Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (Text with EEA relevance)

Article 1

Subject matter, scope and objectives

• — the annual amounts of pesticides placed on the market in accordance with Annex I,

• — the annual amounts of pesticides used in accordance with Annex II,

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

• (a) ‘pesticides’ means:
• (i) a plant protection product as defined in Article 2(1) of Regulation (EC) No 1107/2009;
• (ii) a biocidal product as defined in Article 2(1) of Directive 98/8/EC;

• (b) ‘substances’ means substances as defined in point 2 of Article 3 of Regulation (EC) No 1107/2009, including active substances, safeners and synergists;

• (c) ‘active substances’ means active substances as referred to in Article 2(2) of Regulation (EC) No 1107/2009;

• (d) ‘safeners’ means safeners as referred to in Article 2(3)(a) of Regulation (EC) No 1107/2009;

• (e) ‘synergists’ means synergists as referred to in Article 2(3)(b) of Regulation (EC) No 1107/2009;

• (f) ‘placing on the market’ means placing on the market as defined in point 9 of Article 3 of Regulation (EC) No 1107/2009;

• (g) ‘authorisation holder’ means authorisation holder as defined in point 24 of Article 3 of Regulation (EC) No 1107/2009;

• (h) ‘agricultural use’ means any type of application of a plant protection product associated directly or indirectly with the production of plant products in the context of the economic activity of an agricultural holding;

• (i) ‘professional user’ means professional user as defined in point 1 of Article 3 of Directive 2009/128/EC;

• (j) ‘agricultural holding’ means agricultural holding as defined in Regulation (EC) No 1166/2008 of the European Parliament and of the Council of 19 November 2008 on farm structure surveys and the survey on agricultural production methods ([^E0001]).

Article 3

Data collection, transmission and processing

• — surveys,

• — information concerning the placing on the market and use of pesticides taking into account, in particular, the obligations pursuant to Article 67 of Regulation (EC) No 1107/2009,

• — administrative sources, or,

• — a combination of these means, including statistical estimation procedures on the basis of expert judgements or models,

Article 4

Quality assessment

Article 5

Implementing measures

The Commission may, if necessary, modify requirements relating to the provision of the quality reports described in Section 6 of Annexes I and II. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3).

Article 6

Committee procedure

The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months.

Article 7

Report

The Commission shall submit a report on the implementation of the Regulation to the European Parliament and the Council every five years. This report shall evaluate in particular the quality of data transmitted, as referred to in Article 4, the data collection methods, the burden on businesses, agricultural holdings and national administrations and the usefulness of these statistics in the context of the Thematic Strategy on the Sustainable Use of Pesticides in particular with regard to the objectives set out in Article 1. It shall, if appropriate, contain proposals designed to further improve data quality and data collection methods thereby improving the coverage and comparability of data and reducing the burden on businesses, agricultural holdings and national administrations.

The first report shall be submitted by 31 December 2016.

Article 8

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

STATISTICS ON THE PLACING ON THE MARKET OF PESTICIDES

Section 1

Coverage

The statistics shall cover substances listed in Annex III contained in pesticides placed on the market in each Member State. Special attention shall be paid to avoiding double counting in the event of product reconditioning or transfer of authorisation between authorisation holders.

Section 2

Variables

The quantity of each substance listed in Annex III contained in pesticides placed on the market shall be compiled in each Member State.

Section 3

Reporting measure

Data shall be expressed in kilograms of substances.

Section 4

Reference period

The reference period shall be the calendar year.

Section 5

First reference period, periodicity and transmission of results

• 1. The first reference period is the second calendar year following 30 December 2009.

• 1. Member States shall supply data for every calendar year subsequent to the first reference period. They shall publish those data, in particular on the Internet, in accordance with the requirements regarding protection of statistical confidentiality as laid down in Regulation (EC) No 223/2009, with a view to providing information to the public.

• 1. Data shall be transmitted to the Commission (Eurostat) within 12 months of the end of the reference year.

Section 6

Quality report

Member States shall supply the Commission (Eurostat) with a quality report, referred to in Article 4, indicating:

• — the methodology used to collect data,

• — relevant aspects of quality according to the methodology used to collect data,

• — a description of estimations, aggregations and exclusion methods used,

This report shall be transmitted to the Commission (Eurostat) within 15 months of the end of the reference year.

ANNEX II

STATISTICS ON AGRICULTURAL USE OF PESTICIDES.

Section 1

Coverage

• 1. Statistics shall cover substances listed in Annex III contained in pesticides on each selected crop in each Member State.

• 1. Each Member State shall establish the selection of crops to be covered during the five-year period defined in Section 5. The selection shall be designed to be representative of the crops cultivated in the Member State and of the substances used. The selection of crops shall take into account the most relevant crops for the national action plans as referred to in Article 4 of Directive 2009/128/EC.

Section 2

Variables

For each selected crop the following variables shall be compiled:

• (a) the quantity of each substance listed in Annex III contained in pesticides used on this crop, and

• (b) the area treated with each substance.

Section 3

Reporting measures

• 1. Quantities of substances used shall be expressed in kilograms.

• 1. Areas treated shall be expressed in hectares.

Section 4

Reference period

• 1. The reference period shall, in principle, be a period of a maximum of 12 months covering all plant protection treatments associated directly or indirectly with the crop.

• 1. The reference period shall be reported as the year in which the harvest began.

Section 5

First reference period, periodicity and transmission of results

• 1. For each five-year period, Member States shall compile statistics on the use of pesticides for each selected crop within a reference period as defined in Section 4.

• 1. Member States may choose the reference period at any time of the five-year period. The choice can be made independently for each selected crop.

• 1. The first five-year period shall start at the first calendar year following 30 December 2009.

• 1. Member States shall supply data for every five-year period.

• 1. Data shall be transmitted to the Commission (Eurostat) within 12 months of the end of each five-year period and published, in particular on the Internet, in accordance with the requirements regarding the protection of statistical confidentiality as laid down in Regulation (EC) No 223/2009, with a view to providing information to the public.

Section 6

Quality report

When they transmit their results, Member States shall supply the Commission (Eurostat) with a quality report, referred to in Article 4, indicating:

• — the design of the sampling methodology,

• — the methodology used to collect data,

• — an estimation of the relative importance of the crops covered with regard to the overall amount of pesticides used,

• — relevant aspects of quality according to the methodology used to collect data,

• — a comparison between data on pesticides used during the five-year period and pesticides placed on the market during the five corresponding years,

• — a summary description of the commercial non-agricultural uses of pesticides obtained in the framework of pilot studies to be led by the Commission (Eurostat),

ANNEX III

HARMONISED CLASSIFICATION OF SUBSTANCES

Chemical Abstracts Service registry number.

Collaborative International Pesticides Analytical Council

Voluntary aggregate.

Voluntary aggregate. Note that Christmas trees planted on UAA are included (other permanent crops): https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Glossary:Utilised_agricultural_area_(UAA) (available in English, French and German).

Voluntary aggregate. Note that forestry does not include Christmas trees planted on UAA (other permanent crops): https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Glossary:Utilised_agricultural_area_(UAA) (available in English, French and German).

Voluntary aggregate.

Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

Corresponds to Group 1 of the harmonised risk indicators classification, defined in Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71).

Corresponds to Group 3 of the harmonised risk indicators classification, defined in Directive 2009/128/EC.

Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

[^E0001]: OJ L 321, 1.12.2008, p. 14.