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FRANCE: Ban of home and garden plant protection products

From 1st January 2019, sales, dispensing, use and possession of plant protection products by non professional users will be banned in France except for biocontrol products officially listed by the Ministry of Agriculture in accordance with articles L.253-5 and L.253-7 of the Rural Code, for low risk products as defined by Regulation (EC) No.1107/2009 and for organic farming (UAB) products authorised for non professional users (“mention emploi autorisé dans les jardins (EAJ)”). This provision was set by the Law on the use of PPPs (Labbé’s law of February 2014) for entry into force on 1st January 2022. The entry into force was then brought forward to 1st January 2019 by the Energetic transition law from the Ministry of Ecology (August 2015). The aim is to reduce the risks associated to the use of pesticides by amateurs.

The implementation modalities of this ban are set by a Notice of the Ministry of Agriculture published in the French Official Journal of 22 December 2018.

Two lists of products have been published by the Ministry of Agriculture: one for the products still authorised for amateur uses from 1st January 2019 and one for the products with an authorisation in force in December 2018 but that are no longer authorised from 1st January 2019.

The stocks of products banned from 1st January 2019 held by non professional distributors can be sold to professional users by distributors certified for the distribution of plant protection products to professional users.

The unused products and packaging held by non professional users must be disposed of in a waste collection site or a temporary collection point for household chemical waste set up by the eco-organism Eco-DDS.

 

To download:

Avis aux opérateurs économiques concernés par l’interdiction à compter du 1er janvier 2019 de la mise sur le marché, la délivrance, l’utilisation et la détention de certains produits phytopharmaceutiques pour un usage non professionnel (in French)

Liste actuelle des produits phytopharmaceutiques restant autorisés pour les amateurs à partir du 1er janvier 2019 (in French)

Liste des produits possédant une autorisation de mise sur le marché en vigueur en décembre 2018 et qui ne sont plus autorisés à partir du 1er janvier 2019 (in French)

 

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FRANCE: Tax on Diffuse Pollution – Evolutions for 2019

The new list of substances concerned by the French tax on diffuse pollution has been published in the Order of 28 December 2018. The new list will apply by 1st January 2019.

As a reminder, concerned substances are those known for their human health or/and Environment hazards:

  • Acute toxicity for human, category 1, 2 or 3;
  • Specific target organ systemic toxicity, category 1 (single or multiple exposure);
  • CMR, category 1A or 1B;
  • Effects on or via lactation;
  • Environmental hazards (acute or chronic).

(Note: hazard classes/categories according to Regulation (EC) No. 1272/2008)

 

Besides, the French finance law for 2019 introduces a revision of the tax by 1st January 2019. The new rates will range from 0.90 to 9 euros / kilogram of substance while the current rates range from 0.90 to 5.1 euros. An additional rate is also defined for substances not meeting the approval criteria of Regulation (EC) No. 1107/2009 or for substances subject to the substitution scheme. This evolution is part of the French action plan on plant protection products and on a less pesticide-dependent agriculture. The tax on diffuse pollution is strengthened to encourage a reduction of the use of PPPs (in particular those with substances of concern) and to help financially for the transitions.

 

To download:

Order of 28 December 2018 modifying the Order of 22 november 2010 establishing the list of substances defined by Article R. 213-48-13 of the Environment code as regards the tax on diffuse pollution (in French)

Finance law No. 2018-1317 of 28 décember 2018 for 2019 (Article 234) (in French)

Explantory note MTES/DGALN/DEB – 20.11.2018 (in French)

 

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FRANCE: Public consultation on Ecophyto II+

The French government has started on 20 November 2018 the public consultation on the different lines of action of the Ecophyto II+ plan. The consultation closes on 10 December 2018 (access the consultation).

As a reminder, Ecophyto II+ plan features the actions set in the French action plan of 25 April 2018 on plant protection products (PPP) and on a less pesticide-dependent agriculture, and those in the French action plan of 22 June 2018 for a ban of glyphosate within three years. Ecophyto II+ thereby strengthens the measures taken to reach the goal of 50% reduction in pesticide use in France by 2025.

Main Ecophyto II+ objectives are:

  • Speed up the withdrawal of substances of greatest concern, on the one hand, and promote the use of biocontrol products and of ‘natural’ preparations of low concern (denominated Préparations Naturelles Peu Préoccupantes, PNPP), on the other hand.
  • Strengthen the measures to avoid population exposure to PPP and to reduce the impact of PPP on the Environment.
  • Support research on the risks and effects of PPP use and demonstrate the effectiveness of farming programs with low PPP use.
  • Support farmers in this transition with notably (i) financial and technical supports, (ii) the separation of sale and consultancy activities of PPP (French EGalim law of 30 October 2018), and (iii) revise the French tax on diffuse pollution to make it more incentive.

