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FRANCE: Update of the list of spray drift reduction equipment

The French list of spray drift reduction equipment was updated by DGAL/SDQSPV/2020-475 note of 23 July 2020. This note repeals the previous one DGAL/SDQSPV/2020-132 of 19 February 2020.

These equipments allow the reduction of the width of unsprayed buffer zones from water bodies, as well as the safety distances nearby residential areas in accordance with the Order of 04 May 2017 modified by the Order of 27 December 2019. New equipments were added for vineyards, orchards and low crops.

 

To download: 

Note de service DGAL/SDQSPV/2020-475 (in French)

 

Text of reference:

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).

 

See also our previous articles: 

FRANCE – Implementation of the New System for Protecting Residents from PPP Spray Drift

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Note on safety distances for the protection of residents from PPP spray drift

ANSES published a note on the provisions in force concerning measures to protect people when using plant protection products, specifying in particular the relationship between marketing authorisations and horizontal regulatory provisions.

 

The procedures according to the categories of persons to be protected have been laid down as follows:

  • Residents or persons present at the time of treatment: minimum safety distance to be respected, specified in the decision of marketing authorisation since May 2019: distance of 3 m, 5 m or 10 m + anti-drift nozzle if necessary.

 

  • Areas frequented by pupils and children : products are forbidden, except for low-risk products or those whose classification contains only certains hazard statements (H400, H410, H411, H412, H413 or EUH059).

 

  • Proximity to areas frequented by pupils, children and places with vulnerable people (elderly, sick, etc.):

– Adapted protection measures: hedges, personal protective equipment for treatment, restricted dates and times for application, minimum distances.

– By default, minimum distances from places with vulnerable people (depending on the crop): proposal of 50 m for orchards, 20 m for vineyards and 5 m for field crops.

– For 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 to have endocrine disrupting effects (if no other distance fixed by the marketing authorisation): > 20 m (incompressible distance).

Biocontrol products or with a low-risk active substance: no distance to be set.

Other products:

– If no charter: > 10 m (high crops: orchards, vineyards, trees and shrubs, forest, small fruits and ornamental crops higher than 50 cm, bananas and hops) or 5 m (low crops: other agricultural and non-agricultural uses).

Approved departmental charter: Possible distance reduction: 3 or 5 m (high crops) and 3 m (low crops).

 

  • Proximity of areas adjacent to residential areas (buildings and amenity areas next to these buildings) :

– Protection measures formalised in the charters.

– For 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 to have endocrine disrupting effects (if no other distance fixed by the marketing authorisation): > 20 m (incompressible distance).

Biocontrol products or with a low-risk active substance: no distance to be set.

Other products:

– If no charter: > 10 m (high crops) or 5 m (low crops).

Approved departmental charter: Possible distance reduction: 3 or 5 m (high crops) and 3 m (low crops).

 

To download: 

Safety distances for the protection of residents – Articulation between marketing authorisations and other horizontal regulatory provisions (In French)

 

See also our previous articles: 

FRANCE – Implementation of the New System for Protecting Residents from PPP Spray Drift

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: Safety distances near habitations, better understanding

The Ministry of Agriculture has published a comprehensive memo (in French) on the implementation of safety distances for residents.

In particular a list of the products concerned by the incompressible safety distance of 20 meters is made available.

A series of questions and answers aimed at clarifying the implementation of this new system is also given.

 

To download: 

List of products concerned by the incompressible safety distance of 20 mètres (in French)

”Question-answer” on the implementation of the Decree No. 2019-1500 of 27 December 2019 and of the Order of 27 December 2019 (in French)

 

See also our previous articles: 

FRANCE – Implementation of the New System for Protecting Residents from PPP Spray Drift

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

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE – Implementation of the New System for Protecting Residents from PPP Spray Drift

With the entry into force on 01 January 2020 of the Order and Decree of 27 December 2019 that aim at strengthening the protection of residents living nearby crop areas treated with plant protection products (PPP), the French Ministry of Agriculture and Food has published a Technical Instruction providing additional details to the Prefects and to the (Regional) Departments for Food, Agriculture and Forestry (DRAAF and DAAF) for the implementation of the new system.

As a reminder, from 01 January 2020, new minimum safety distances apply between PPP spreading zones (in agricultural and non-agricultural areas) and residential areas or places with vulnerable people. Safety distances can be reduced near homes via Charters of Commitments at the departmental level proposed by PPP users. These Charters will be subject to public consultation and will become applicable after their approval by the Prefects.

The Instruction specifies that to date only drift reduction technologies approved by the French Ministry of Agriculture for their effectiveness can allow a reduction in safety distances. In the future, alternative methods (e.g. hedges, nets) could be taken into account providing that studies demonstrate their effectiveness and that the methods are acknowledged by Anses.

The Instruction reminds that in the absence of an approved Charter, or when the commitments of the approved Charter cannot be implemented, PPP applications must comply with safety distances, without any reduction possible. However, users involved in a draft Charter proposal subject to public consultation are allowed to anticipate the reductions in safety distances – provided drift reduction technologies as defined in Annex 4 to the Order of 27 December 2019 are applied – pending approval of the Charter and until 30 June 2020.

Finally, the Prefects will have to ensure that before 30 June 2020, the existing measures for the protection of vulnerable people (set in application of Article L.253-7-1 of the French Rural Code) are consistent with the new Order of 27 December 2019: i.e. the safety distances must at least be equal to that defined in the Order.

