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FRANCE – ANSES: Implementation of the regulatory provisions on banned co-formulants

Following the publication of the list of co-formulants banned in plant protection products (PPP), adjuvants and mixed products (Regulation (EU) 2021/383 amending Annex III to Regulation (EC) No 1107/2009), ANSES published on 24 March 2021 a note concerning the implementation of these new regulatory provisions.

  • For all on going applications for marketing authorisation submitted before 24.03.2021 for products containing a co-formulant listed in Annex III: an application for a non-significant change of composition should be submitted before 24 September 2021 under the form of dossiers of “Application for modification of declared information in a pending application” (PMOI). In the absence of such an application, the marketing authorisation will not be granted.

  • For all marketing authorisations existing on 24.03.2021: all authorisation holders will receive a letter from ANSES asking them to fill in the Table of banned coformulants and to send it back by 31 May 2021 at the latest. Holders of marketing authorisation should indicate whether they will apply for a non-significant change of composition. The compliance with the deadline of 31 May 2021 is a prerequisite for maintaining the authorisations. If an application for a non-significant change of composition is planned, the marketing authorisation holder must submit it before 24 March 2022 or face authorisation withdrawal. A modification of the marketing authorisation will be issued in case of positive conclusions of evaluation of the composition change.

 

Removal procedure

ANSES will proceed quickly to the analysis of all the received answers. In case of withdrawal, a letter of withdrawal intention will be sent to the marketing authorisation holders who will have 10 working days to submit their observations. These will be analysed by ANSES which will decide to maintain the marketing authorisations or to withdraw them by 24 March 2023 at the latest.

Grace periods may not exceed 3 months for sale and distribution and 9 additional months for the disposal, storage and use for the withdrawn products.

 

To download: 

ANSES note – Implementation of the regulatory provisions on banned co-formulants – Version 1 of 24.03.2021 (in French)

Table of banned coformulants to be sent by 31 May 2021

 

See also our previous articles: 

EUROPE – COM: Publication of the list of co-formulants banned in PPP

 

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

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

 

FRANCE – ANSES: Product labelling following PPE updates in marketing authorisations

On 02.03.2021, ANSES published an update of its note on the procedure for updating personal protective equipment (PPE) in marketing authorisations.

As a reminder, all dossiers for which a marketing authorisation was issued after 1 January 2020 required an update of the PPE by the authorisation holders. ANSES has then issued decisions amending the marketing authorisations. The updated note indicates in particular that this PPE review does not require to update the labels, in accordance with Article R253-42-II of the French Rural Code, for the products already labelled before the date of decision amending the marketing authorisations.

 

To download: 

ANSES Note – Updating of personal protective equipments mentioned in the marketing authorisations of plant protection products, in application of article 15 of the Order of 04 May 2017 amended by the Order of  27 December 2019 – Version 2 of 02.03.2021 (in French)

 

See also our previous articles: 

FRANCE – ANSES: Procedures for updating PPE in marketing authorisations

 

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

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

 

FRANCE: Specific provisions for the ban extension of plant protection products in 2022

Since 1 January 2017, the Labbé’s law aims to better regulate the use of plant protection products in France by banning their use for amenity areas, forest and areas accessible or open to the public (excluding biocontrol products officially listed by the Ministry of Agriculture in accordance with articles L.253-5 and L.253-7 of the Rural Code, low-risk products or organic farming products). Since 1 January 2019, this ban has been extended to all non-professional users.

On 21 January 2021, the Order of 15 January 2021 was published in the Official Journal of French Republic as regards measures to protect people when using plant protection products in private properties, places frequented by the public and places for collective use and amending the Order of 4 May 2017 as regards the placing on the market and the use of plant protection products and their adjuvants referred to in Article L. 253-1 of the French Rural Code.

This Order extends the Labbé’s law bans on the use of plant protection products to various places frequented by the public or for collective use as of 1 July 2022, such as:

  • Private residential properties;
  • Hotels, collective inns, campsites and residential leisure parks;
  • Cemeteries and columbariums;
  • Family gardens and amusement parks;
  • Commercial and service areas;
  • Workplaces;
  • Educational institutions;
  • Health facilities;
  • Social and medico-social facilities;
  • Childminder homes;
  • Sport equipments;
  • Aerodromes (excluding areas requiring treatment for safety reasons).

The ban does not apply to treatments and measures necessary for the destruction and prevention of the spread of regulated harmful organisms, or to treatments necessary for the control of significant health hazard threatening the historical or biological legacy.