 

To download:

Press release of 20 November 2018 – Consultation on the Ecophyto II+ plan (in French)

 

See also our previous articles:

FRANCE: Ecophyto II+, update and improvement of Ecophyto II

FRANCE: New Agriculture and Food law published

 

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

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FRANCE: Ecophyto II+, update and improvement of Ecophyto II

Version II+ of Ecophyto plan, updating and improving Ecophyto II, was examined during the Strategic Orientation Committee (COS) of 27 July 2018. This new version features the actions planned in the French action plan of 25 April 2018 on plant protection products and on a less pesticide-dependent agriculture  and in the French action plan of 22 June 2018 for a ban of glyphosate within three years .

Among the issues, the ministers notably announced that, in a first step, renewals of authorisations of glyphosate-based products will only be obtained for a maximum period of three years. Besides, the uses for which comparative assessments will underline that non-chemical alternative solutions are available and are commonly used, will be banned progressively.

With regard to neonicotinoids, ministers indicated that only few exemptions to the ban are envisaged. Those exemptions will only concern acetamiprid-based products, for low volumes and after a comprehensive risk assessment.

The public consultation for Ecophyto II+, initially announced for July 2018, will be held in Autumn 2018. The plan is expected to be published by the end of 2018.

 

To download:

Press release of 27 July 2018 – Strategic orientation committee of Ecophyto plan (in French)

 

See also our previous articles:

FRANCE: Action plan for plant protection products

 

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FRANCE: Action plan for plant protection products

The French action plan on plant protection products and on a less pesticide-dependent agriculture was presented on 25 April 2018. It incorporates the proposals of the stakeholders consulted since last February, 15th.

This action plan is structured around four priorities:

 

  • Rapidly reduce the use of substances of greatest health and environmental concerns

 

In this context, France will ask the European Commission to put an end as soon as possible to the approval of substances that are subject to cut-off criteria under the EU regulation: carcinogens category 1, mutagens category 1 or toxic for the reproduction category 1, or endocrine disruptors for humans or the environment, persistent bioaccumulative and toxic substances, or very persistent and very bioaccumulative substances. France will systematically oppose the extension and renewal of these substances.

France will also ask ANSES to start as early as 2018 a scientific review of the substances of greatest concern for health and the environment mentioned by the CGAAER-IGAS-CGEDD mission and whose European approval expires after 2018.

The plan provides for a separation of distribution and advising activities and a revision of the tax for diffuse pollution (RPPD) to encourage incentives to reduce the use of PPPs and help financially for the transitions.

 

  • Better know the impacts to better inform, protect the population and the professionals and preserve the environment

 

 

  • Amplify the research and development of alternatives and the implementation of these solutions by farmers

 

France will notably strengthen its support for the development of biocontrol by supporting the innovation of very small, small and medium-sized companies by mobilising the major investment plan and improving the approval process for biocontrol products (in particular by shortening timelines) and to propose at European level the recognition of biocontrol products in the context of the revision of Regulation (EC) No 1107/2009.

France will also support farmers towards the ban of glyphosate and the reduction of plant protection products within 3 years.

 

  • Strengthen the Ecophyto 2 plan, improve its governance and functioning

 

 

The Action Plan is accompanied by a timetable and a method of implementation:

  • Several working groups are set up in order to implement certain actions of the plan
  • Two referrals of scientific organisms have already been made, including one to ANSES:
    • development of specifications to launch an experimental study on the carcinogenicity of glyphosate

and 3 new referrals will be sent to ANSES in one month:

  • establishment of a list of the substances of greatest concern with regard to the risks they may pose to public health or the environment, in particular carcinogens, mutagens, reproductive toxins and endocrine disruptors which will still be approved after 2018;
  • identification of the substances of concern for which the Government will intervene with the European Commission so that they can be included as soon as possible in the list of substances candidates  for substitution;
  • proposals to strengthen existing regulations on pollinators, taking into account the safety of operators.

The Ecophyto 2 plan will be adapted to integrate the priorities of this action plan. The Ecophyto 2+ plan will be submitted for public consultation in July 2018.

 

To download:

Plan d’actions sur les produits phytopharmaceutiques et une agriculture moins dépendante aux pesticides (in French)

Mise en oeuvre du plan d’actions – Calendrier et méthode (in French)

 

See also our previous articles:

FRANCE: 18 actives on the hot seat: new action plan to reduce the use of PPPs

 

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

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FRANCE: Update of the official list of biocontrol products – March 2018

The French Ministry of Agriculture, Food and Forestry has published a new update of the official list of biocontrol plant protection products in accordance with articles L.253-5 and L.253-7 of the Rural Code. This note repeals the previous one dated 24 January 2018 and entered into force on 15 March 2018.

This note includes a total of 8 new products: 3 in Part A (products containing microorganisms), 4 in Part C (products containing natural substances of plant, animal or mineral origin) and 1 in part D. Part B (products including semiochemicals) remains unchanged.


The next update will be issued in May 2018 on the basis of products authorised on 30 April 2018.

 

To download: Note DGAL/SDQSPV/2018-205 du 15/03/2018 (in French)

 

See also our previous articles:

FRANCE: Release of a memo relative to biocontrol products

FRANCE: Update of the official list of biocontrol products – January 2018

 

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FRANCE – ANSES: Memo on grace periods and label update

ANSES published a memo on grace periods granted by ANSES and label update deadlines in the event of withdrawal, modification or non-renewal of an authorisation or a parallel trade permit for plant protection products.

