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Order of 6 April 2020 as regards the conditions of approval of plant protection products for “amateur” uses, ANSES has withdrawn, from 01 September 2020, 68 authorisations and 1 parallel trade permit of plant protection products for “amateur” uses.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

FRANCE: Provisional balance for 2019 PPPs sales

The Ministries of Ecological Transition and Agriculture have released a provisional balance for the sales of plant protection products in 2019. These figures come from annual declarations by distributors of plant protection products as part of the tax on diffuse pollution. These data still need to be consolidated by the autumn, in particular to refine their analysis as regards the different uses (herbicide, fungicide, insecticide), the types of products (CMR, biocontrol), and to complete by other indicators.

 

These provisional data show that:

– The total quantities of active substances sold in agricultural uses, excluding biocontrol products, decrease by 44% between 2018 and 2019 (- 28 078 tonnes), after an increase of 18% between 2017 and 2018 (+ 11 870 tonnes);

– The total quantities of products of very high concern sold (carcinogenic, mutagenic and reprotoxic – CMR) decrease by more than 50% in 2019 compared to 2018 ;

– The quantities of glyphosate sold decrease by 35% (- 3 358 tonnes) between 2018 and 2019 after an increase of 11% (+ 999 tonnes) between 2017 and 2018;

– The proportion of biocontrol products continues to increase, illustrating a progressive and continuous substitution of the most hazardous substances by these products.

 

However, the quantities of active substances sold do not reflect neither the quantity applied nor the period of application of the treatments. Indeed, the year 2019 was affected by climatic conditions that were particularly less favourable to the development of crop diseases compared to 2018, but also by the increase of the tax on diffuse pollution on 1 January 2019. Farmers therefore tended to stock plant protection products at the end of the previous year in order to anticipate this increase.

It is nevertheless important to note that the decreasing trend in the market for plant protection products and the increase in the market for products suitable for use in organic farming demonstrate the reality of the ongoing agricultural transition and the wish to substitute the most hazardous substances.

 

To download: 

Press release: Action Plan on Plant Protection Products and a less pesticide-dependent agriculture: significant drop in sales in 2019 (in French)

 

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

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

 

FRANCE: Glyphosate – Teams selected to conduct complementary studies

In August 2019, ANSES launched a call for tenders for the conduct of several complementary in vitro and in vivo studies following the controversy over the carcinogenic classification of glyphosate.

After the evaluation of the proposals and the analysis of relationships of interest, ANSES announce the selection of the following teams: a consortium coordinated by the “Institut Pasteur de Lille” and the International agency for research on cancer (IARC).

These research teams will benefit from a global founding of 1,2 million euros under the Ecophyto II+ plan.

All these additional studies aim to establish the most complete scientific expertise possible on the carcinogenic potential of glyphosate. The results will be considered during the EU review process of glyphosate.

To download: 

Press release of 30 April 2020 (in French)

List of selected research teams (in French)

Anses Opinion and report as regards the specification of a study on the carcinogenic potential of glyphosate (in French)

 

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

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

 

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

The Order aiming at strengthening the requirements for the authorisation of plant protection products for “amateur” uses  was published on 10 April 2020. It repeals the Order of 30 December 2010 banning the use of some plant protection products by non professional users and the Order of 30 December 2010 concerning packaging and labelling requirements  of plant protection products that can be used by non professional users.

The strengthening is implemented in the context of the “LABBÉ’s” law No. 2014-110 of 6 February 2014. The law set the ban of sales, dispensing, use and possession of plant protection products by non professional users in place since 1st January 2019 with the aim to reduce the risks associated to the use of pesticides by amateurs. There are three exceptions to this ban for products authorised for non professional users (claim “emploi autorisé dans les jardins (EAJ)”):

  • 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 as defined by Regulation (EC) No.1107/2009 (art. 47), and
  • products authorised for organic farming (Regulation (EC) No.889/2008),

New criteria for authorisation granting for amateur uses

The Order adds new hazard statements for both products and active substances contained by the products to current criteria that do not permit to grant a marketing authorisation for amateur uses.

It is noted that products containing an active substance being an endocrine disruptor or a persistent organic pollutant will not be authorised for amateur uses.

The following formulations are also banned by the Order:

  • dustable powders (DP),
  • wettable powders (WP), except for unidoses packaging or any other system that permits to exclude the user’s contact with the product.

Lastly, the Order specifies some packaging and labelling requirements in order to guarantee minimal exposure to amateur users.

Consequences on marketing authorisations

Further to the entry into force of the Order on 11 April 2020, ANSES published a note presenting the consequences of the new provisions on the existing marketing authorisations, on the applications under evaluation and on applications made after 11 April 2020.

