Over ten years ago, in its 5th Environmental Action Programme (5th EAP), the European Union pledged to achieve a substantial reduction in the use of pesticides. Since then, other than implementation of Directive 91/414/EEC pesticide registration scheme and the Biocides Directive, the EU has taken no further legislative action concerning pesticides.
A series of studies in the mid-1990s and an EU-wide stakeholder consultation in 1998 were expected to quickly lead to a Commission Communication on Sustainable Use of Pesticides. By 2000, the expected Communication had not yet been released, and it was not known when the Commission would propose legislation to stem the increasing use of pesticides in Europe.
PAN Europe, deeply concerned about these delays and the urgent need for legislation, decided to see if it could assist the process of developing the binding EU-level legislation needed to achieve effective pesticide use reduction throughout the European Union. At the October 2000 PAN Europe Conference, 70 delegates representing public interest groups from all over Europe agreed to work together on a Pesticide Use Reduction in Europe (PURE) campaign. In the Spring of 2001, the PURE legislative working
group(2), began to meet frequently to prepare the text for a suggested PURE Directive. This resulting publication was launched on 29 May 2002 at a joint press conference organised by PAN Europe and the European Environmental Bureau. A draft Explanatory Memorandum is also under preparation and will be available shortly from PAN
UK.
Elements of suggested Directive
The objective of the PAN Europe suggested Directive is to lay down measures which aim to contribute to a high level of protection of human health and the environment as well as to promote sustainability, through reduction of dependency on and, wherever possible, elimination of the use of pesticides. It would apply only to professional handling and use of pesticides, and in particular ‘plant protection products’ as defined in Council Directive 91/414/EEC. It is based on the principles enshrined in the EC Treaty, that is, prevention of pollution by reduction at the source and the precautionary principle. In addition, it proposes the ‘No, unless…’ principle, i.e. that no pesticides shall be used in the growing of crops or in other pest control applications unless it is determined that no other method, practice or system of control is available to prevent unreasonable pest damage.
Mandatory reduction targets
Those Member States with pesticide use reduction programmes already in place (for example, Denmark, Sweden and the Netherlands) have found pesticide use reduction targets to be important tools for focusing policies and for selecting implementing measures. The targets have typically been linked to specific indicators used for measuring progress.
The suggested Directive does not suggest use of pesticide volume reduction targets, since this has been widely criticised as an insufficient use reduction indicator. This parameter can be influenced by decrease in farmed area, change in cropping patterns, yearly variation in pest problems, or changes in formulations. A simple reduction in volume does not necessarily equate to a reduction in risk because the lower dose chemicals are more biologically active and may pose an equal or even greater risk to environment and health.
Instead, the text suggests targets based on frequency of application. Frequency of application is a type of indicator for ‘environmental load’. It is an expression of the average number of times an agricultural area can be treated with the prescribed dose, based on the quantities sold. The advantage of this parameter as a measure of use reduction is that it excludes the effects of changing to pesticides that are effective at lower doses. Since a frequency of application parameter includes the effect of individual agents, it can express the intensity of spraying and the potential biological effect. Experience in Denmark has shown a good correlation between frequency of application and effects in the aquatic environment on population size of farmland birds. While the frequency of application may still be influenced by changes in cropping patterns, it is nevertheless considered to be the best indicator for pesticides load on the environment. In Denmark it has been estimated that the frequency of application can be reduced by nearly 40% in 5-10 years without economic losses to farmers and society.
For the purposes of this Directive, the baseline year has been set in the future, i.e. one year after the Directive comes into effect. The reasons for this are two-fold. First, the process of reviewing active ingredients set in place under Directive 91/414/EEC is expected to eliminate a large number of pesticides currently on the market. This process is still under way, and will probably be extended until 2008. Second, as the Bichel Report documents for Denmark, even those countries with pesticide use reduction programmes in place for many years can achieve further reductions.
