safety precautions for operators (SPo)

General provisions

1.   Competent authorities may identify suitable personal protective equipment for operators and prescribe specific elements of this equipment (e.g. coveralls, apron, gloves, sturdy shoes, rubber boots, face protection, face shield, tightly fitting glasses, hat, hood or respirator of a specified type). Such supplementary safety precautions are without prejudice to the standard phrases applicable according to Regulation (EC) No 1272/2008 of the European Parliament and of the Council.

2.   Competent authorities may further identify the specific tasks which require particular protective equipment, such as mixing, loading or handling the undiluted product, applying or spraying the diluted product, handling recently treated materials like plants or soil or entering recently treated areas.

3.   Competent authorities may add specifications of engineering controls, such as:

• a closed transfer system must be used when transferring the pesticide from the product container to the spray tank,

• the operator must work within a closed cabin (with an air conditioning/air filtration system) during spraying,

• engineering controls may replace personal protective equipment if they provide an equal or higher standard of protection.

Specific provisions

SPo 1

• After contact with skin, first remove product with a dry cloth and then wash the skin with plenty of water.

SPo 2

• Wash all protective clothing after use.

SPo 3

• After igniting the product, do not inhale smoke and leave the treated area immediately.

SPo 4

• The container must be opened outdoors and in dry conditions.

SPo 5

• Ventilate treated areas/greenhouses thoroughly/time to be specified/until spray has dried before re-entry.

2.2 Safety precautions related to the environment (SPe)

SPe 1

• To protect groundwater/soil organisms do not apply this or any other product containing (identify active substance or class of substances, as appropriate) more than (time period or frequency to be specified).

SPe 2

• To protect groundwater/aquatic organisms do not apply to (soil type or situation to be specified) soils.

SPe 3

• To protect aquatic organisms/non-target plants/non-target arthropods/insects respect an unsprayed buffer zone of (distance to be specified) to non-agricultural land/surface water bodies.

SPe 4

• To protect aquatic organisms/non-target plants do not apply on impermeable surfaces such as asphalt, concrete, cobblestones, railway tracks and other situations with a high risk of run-off.

SPe 5

• To protect birds/wild mammals the product must be entirely incorporated in the soil; ensure that the product is also fully incorporated at the end of rows.

SPe 6

• To protect birds/wild mammals remove spillages.

SPe 7

• Do not apply during the bird breeding period.

SPe 8

• Dangerous to bees./To protect bees and other pollinating insects do not apply to crop plants when in flower./Do not use where bees are actively foraging./Remove or cover beehives during application and for (state time) after treatment./ Do not apply when flowering weeds are present./ Remove weeds before flowering./Do not apply before (state time).

2.3. Safety precautions related to good agricultural practice (SPa)

SPa 1

• To avoid the build-up of resistance do not apply this or any other product containing (identify active substance or class of substances, as appropriate) more than (number of applications or time period to be specified).

2.4. Specific safety precautions for rodenticides (SPr)

SPr 1

• The baits must be securely deposited in a way so as to minimise the risk of consumption by other animals. Secure bait blocks so that they cannot be dragged away by rodents.

SPr 2

• Treatment area must be marked during the treatment period. The danger from being poisoned (primary or secondary) by the anticoagulant and the antidote against it should be mentioned.

SPr 3

• Dead rodents must be removed from the treatment area each day during treatment. Do not place in refuse bags or on rubbish tips.”;

(d) in point 3.1. for the words from “Annex to Regulation (EU) No” to “products]” substitute “Annex to Commission Regulation (EU) No 546/2011”;

(e) in point 3.3, for “Member States” in both places it occurs substitute “competent authorities”.