FRANCE – Enforcement of the new system for protecting residents when using plant protection products

The order and the decree regarding the new framework for the use of plant protection products near habitations were published in the French official journal of 29 December 2019.

This system is aimed in particular at strengthening the protection of health of the populations living nearby crop areas treated with plant protection products, as well as that of farmers.

The Order of 27 December 2019 reviews several articles of the Order of 4 May 2017. The existing measures regarding the protection of health and environment are extended to applications other than spraying and powdering and ban applications during heavy rains. The provisions regarding personal protective equipment are updated and minimum distances are set between the spreading zones and both residential areas and places with vulnerable people.

 

The minimum distances to be respected are as follows:

20 m minimum (without reduction possibility) for the treatment of plant aerial part  with plant protection products classified H300, H310, H330, H331, H334, H340, H350, H350i, H360, H360F, H360D, H360FD, H360Fd H360Df, H370, H372 or containing an active substance considered as having endocrine disruptor effects.

For other plant protection products, except biocontrol products as defined by article L. 253-6 of the French Rural Code and products containing only basic or low risk substances:

10 m minimum for orchards, grapes, trees and shrubs, forest, small fruits and ornamentals crops higher than 50 cm, banana and hops,

5 m minimum for other agricultural and non-agricultural uses.

These minimum safety distances do not apply to treatments necessary for the destruction and the prevention of the spread of regulated pests.

Within the framework of charters validated at the department level, these minimum distances can be reduced in accordance with the provisions set by the order further to Anses opinion, in the case of spreading zones closed to residential areas as defined by Article L 253-8 (III) of the French Rural Code, i.e. from 10 m to 5 m for orchards, from 10 m to 5 m or 3 m for grapes and from 5 m to 3 m for other agricultural and non-agricultural uses.

The list of environmentally efficient spraying equipments to be used for reducing minimal distances will be published by the Ministry of agriculture.

 

As for the Decree of 27 December 2019, it sets the procedures of elaboration, consultation and validation as well as the content of the concerted commitment charters.

 

As planned, these texts will entry into force on 1 January 2020.

For fields sown before 1st January 2020, the minimum distances of 5 m and 10 m are applicable from 1 July 2020 but the 20-m buffer zones apply from 1st January 2020.

The same minimum distances are applicable to linear infrastructures if their compliance does not result in the technical impossibility to guarantee operational safety and by 1 July 2021 at the latest.

 

To download:

Arrêté du 27 décembre 2019 relatif aux mesures de protection des personnes lors de l’utilisation de produits phytopharmaceutiques et modifiant l’arrêté du 4 mai 2017 relatif à la mise sur le marché et à l’utilisation des produits phytopharmaceutiques et de leurs adjuvants visés à l’article L. 253-1 du code rural et de la pêche maritime (in French)

Décret n° 2019-1500 du 27 décembre 2019 relatif aux mesures de protection des personnes lors de l’utilisation de produits phytopharmaceutiques à proximité des zones d’habitation (in French)

 

Anses opinion on the a request for scientific and technical support on the efficacy equivalence  of combined drift reduction measures for protecting residents when using plant protection products. Saisine 2019-SA-0173, 17.12.2019   (in French)

 

Our previous articles:

FRANCE – Public consultation: new system for protecting residents when using plant protection products

 

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