Plant protection products and biocidal agents

Order on control agents

A ban is introduced on the sale of concentrated agents to the general public. 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 locked up.

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 which stipulate that toxic and highly toxic control agents may not be used in private gardens or other outdoor areas that are publicly accessible or for treatment of plantings adjacent to public roads or private gardens are extended to also cover control 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.

There are insertions of a new § 45 on the publication of harmonised risk indicators and a new reference to the establishment of harmonised risk indicators in the EU note at the end of the Order.

In § 65(1)(11), a penal provision is inserted for violation of § 26 of the Order on control agents, i.e. for exterminating rats.

Rat extermination is criminalised, though it was already punishable by law, but under a different section. The revision is made solely to ensure that the Chemical Inspection Service can now cite the correct legal basis in their enforcement activities.

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.