FRANCE: New decree setting the conditions for inclusion on the lists of biocontrol products

Order no. 2022-35 of 17.01.2022 setting the conditions for inclusion on the lists of biocontrol products mentioned in Articles L.253-5 and L.253-7 of the Rural and Maritime Fishing Code will come into force on 01.02.2022.

It responds to the 1st objective of the axis “Regulation: Simplify the procedures for the authorisation and the use of biocontrol solutions” of the national strategy for the deployment of biocontrol published on 10.11.2020.

Biocontrol is defined in Article L.253-6 of the Rural and Maritime Fishing Code as all agents and products using natural mechanisms in the context of integrated pest management.

This order sets, from a regulatory point of view, the criteria that must be met by a plant protection product to be included in the lists of biocontrol products mentioned in Articles L. 253-5 and L. 253-7 of the Rural and Maritime Fishing Code. These criteria take into account the natural origin of the substance and the dangers to public health or the environment that the product may present. Exceptions are foreseen when the type of formulation or the method of application lead to negligible environmental exposure. The main change in comparison of the current exclusion criteria is the inclusion of the hazard statement H334 (respiratory sensitisation).

Plant protection products including active substances which meet the criteria below may be included in the lists mentioned in Articles L.253-5 and L.253-7:

• Substances of natural animal, plant or mineral origin naturally present and identified in their natural state, which are either extracted from a natural source material, or obtained by synthesis and are strictly identical to the natural substance;
• Substances from prokaryotes, unicellular eukaryotes or fungi;
• Micro-organisms and chemical mediators.

Criteria for exclusion from these lists are defined:

• Products containing an active substance identified as candidate for substitution;
• Products whose classification includes one of the following hazard statements: H300, H301, H310, H311, H330, H331, H334, H340, H341, H350, H350i, H351, H360, H360D, H360F, H360FD, H360Df, H360Fd, H361 , H361d, H361f, H361fd, H362, H370, H371, H372, H373;
• Products whose classification includes the hazard statement H400 or H410, unless the type of formulation and the mode of application lead to negligible exposure of non-target organisms.

In addition, products made of a device combining an attractant and an active substance with an insecticidal effect can be included on the lists mentioned in Articles L. 253-5 and L. 253-7 on the basis of the compliance of the attractant alone with the conditions mentioned above, as long as the device makes it possible to prevent the dissemination of the insecticide in the environment.

See also our previous articles: 

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

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