Plant protection products and biocidal agents
Order on control agents
In connection with Notification 2020/176/DK, Denmark received comments put forward by the European Commission on 30 June 2020 regarding Article 5(2) in Directive (EU) 2015/1535. Against the background of these comments, the Order on control agents has been amended. This relates to § 19(1) and (5) and to § 27, § 56 and § 57.
In its comments, the Commission asked the Danish authorities to revise §§ 56 and 57 on data from animal testing to avoid deviation from harmonised regulations, including Articles 62 and 63 in the Biocides Regulation. The provisions have thus been amended so that references are now made to the national approval procedure.
In its comments, the Commission asked the Danish authorities to also include suppliers and distributors in § 19(1). These two types of business have now been added to the provision.
In its comments, the Commission asked the Danish authorities to explain why fumigants are not covered by § 19(5) of the Order. It is not the intention that fumigants should be excluded from the provision. § 19(5) of the Order has thus been amended so it now states that gassing methods approved under both the Biocides Order and the Plant Protection Products Order are covered by the provision.
With respect to the comments of the Commission relating to § 27 and rodenticides, the Danish authorities note that approval of rodenticides under the Biocides Order lays down terms and conditions for the use of the products. Under the Biocides Order, all products are approved for the user groups “trained professional, professional or non-professional”. It is not specified in the harmonised approval conditions what is understood by the individual user groups, since this may vary between the different Member States. § 27 sets out how trained professional and professional (R1- and R2-authorised exterminators) are defined in Denmark and covers an area (sale and supply of products) that is not covered by the harmonised conditions in approvals today.
However, § 27 of the Order has been amended so it is clearly stated that the authorised persons are authorised in terms of the Order.
In the draft Order, a ban is introduced on the sale of concentrated agents to private individuals. The amendment is a consequence of altered assessment principles for non-professional agents, as a result of the Supplementary agreement to the Agreement on Pesticide Strategy 2017-2021. Going forward, non-professionals may only use pesticides that are sold as ready-to-use or as low-risk agents, e.g. pelargonic acid, and therefore they may not buy concentrated agents. The amendment replaces a requirement that concentrated sprays shall be stored
The storage provisions that currently govern toxic and highly toxic control agents as well as control agents with precautionary statement P405 are extended to also cover control agents with serious long-term effects, which are control agents with CMR substances. This type of biological control agent is the same as types that have precautionary statement P405, but the designation ‘control agents with serious long-term effects’ is more comprehensive and is therefore included. Violation of storage provisions is a criminal offence and it therefore makes good sense to extend criminalisation to also cover control agents with serious long-term effects.
The rules stating that poisonous and very poisonous agents may not be used in private gardens and other outdoor areas which are open to the public or to treat plantings adjacent to public roads or private gardens are extended to apply also to agents with serious long-term effects. The amendment restores the provision from the 2011 rules, as the subsequent definition amendments have created uncertainty about the rules.
The fees for applications received by 15 January 2020 have been updated. They are not deemed to have any impact on either the public sector or trade and industry as they involve price and wage adjustments based on calculations made by the Agency for Public Finance and Management.