Regarding sport equipments (large sport grounds, hippodromes, tennis courts, golf courts and practices), an exemption will be granted until 1 January 2025 for uses with no suitable alternative technical solution for achieving the quality required in the context of official competitions.

 

To download: 

Order of 15 January 2021 as regards measures to protect people when using plant protection products in private properties, places frequented by the public and places for collective use and amending the Order of 4 May 2017 as regards the placing on the market and the use of plant protection products and their adjuvants referred to in Article L. 253-1 of the French Rural Code (in French)

 

See also our previous articles: 

FRANCE – Public consultation: Extension of the ban of plant protection products in 2022

 

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

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

 

FRANCE: List of substances concerned by the Tax on Diffuse Pollution for 2021

The updated list of substances concerned by the French Tax on Diffuse Pollution has been published in the Official Journal of 13 December 2020. Some modifications have been performed in comparison to the list published in October 2020 for public consultation.

The changes in comparison to the 2019 list correspond to new knowledge on the classification of the substances. The update is based in particular on Regulation (EC) No 1272/2008 as amended by the 14th ATP for the purposes of its adaptation to technical and scientific progress, on opinions on non-harmonised substances published by ANSES, on opinions published by EFSA or on the RAC of ECHA (Risk Assessment Committee of the European Chemicals Agency). On the basis of the information collected, the highest mention attributed to the substance is used to define the tax category.

The new list applies by 1st January 2021.

 

To download: 

Order of 07 December 2020 establishing the list of substances defined by Article L. 213-10-8 of the Environment code as regards the tax on diffuse pollution (in French)

 

See also our previous articles: 

FRANCE: Updated list of substances concerned by the Tax on Diffuse Pollution for public consultation

 

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

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

 

FRANCE – ANSES: Procedures for updating PPE in marketing authorisations

Following the entry into force on 1 January 2020 of the Order of 27 December 2019 on measures for the protection of persons using plant protection products, users should replace the personal protective equipment (PPE) currently mentioned in the marketing authorisations by equipment complying with the new requirements.

On 26 November 2020, ANSES published a note on procedures for updating PPE:

  • For marketing authorisations issued before 1 January 2020, the user will have to replace the PPE, but without notifying it to ANSES.
  • For marketing authorisations issued after 1 January 2020, a request to update PPE is sent to the authorisation holder, who will have to reply within 2 months by email.
  • For all new marketing authorisation applications submitted from 26 November 2020, PPE proposed by the applicant must comply with the new requirements.
  • For the applications currently under instruction, applicants are encouraged to send a single letter to ANSES to update the PPE in all applications under examination. For each application (including the type of application, the brand name of the product and ANSES reference number), a table of equivalence between the PPE initially proposed and the updated PPE must be provided. If no letter is provided, a request to update PPE will be sent directly to the applicants by ANSES departments.

 

The PPE updates concern in particular clothing and gloves:

PPE type Old requirements New requirements
Clothing Water-repellent working coveralls (polyester 65% / cotton 35% – minimum weight 230 g/m²) Clothing PPE certified NF EN ISO 27065/A1
Reusable gloves Nitrile gloves certified EN 374-3 Nitrile gloves certified NF EN ISO 374-1/A1 and NF EN 16523-1+A1 (type A)
Single use gloves Single use nitrile gloves certified EN 374-2 Single use nitrile gloves certified NF EN ISO 374-1/A1 and NF EN ISO 374-2 (types A, B or C)

 

To download: 

ANSES Note – Updating of personal protective equipments mentioned in the marketing authorisations of plant protection products, in application of article 15 of the Order of 04 May 2017 amended by the Order of  27 December 2019 – Version 1 of 26.11.2020 (in French)

Order of 27 December 2019 relating to measures for the protection of persons using plant protection products (in French)

 

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

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

 

FRANCE: Implementation of the national biocontrol strategy for 2020-2025

The “EGAlim” law of 30 October 2018 planned the implementation of a national strategy for biocontrol products in order to reduce the risks and the effects of the use of plant protection products on human health and the environment.

On 10 November 2020, the Government published its national strategy with the main priorities in progress or to be developed in order to promote the development and the use of biocontrol products as an alternative to conventional plant protection products.

