The provisions of this draft apply to all those with a responsibility over plant protection products by virtue of their involvement in their storage, importing or exporting, trading or processing with third parties or remote sale, or in testing on plant protection products.
Draft Royal Decree laying down conditions for the storage, placing on the market, official control and licensing of tests with plant protection products and amending Royal Decree 1311/2012 of 14 September 2012 laying down the implementation framework for achieving a sustainable use of plant protection products.
The purpose of this draft Royal Decree is to lay down basic conditions for the placing on the market and use of plant protection products, particularly in relation to their storage, importing or exporting, trading or processing with third parties and remote sale, the official control programme regarding their placing on the market by publicadministrations, and the authorisation of tests involving plant protection products.
The text comprises twenty five articles, three additional provisions, one transitional provision, one repealing provision, three final provisions and six annexes. The articles are broken down into six chapters:
- Chapter 1, ‘General provisions’, containing three articles, lays down the purpose and content, scope of application and definitions of certain terms (plant protection products for non-professional use, placing on the market, remote sale and tests and studies).
- Chapter II, ‘Storage’, containing six articles, lays down conditions for the storage of plant protection products both for professional use (general conditions and those applicable to their distribution and sale for processing companies and farms) and for non-professional use. It also lays down requirements for manufacturing facilities and for the application of plant protection products.
- Chapter III, ‘Foreign trade’, containing four articles, lays down obligations for importers and exporters of plant protection products and active substances and the measures and means of border control.
- Chapter IV, ‘Placing on the market and control’, containing three articles, lays down conditions for remote sale, creates and regulates the Electronic Register of Plant Protection Product Transactions and Operations and lays down specific provisions for the application in Spain of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
- Chapter V, containing eight articles, regulates ‘Testing’, including requirements for conducting tests, the official register of companies authorised to carry out officially recognised tests and the renewal and termination of test licences.
- Chapter VI, ‘Penalty system’ contains a single article categorising the violations and penalties contained in different legal texts.