Aerial crop spraying will in general be banned. Copyright: Alain Beguey, INRA, Tours, France.

The package - subject of much claim, counter-claim and discussion - comprises two distinct parts. That dealing with the production and licensing of pesticides will see some ‘active substances’ (the chemical ingredients of pesticides) banned. In particular, says the European Parliament, the legislation seeks to outlaw highly toxic chemicals, such as those that cause cancer.

The second part, the directive on the sustainable use of pesticides, emphasises the importance of integrated pest management (IPM), which will have to be encouraged by Member States as an alternative to the use of pesticides. In addition some practices, such as aerial spraying and the use of pesticides in public areas, will either be banned or substantially reduced.

Banning toxic chemicals

The key points of the regulation dealing with the production and licensing of pesticides are:

• A positive list of approved ‘active substances’ (the chemical ingredients of pesticides) is to be drawn up at EU level. Pesticides will then be licensed at national level on the basis of this list.
• Certain highly toxic chemicals will be banned unless exposure to them would, in practice, be negligible, says the European Parliament. These include those which are carcinogenic, mutagenic or toxic to reproduction, those which are endocrine-disrupting, and those which are persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB).
• For developmental neurotoxic (damaging to the nervous system) and immunotoxic (damaging to the immune system) substances, higher safety standards may be imposed.
• If a substance is needed to combat a serious danger to plant health, it may be approved for up to five years even if it does not meet the above safety criteria.
• Products containing certain hazardous substances are to be replaced if safer alternatives are shown to exist. Members of the European Parliament (MEPs) successfully demanded a shorter deadline for their replacement, of three years rather than five.
• Substances likely to be harmful to honeybees will be outlawed.

Measures must be taken to protect the aquatic environment. Copyright: Gérard Paillard, INRA, Paris, France.

The European Parliament says both manufacturers and pesticide users will benefit because Member States will be able to license pesticide products at national level or through mutual recognition. The EU will be divided into three zones (north, centre and south*) with compulsory mutual recognition within each zone as the basic rule. This, it says, will make it easier for manufacturers to gain approval for their products across borders within a given zone and thus make more pesticides available to users more quickly. However, following pressure from MEPs, individual States will be allowed to ban a product, for example because of specific environmental or agricultural circumstances.

Parliament adds that the new legislation will only gradually supersede existing EU law. Pesticides which can be placed on the market under current legislation will remain available until their existing authorisation expires. Thus, it says, there will be no sudden large-scale withdrawal of products from the market, pointing to a Swedish Chemicals Agency study that estimates only around 22 dangerous substances are likely to be removed from the market.

Hiltrud Breyer (Greens), the MEP who steered the legislation through Parliament, said: “This agreement is a win-win situation, not only for the environment, public health and consumer protection, but also for the European economy, since it will lead to more innovation, placing the EU at the forefront of this sector.”

However, many individuals and organisations have expressed great concern over the lack of any scientific assessment of whether these legislative changes will benefit human health, and of their impact on the sustainability and competitiveness of EU agriculture (see links below).

Reducing pesticide use and managing it better

The key points of the directive on the sustainable use of pesticides (to be implemented by Member States by early 2011) are:

• The principle of integrated pest management (IPM) is laid down, i.e. the promotion of non-chemical pest control methods such as crop rotation, to be used wherever possible as alternatives to pesticides.
• Member States must adopt National Action Plans for reducing ‘risks and impacts’ of pesticide use’ on human health and the environment, including timetables and targets for use reduction. MEPs dropped their demand for a reduction target of 50% to help secure a compromise with the Council.
• Aerial crop spraying will in general be banned, albeit with exceptions subject to approval by the authorities. No spraying will be allowed in close proximity to residential areas.
• Member States must take appropriate measures to protect the aquatic environment and drinking water supplies from the impact of pesticides. These are to include buffer zones around bodies of water and safeguard zones for any surface and groundwater used for drinking water. There must also be protected areas along roads and railways.
• The use of pesticides must be minimised or prohibited in specific areas used by the general public or by vulnerable groups, such as parks, schools, sports grounds and close to hospitals.
• New rules are being introduced on the training of pesticide users and salespeople, on handling and storage, on information and awareness-raising and on the inspection of pesticide application equipment.

* The zones are:

North: Denmark, Estonia, Latvia, Lithuania, Finland and Sweden.

Centre: Belgium, Czech Republic, Germany, Ireland, Luxembourg, Hungary, Netherlands, Austria, Poland, Romania, Slovenia, Slovakia and United Kingdom.

South: Bulgaria, Greece, Spain, France, Italy, Cyprus, Malta and Portugal.

For more information and reaction, follow the links below:

News from the European Parliament: click here.

To read the texts adopted at the Parliamentary session: click here.

News from EurActiv.com: click here.

Reaction from the European Crop Protection Association: click here.

Coverage on pesticideinformation.eu: click here.

Reaction from the UK (BBC News): click here.

Reaction in Europe (BBC News): click here.

To download ENDURE's stance on the pesticide legislation, click below: