Plant protection products and biocidal agents
Order on control agents
A requirement is introduced into § 41 of the Order on Pesticides for registration as a condition for producing, supplying, importing, exporting, trading, storing or distributing plant protection products for commercial use. This requirement will mean that companies covered by the registration scheme will have to register digitally via self-service in the IT system Danish Environmental Protection Agency’s Authorisation System for the Use of Pesticides (MAB), which is accessed via mst.dk or virk.dk using electronic ID. Registration shall occur for the
first time before 1 January 2022. It will be possible for companies to apply for an exemption from using the described digital self-service solution. Failure to register is punishable by a fine.
§ 49 of the Order stipulates the fee that companies shall pay in connection with the annual registration in MAB.
The fee is to cover the Danish Environmental Protection Agency’s costs associated with the registration scheme. The fee rate is DKK 85 and is adjusted annually on 1 January on the basis of the most recently published price and wage index in the Ministry of Finance’s Economic-Administrative Guide. The current fee rates are published on the Danish Environmental Protection Agency website.
After the first registration, the subsequent annual registrations will be re-registrations, where the company confirms or corrects information already entered and pays the annual fee for the registration. The scheme will apply to all dealer companies, including the companies’ departments under the company’s CVR number, i.e. if a company has several departments, the registration must be made by P-number.
It already follows from the executive order that the seller of: highly toxic pesticides must keep a record of each purchase and sale of these agents with a range of information. As something new, it is inserted into § 31(2) of the Order that a book of authorisation numbers must also be kept.
Rules are inserted into § 28(2) of the Order that the Danish Environmental Protection Agency may issue decisions and other documents without a signature, but by machine. This concerns e.g. permits to sell toxic and very toxic pesticides and a registration certificate for registration according to the rules described above, as well as receipts, etc. These are documents that will originate from the IT system MAB.
It is further stipulated in § 29(2) and § 32(2) that it is not necessary to obtain a permit or pass a poison course if one purchases toxic pesticides that may be used in accordance with the approval for which the Danish Environmental Protection Agency has laid down conditions of use. The provision already exists for very toxic pesticides.
§ 42 of the Order contains a provision stipulating that permission to market plant protection products on the basis of Article 53 of the Plant Protection Products Regulation presupposes that safe use has been demonstrated in relation to humans, the environment and groundwater, and § 3(2) of the Order stipulates that the Danish Environmental Protection Agency, on the basis of Article 36(3) of the Plant Protection Products Regulation, sets out assessment frameworks for the environmental and health requirements for approval of
pesticides in Denmark.
When these provisions are added to the Order, it is only a codification of existing practice.
§ 43 of the Order on experimental testing is clarified in such a way that it is evident that the provision applies to use in connection with research and development, and that the application must comply with the requirements set out in Article 56 of the Biocides Regulation.
The Order also contains a number of linguistic clarifications, with which no material changes are intended.