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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.

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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.

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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/

 

FRANCE: Glyphosate – Withdrawal of the consortium selected to conduct complementary toxicological studies

Following the selection of the teams as part of the call for tenders for the conduct of several complementary in vitro and in vivo studies on the potential carcinogenicity classification of glyphosate, harsh criticism has called into question the deontology and independence of ANSES. The consortium selected and composed of seven laboratories was accused of being linked to members of the Agency’s expert committee who had participated in the development of the study programme.

In order to avoid any climate of tension and suspicion regarding the results of the studies and thus impact the scientific debates, the consortium has announced the withdrawal of its participation. The project conducted by the International agency for research on cancer (IARC) is maintained and will be funded by ANSES. An original study to explore potential genotoxic effects of glyphosate following long-term exposure of cell cultures was proposed.

 

To download: 

Study of the carcinogenic potential of glyphosate: ANSES announces the withdrawal of the consortium selected to conduct complementary toxicological studies (in French)

 

See also our previous articles: 

FRANCE: Glyphosate – Teams selected to conduct complementary studies

 

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

Since 1st January 2017, the use of plant protection products for amenity uses (amenity areas, forest and areas accessible or open to the public) is banned by the Labbé’s law 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. The Labbé’s law also bans the use and possession of the same plant protection products by non-professional users since 1st January 2019.

Extension of Labbé’s law bans to living spaces from 2022

A draft Order published for public consultation on 2 July until 16 August 2020 plans to extend from 1 July 2022 the ban on the use of plant protection products to:

  • residential areas (including condominium gardens, private parks and gardens, hotel residences, campsites, family gardens, amusement parks, commercial areas, workplaces, cemeteries, educational institutions, health facilities, social and medico-social facilities and maternal assistant homes),
  • and sport grounds.

Exemption for sport equipments

An exemption until 1st July 2025 is planned for high-level and competition sport grounds. After the 1st July 2025, the draft Order plans the possibility to set by an Order a list of uses exceptionally subject to derogation where no alternative technical solution will permit to obtain the quality required in the context of official competitions.

 

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 Order as regards measures to protect people when using plant protection products nearby residential areas and places for collective use and modifying 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)

 

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

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