Frequency of application is primarily a measurement of pesticide use. Because it may not necessarily reflect the relative toxicity of various pesticides, it is not suitable by itself for measuring the impact of pesticides on human health and the environment. The suggested text for a Directive recognises that frequency of application may need to be supplemented by additional indicators for monitoring risks to human health and the environment. It therefore directs Commission and Member States to continue to develop additional tools for determining if the measures in this Directive achieve the aim of a high level of protection.
National use reduction programmes
In recognition of the principle of subsidiarity, the suggested Directive requires Member States to determine which combination of measures to achieve a reduction in pesticide use are most appropriate for its national situation. The first step is for each Member State to carry out a national study to provide a baseline of information concerning how pesticides are used at present. The national study should estimate the consequences of various use reduction targets, and include evaluations of the economic benefits (including reduction in hidden costs) as well as the costs of further pesticide use reductions, with one scenario being a total phasing out of the use of pesticides. Finally, it should recommend the national pesticide use reduction targets for specific crops and non-agricultural pest control situations that will enable the Member State to meet the mandatory reduction goals and to achieve further use reductions over time. The Bichel Report prepared for Denmark’s pesticide use reduction programme could serve as a model for studies to be prepared by other Member States.
A balanced stakeholder consultation will be needed, in order to discuss the findings and recommendations of the scientific study, and to consider which measures should be taken nationally and locally, by the competent authorities, to enable the Member State to meet the mandatory reduction goals.
Mandatory ICM/IPM requirements
Integrated pest management (IPM) is the internationally recognised standard covering all pest control situations. Similarly, integrated crop management (ICM) is widely recognised throughout Europe as the standard that should be followed by all agricultural producers. This text therefore suggests that IPM should become the mandatory standard for all pest control situations, with ICM as the minimum mandatory standard for all cultivated land in non-organic agriculture in the EU.
In recognition of the varying conditions in the Member States and in accordance with the subsidiarity principle, the Directive obliges each Member State to define the ICM standards that are to apply nationally for each major crop or crop rotation. It is also suggested that Member States report their IPM and ICM standards to the Commission, so that it can review the coherence of the standards in place across the Community.
In order to ensure the implementation and enforcement of IPM and ICM standards throughout the Community, the article requires Member States to set in place systems for supervising the application of the mandatory standards, including sanctions for violations. Member States are free to choose how such systems are to be organised.
Promotion of organic farming
Promoting organic farming is a key method for reducing dependency on pesticides. The suggested Directive sets positive targets for the amount of cultivated land within the national territories to be farmed using organic farming methods.
Though Community and national programmes are already in place in most Member States to promote organic farming, these programmes are still under-funded. The text requires further financial support to be provided by Member States to support farmers in the process of conversion from conventional agriculture to organic farming. It also requires further financial support from both Member States and the Commission for additional research programmes to support development of organic farming techniques and better access to information about organic farming techniques, particularly through extension programmes.
Measures to eliminate unsafe pesticide practices
The suggested Directive aims to eliminate those pesticide use practices that are considered unsafe. It prohibits the aerial application of pesticides. It requires Member States to set in place systems for periodic inspection of pesticide dealers and pesticide operators covering a number of elements listed in an Annex to the Directive. It also requires annual inspection of pesticide application equipment to ensure technical soundness, including re-calibration of spraying equipment, as needed.
The problem of used pesticide packaging and obsolete pesticides is addressed by placing responsibility on pesticide producers to establish systems, approved by the competent authority, for safe collection and environmentally sound disposal of the used packaging and obsolete pesticides. The Commission shall promote the preparation of European technical standards and carry out research to develop less hazardous techniques for pesticide handling and application.
Minimum requirements will include the training of all pesticide dealers, crop protection advisors, extension officers and pesticide operators, as a condition for carrying out professional activities with respect to pesticide use. Pesticide dealers would be required to receive accreditation verifying that they had received training on issues including pesticide safety and toxicity, environmental and health impacts from pesticides, and poisoning symptoms. Accredited crop protection advisors and extension officers would be required to have training in addition in alternative pest control methods, including principles of ICM and IPM.