 

  • Existing marketing authorisations for amateurs 

The authorisations of amateur products subject to a restriction of use since 1st January 2019 will be withdrawn within 6 months of the entry into force of the Order. Grace periods of 6 months for sales and distribution to professionals and further 12 months for storage and use by professionals will be granted.

For authorised products not subject to a restriction of use, ANSES will check their compliance with the provisions of the Order at their authorisation renewal.

 

  • Applications under evaluation

The ongoing dossiers for products subject to a restriction of use since 1st January 2019 will be closed without specific explicit decision, except for zonal or interzonal applications for which France act as zRMS. In these cases, a Registration Report will be provided to the cMS.

Other applications will be evaluated against the criteria of the Order.

 

  • New applications for amateur uses

A revised version of the Cerfa form 15722 will be available soon. With this revised version, the applicant will be able to identify the type of product (biocontrol list, low risk and/or organic farming).

The procedure for the registration of biocontrol products on the official list of the Ministry of Agriculture (articles L.253-5 and L.253-7 of the Rural Code) remains the same.

The claim “low risk product” will be granted by Anses at the end of the evaluation in compliance with the criteria of article 47 of Regulation (EC) No.1107/2009. The claim will be mentioned in the decision of authorisation and will also appear on E-Phy website (new pictogram).

A new claim for organic farming (“utilisable en agriculture biologique”) is set for amateur uses with a new pictogram “PBA” (production biologique amateurs). The pictogram “UAB” remains only for professional uses. The compliance of amateur products with Regulation (EC) No.889/2008 for organic farming will not be assessed by INAO but by ANSES.

 

To download: 

Order of 6 April 2020 as regards the conditions of approval of plant protection products for amateur uses (in French)

ANSES – Note regarding products for amateur uses (April 2020) (in French)

 

Our previous articles:

FRANCE: Public consultation on the new Order for the authorisation of PPP for “amateur” uses

FRANCE: Ban of home and garden plant protection products

 

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

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

FRANCE – ANSES: Plant protection substances of concern

As part of the French government plan for a less pesticide-dependent agriculture, a CGAAER-CGEDD-IGAS inspection mission listed in 2017 some of the active substances of concern the most frequently identified or mentioned in monitoring reports.

ANSES was seized on 10 July 2018 in order to conduct an expert appraisal of these substances of concern. The corresponding Opinion has just been published.

Based on the findings of this mission report, and taking into account the ban of some substances and the subsequent withdrawal of a number of products, ANSES updated the list of active substances requiring particular attention.

ANSES recommend the non renewal of mancozeb, considered by ECHA as a category 1B reproductive toxicant, and of thiophanate-methyl, classified as a category 2 mutagen.

Moreover, without waiting for the EU renewal assessment of active substances, ANSES also undertake for the 2020-2021 period, a re-assessment of the risks posed by the products containing:

– substances recently classified by ECHA as category 1B carcinogens or reproductive toxicants: 8-hydroxyquinoline, ipconazole, flurochloridone, spirodiclofen, halosulfuron-methyl;

– the active substance prosulfocarb, for which the risk for bystanders and residents will be re-assessed as a result of contaminations of nearby non-target crops, which lead to a change of conditions of use.

Lastly, ANSES start the assessment of the endocrine-disruptor properties of prochloraz without waiting for a possible EU renewal application for this substance.

 

To download: 

Anses Opinion on the plant protection substances identified as giving rise to concern in the CGAAER-CGEDD-IGAS report on the use of plant protection products (in French)

 

Our previous article :

FRANCE : Action plan for plant protection products

 

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

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

 

FRANCE: Increase of the tax on the sale of Plant Protection Products

Further to the publication of the Order of 27 February 2020 repealing the Order of 09 March 2016, the rate of the tax applied to the sale of plant protection products is increased. Thus, for plant protection products which were the subject of an Authorisation or a parallel trade permit on 01 January of the tax year, the tax rate is increased from 0.2% to 0.9% of sales revenues for conventional products and is maintained at 0.1% for the products of the official biocontrol list.

This increase is the result of the raising of the rate ceiling set by the law 2019-1446 for the 2020 social security financing.

This tax is assigned to ANSES to finance the phytopharmacovigilance as well as the compensation fund for victims of pesticides.

 

To download: 

Arrêté du 27 février 2020 fixant le taux de la taxe sur la vente de produits phytopharmaceutiques (in French)

See also our previous articles: 

FRANCE : Tax on the sale of Plant Protection Products (Order 09 March 2016)

 

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

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