It is reminded that the grace periods and delays of label update correspond to different and uncorrelated notions.

Regarding grace periods, as a reminder:

– a lack of indication of grace periods in a decision means that no delay has been granted;

– when grace periods are granted, they are mentioned in the decision and cannot exceed 6 months for the sales and distribution and 12 additional months for storage and use.

Concerning the timelines for label update, as a reminder:

– an absence of indication concerning the timeline to update the labels in a decision means that the default time limits apply: 6 months for the label update (or 12 months in case of addition of new uses or lighter precautions of use) and an additional 12 months for the use of stocks with the old labelling;

– Authorisation decisions may include different deadlines (shorter or longer).

 

To download:  

Délais de grâce octroyés par l’Anses et délais de mise à jour des étiquettes en cas de retrait, de modification ou de non-renouvellement d’une autorisation de mise sur le marché (AMM) ou d’un permis de commerce parallèle de produits phytopharmaceutiques (in French)

 

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

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FRANCE: Update of the official list of biocontrol products – January 2018

The French Ministry of Agriculture, Food and Forestry has published a new update of the official list of biocontrol plant protection products in accordance with articles L.253-5 and L.253-7 of the Rural Code. This note repeals the previous one dated 19 October 2017 and entered into force on 22 January 2018.

As well as providing some typographical corrections on products already listed, this note includes a total of 16 new products: 4 in Part A (products containing micro-organisms), 3 in Part B (products containing chemical mediators), 9 in Part C (products containing natural substances of plant, animal or mineral origin). Part D (insect traps) remains unchanged. It has to be noted that 3 products are taken off the list (Part C).

The next update will be issued in March 2018 on the basis of products authorised on 28 February 2018.

 

To download: Note DGAL/SDQSPV/2018-54 du 22/01/2018 (in French)

 

See our previous articles: New update of the official list of biocontrol products

 

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

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FRANCE: 18 actives on the hot seat: new action plan to reduce the use of PPPs

On 19 January 2018 the French government published a draft action plan on plant protection products to be finalised before the end of the first quarter of 2018.

The consultation will be conducted based on the Ecophyto national plan, which will be reviewed and adapted accordingly.

Four priorities are identified:

  1. Rapidly reducing the use of substances of greatest concern for the human health and the environment.
  2. Structuring and strengthening research on the impacts of PPPs on human health in support of strengthening the protection of populations.
  3. Supporting the research for alternatives and the implementation of these solutions by farmers.
  4. Strengthening the Ecophyto 2 plan, improving its governance and functioning.

In order to implement Priority 1, the action plan proposes that France opposes the renewal or extension of active substances of most concern at European level. Ministries could refer ANSES to, if necessary, define the necessary management measures (withdrawal of approvals, restriction of use) and carry out additional studies.

Overall, the action plan would concern 18 substances:

  • 6 actives expiring in 2018 (Chlorotoluron, Dimoxystrobin, Flumioxazin, Glufosinate, Diflufenican, Diquat)
  • 3 actives expiring after 2018 (Epoxiconazole, Profoxydim, Quizalofop-P-tefuryl)
  • 3 actives candidates for substitution (Metam-sodium, Metsulfuron methyl, Sulcotrione)
  • 5 actives identified as of concern by the mission (Bentazone, Mancozeb, Metazachlor, Prosulfocarb, S-Metalochlor)
  • Glyphosate will be part of this national and European approach and will be the subject of further studies, including experimental toxicological studies, for which the results will be expected within 3 years.

As for the implementation of Priority 3, the action plan proposes to promote biocontrol products (support  of small and medium-size companies during the registration process, proposal for the recognition of the status of biocontrol at EU level as part of the current REFIT of PPP legislation) and to promote preparations of little concern (so called “préparations naturelles peu préoccupantes” or PNPP) .

 

To download:  

Lancement de la concertation sur les propositions de plan d’actions sur les produits phytopharmaceutiques et une agriculture moins dépendante aux pesticides (In French)

Rapport des trois inspections (IGAS, CGAAER, CGEDD) sur l’utilisation des produits phytopharmaceutiques en France (In French)

 

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

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FRANCE: New update of the official list of biocontrol products

The French Ministry of Agriculture, Food and Forestry has published a new update of the official list of biocontrol plant protection products in accordance with articles L.253-5 and L.253-7 of the Rural Code. This note repeals the previous one dated 28 July 2017 and entered into force on 17 October 2017.

As well as providing some typographical corrections on products already included, this note includes a total of 16 new products: 3 in Part A (products containing micro-organisms), 1 in Part B (products containing chemical mediators), 11 in Part C (products containing natural substances of plant, animal or mineral origin) and 1 in Part D (insects traps).

The next update will take place in January 2018 on the basis of products authorised on 31 December 2017.

 

To download: Note DGAL/SDQSPV/2017-826 du 18/10/2017 (in French)

 

See our previous articles: 2nd update of the official list of biocontrol products

 

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

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