Reporting on pesticides
The Commission, in cooperation with Eurostat, will be required to establish a reporting system based on a central pesticide label database with unique EU registration numbers and EU barcodes for each individual pesticide product. The effort to develop the reporting system would be advised by a pesticide stakeholder working group with a balanced representation.
Once the system is developed, each pesticide producer will be required to place the unique EU registration number and EU barcode onto the label of each pesticide product. The EU registration numbers and EU barcodes are to form the core of a comprehensive system for annual reporting of information on the production, import, export, sales and distribution and use of pesticides. Member States will be required to report the information they collect to the Commission on an annual basis, and the Commission in turn will issue an annual report containing information on the amounts and kinds of pesticide active ingredients used per crop, per non-agricultural use, and by geographical area.
Record keeping
Pesticide dealers would be required to keep records showing the receipt, sale, delivery or other disposition of all pesticides and application equipment for a minimum of two years.
All pesticide operators would be required to keep journals recording all applications of pesticides, when and where the applications were made, and any observations on the environmental impacts of those applications. The competent authority would be able to inspect the pesticide application journals on demand.
Monitoring and collection of data
It is important that sufficient data is gathered to determine the impact of pesticides on health and environment through the observation of pesticide poisoning and pollution incidence and their consequences on exposed species and the environment. The suggested Directive requires Member States to regularly monitor and collect information on species exposed to pesticides and on pesticides in the environment, including residues on foodstuffs, and to carry out systematic analyses to determine the presence and impact of pesticides. This information is to be gathered by the Commission into an annual report.
To ensure comparability of information, the Commission is to develop a strategic guidance document on monitoring and surveying impacts on human health and the environment from pesticide use. In addition, Member States are to carry out long-term research programmes on impacts to human health and the environment from pesticide use, including studies on high-risk groups, biological diversity and combination effects.
Access to information and public participation
The suggested Directive is aimed at ensuring that requests from the public for certain information on pesticides held by public authorities are not refused, and that public interest bodies have access as observers to all meetings of regulatory committees and advisory bodies taking decisions related to pesticides and their use, and to all documents issued by such bodies. All requests for restriction of information regarding pesticides on the basis of commercial confidentiality will need to be backed up by evidence that revealing that information would be prejudicial to the financial or competitive interests of the person holding the proprietary information.
A call for comments
PAN Europe fully recognises that the European Commission alone has the power to initiate new legislation. It eagerly awaits the Commission Communication on Sustainable Use of Pesticides, expected sometime in June 2002, and looks forward to the ‘Thematic Strategy’ on Sustainable Use of Pesticides, promised in the forthcoming Sixth EAP at the latest by 2007.
PAN Europe has put forward this suggested text for a Directive as a discussion tool, with the aim of speeding the process of developing an effective and legally binding Community regime for achieving a high level of protection of the environment.
In the meantime, PAN Europe welcomes comments on this suggested text for a Directive from all stakeholders, including farmers, consumers, the pesticide industry, the water producers, the Member States, and the European Institutions. Please send all comments to PAN
UK via email (see details below).
Notes:
1. Suggested text for a Directive on pesticides use reduction in Europe (PURE), PAN Europe, May 2002, contact: davidbuffin@pan-uk.org.
2. The PURE legislative working group, co-chaired by Catherine Wattiez (Inter-Environnement Wallonie, Belgium) and Gretta Goldenman (legal consultant, Milieu Ltd, Belgium), has met frequently during 2001-2002 to prepare the text for a proposed PURE Directive. Other contributors included: Liesbeth Vogelezang (University of Amsterdam, the Netherlands), Hans Nielsen (Ecological Council, Denmark), Hans Muilerman (Stichting Natuur en Milieu, the Netherlands), Lars Neumeister and Heike Schmitt (PAN Germany), David Buffin (PAN UK), Esmeralda Borgo (Bond Beter Leefmilieu, Belgium), François Veillerette (Mouvement pour les Droits des Générations futures, France), Sandra Blessin (PAN Europe), and Florence Bonollo (PAN Europe).
[This article first appeared in Pesticides News No. 56, June 2002, pages 10-11]