 

To download: 

Technical Instruction DGAL/SDQSPV/2020-87 of 03 february 2020 as regards enforcement of the new system for protecting residents protection des riverains that might be exposed to plant protection products (No. NOR AGRG2003727C) (in French).

 

See also our previous articles: 

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

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

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

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

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

The government has launched a public consultation on Monday 09 September, for a period of 3 weeks, a new framework for the use of plant protection products near habitations.

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. Two texts are proposed:

 

– a draft decree framing the drafting of the concerted commitment charters introduced by the Agriculture and Food Act (EGalim law – Article 83) and their validation by the department prefect

These charters must make it possible to set up a local dialogue between users and local residents and will define in a concerted and adapted manner a certain number of measures, such as pre-treatment information modalities.

 

– a draft order defining new regulatory measures in response to the decision of the Council of State of 26 June 2019 concerning the partial cancellation of the Order of 4 May 2017.

This draft order defines in particular the minimum distances to be respected between the spreading zones and the residential areas. These minimum distances are based on the recommendations made by ANSES in its opinion of 14 June  2019:

– 10 m minimum for the application of plant protection products classified H300, H304, H310, H330, H331, H334, H340, H350, H350i, H360, H360F, H360D, H360FD, H360Fd H360Df, H370, H372 or containing an active substance considered as an endocrine disruptor;

– for other plant protection products, 10 m minimum for high crops and 5 m minimum for low crops.

These minimum distances can be adapted within the framework of charters validated at the departmental level, after exchanges between the farmers, the local residents and the elected officials.

These minimum distances may be reduced to 3 m for low crops and grapevine and to 5 m for other crops, provided that the most environmentally efficient spraying equipment is used.

 

The entry into force of these texts, which are also subject to consultation with the European Commission, is scheduled for 1 January 2020.

 

The file for consultation is available on the Public Consultations page of the website of the Ministry of Ecological and Solidarity Transition.

 

To download: 

Draft decree and order on measures to protect people when using plant protection products nearby  habitations (in French)

ANSES opinion on a request for scientific support on measures to protect residents when using plant protection products, Saisine no. 2019-SA-0020, 14.06.2019 (in French)

 

Our previous articles:

FRANCE – ANSES: Opinion on protection measures for residents

FRANCE: Partial cancellation of the Order on the use of PPPs and adjuvants

FRANCE: New Agriculture and Food law published

 

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/

 

FRANCE: New Agriculture and Food law published

Further to its final adoption by The French National Assembly on 02 October, the law for achieving a balance in trade relations in the agricultural sector and for healthy, sustainable and affordable food was published on the Officiel Journal of 1st November 2018.

This agriculture and food law, also called EGalim law, results from the “États généraux de l’alimentation” (French National Food conference) held from 20 July to 21 December 2017. Three  objectives are pursued:

– pay fairer prices to producers,

– strengthen the safety, environmental and nutritional quality of food products,

– promote healthy, safe and sustainable food for all.

The agriculture and food law hardens the sale conditions and the use of pesticides in France:

  • Separation of sales and consultancy activities.
  • Ban on discounts, rebates and price reductions on pesticides for a better control of their use (except for biocontrol products as defined by article L. 253-6  of French Rural Code, basic substances as defined by article 23 of Regulation (EC) No.1107/2009 and low risk products as defined by the same regulation).
  • Extension of the neonicotinoids ban to all products containing active substances with the same mode of action in order to fight against biodiversity loss and to protect bees (article 83 of the law, modifying article L. 253-8 of the French Rural Code). The modalities of implementation will be set by a decree.

Despite the French government commitment to ban glyphosate within three years, no reference is made in the present law as regards the implementation of the ban.

Production, storage and transport of products containing active substances that are non EU-approved due to human, animal and/or environmental safety reasons, will be banned by 1st January 2022.

By 1st January 2020, risk mitigation measures will have to be implemented in order to strengthen the protection of residents, except for biocontrol products mentioned by the second paragraph of article L. 253-6 and for products containing exclusively basic or low risk substances as defined by Regulation (EC) No.1107/2009. The measures  will be formalised at local level by operators in agreement with residents. Implementation modalities will be set by a decree (article 83 of the law).

According to the law, the government shall present to the French Parliament within 6 months, a report as regards the setting up and the financing, before 1st January 2020, of a compensation fund for victims of pesticide-induced diseases (article 81).

In order to reduce the risk and the effects of the use of pesticides on human health and on the environment, article 80 of the law amends article L. 253-6 of the French Rural Code by specifying that a national action plan will set measures to mobilise research for developing alternative solutions to pesticides. This national plan is supplemented by a national strategic deployment plan for biocontrol products. Shorter evaluation  timelines is planned for biocontrol and biostimulant products.  In addition, the corresponding administrative procedures will be eased for applicants.

Article 77 amends article L. 253-1 of the French Rural Code by specifying that natural biostimulant substances are authorised via simplified procedure and evaluation whose implementation modalities will be set by regulation. The procedure and the evaluation will be adapted in the case of applications dealing with edible part of treated crops.

Lastly, the law authorises, for a 3-year period, experimental use of aircrafts for aerial application of products authorised in organic farming, or within in certified farms when the slope is equal or higher than 30%.

To download:

LOI n° 2018-938 du 30 octobre 2018 pour l’équilibre des relations commerciales dans le secteur agricole et alimentaire et une alimentation saine, durable et accessible à tous (EGalim law – in French)

Lynxee consulting’s team is at your disposal to answer your questions.

Contact us! http://lynxee.consulting/en/contact/