4 main priorities have been defined:

– Innovation: accelerate research, industrialisation and development of new biocontrol solutions

→ Improve knowledge, foster and support companies in the development and industrialisation of new products…

– Regulation: Simplify the procedures for the authorisation and the use of biocontrol solutions

→ Strengthen the definition of biocontrol, simplify the submission of applications for authorisation/renewal of macro-organisms, reduce delays for decisions, grant the logo “Usable in Organic Farming (UAB)” faster…

– Ensure the implementation of biocontrol in France

→ Develop trial sites, inform the public to promote biocontrol, develop and strengthen the training of professional users, provide appropriate and independent advice, support farmers…

– Promote biocontrol at European level

→ Achieve a target of 50% reduction of the use of plant protection products by 2025 as set by the European Green Pact and the European Commission’s “farm to fork” strategy.

 

To download: 

National implementation strategy for biocontrol (in French)

 

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

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

 

FRANCE: National PPP uses catalog – New DGAL memo

For the application of paragraph 1 of article 31 of Regulation (EC) No.1107/2009, the new memo DGAL/SDQSPV/2020-586 unveils the additions made to the current version of the national catalog of PPP uses (NS DGAL/SDQPV/2015-253). Complements are made in the following 3 booklets:
– Arable crops
– All crops
– Non agricultural uses

The other booklets remain unchanged. In addition, no changes were made to the introduction parts of booklets. Only the lists of “associated uses” have been completed,  as detailed below:

For Arable crops booklet, 2 new uses were added:
– 15505904 Linseed*Weedling*During retting
– 15705917 Pastures*Destruction of vegetation cover

 For All crops booklet, 4 new uses were added:
– 11015934 All crops* Destruction of covers and volunteers
– 11015935 All crops*Weeding*Intercrop, fallows and crops destruction
– 11015936 All crops*Weeding*Between rows of cultivated area
– 11015937 All crops*Weeding*Clearing of bushes

 For Non agricultural uses, 3 new uses were added:
– 01001001 Non agricultural uses*Weeding*Railways
– 10015907 Non agricultural uses*Total weeding*Industrial sites and other infrastructures
– 10015908 Non agricultural uses*Weeding*Parks, Gardens, Pavements

It can also be noticed that some uses are now considered as transitional (intended to be progressively replaced):
– 11015924 All crops*Weeding*Before cultivation
– 11015921 All crops*Weeding*Cultivated areas before planting
– 11015925 All crops*Stumps destruction
– 11015911 All crops*Clearing of bushes

– 01001002 Non agricultural uses*Weeding*Industrial sites
– 11015903 Non agricultural uses*Weeding*Paths of parks and gardens, Pavements, Cemeteries, Alleyways

 

To download: 

National PPP uses catalog: Arable crops, All crops and Non agricultural uses (2020) – in French

National PPP uses catalog: general instructions (2015) – in French

 

See also our previous articles: 

FRANCE: Focus on the changes in the catalog of uses

 

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

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FRANCE: Monitoring or mass trapping with semiochemicals

The rules related to the placing on the market and the use of monitoring and mass traps containing semiochemicals have been specified by the Ministry of Agriculture as regards their uses for the monitoring or the control of crop pests. 

Published in the Official Bulletin of 22 September 2020, the note is part of the national biocontrol deployment strategy planned by Article 80 of the law called “EGAlim”. According to the note, a plant protection product marketing authorisation is not required for monitoring and mass traps that meet the criteria of the official list for biocontrol products (articles L.253-5 et L.253-7 of French Rural Code) as soon as the traps do not contain an insecticide.

Traps labelling shall be compliant with the provisions of Regulation (EC) No 272/2008 (CLP).

However, the marketing authorisation of the trapping device remains necessary when the lethal part of the trap involves an insecticidal active substance.

To be noted: a marketing authorisation is not required for traps containing food as attractant except if they also contain an insecticide active substance.

 

To download:

Technical instruction DGAL/SDQSPV/2020-581 of 22.09.2020 – Placing on the market and use of traps containing semiochemicals  used for the monitoring or the control of insect pests in crops.  (in French)

 

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

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FRANCE: Withdrawal of products for “amateur” uses

As a result of the entry into force of the Order of 6 April 2020 as regards the conditions of approval of plant protection products for “amateur” uses, ANSES has withdrawn, from 01 September 2020, 68 authorisations and 1 parallel trade permit of plant protection products for “amateur” uses.

These products have been subject to a restriction of use since 1st January 2019.

The end of sales and distribution is set on 01.03.2021.

The end of use of the stocks of products is set on 01.03.2022, except for glyphosate-based products for which the end of use is set on 01.09.2021.

 

To download: 

List of withdrawal of products for “amateur” uses as of 01.09.2020 (in French)

 

See also our previous articles: 

FRANCE: New requirements for the approval of PPP for “amateur” uses

 

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

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

 

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/