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In 2019, the Government adopted a regulatory framework which sets minimum safety distances between plant protection products (PPP) spreading zones and residential areas as well as the adoption at local level of charters aiming at creating a dialogue between local residents and farmers.
Following the decisions of the Constitutional Council of 19 March 2021 and of the Council of State of 26 July 2021, the Government was asked to adapt and complete this framework within 6 months.
In this context, following a public consultation from 21 December 2021 to 11 January 2022, a decree and an order adapting the minimum safety distances to be respected between the spreading zones and the residential areas were published on 26 January 2022. These texts integrate to the regulation the requests of the French Council of State.
- The decree sets a new procedure for drawing up and approving user commitment charters, so that public consultation on draft charters is carried out in accordance with the provisions of article L. 123-19-1 of the Environmental Code. In addition, it states that the charters must necessarily specify the procedures for informing residents and persons present prior to the use of PPPs.
- The order extends to people working near treated areas the provisions in place for the protection of residents nearby these areas.
Regarding the safety distances relevant for products classified CMR 2, the Government chose an approach based on scientific evaluation. The concerned products are those of which the authorisation does not include yet specific safety distances. Consequently, the Government asked ANSES to speed up the update of the approvals. This update will be done on request of the approval owner, who will have to provide sufficient datas and studies for a proper scientific evaluation. As of 1 October 2022, PPPs that have not been the subject of an admissible application to ANSES will have a 10-meter safety distance applied by regulation.
The decree and the order were published without modification brought to the versions submitted to the public consultation, except for the introduction of a transitional provision in the order setting that, with regard to the products mentioned in its article 14-2, the safety distances apply to plots already sown under a crop cycle on the date of its publication only from 1 July 2022
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