Uradni list RS , No: 71/2014
Based on Article 17(5) and Article 34(2) of the Plant Protection Products Act (PPPs Act; UL RS 1 83/12), the
Minister of Agriculture, Forestry and Food issues the following
R U L E S on proper use of plant protection products
Article 1
(Subject)
These Rules are laying down the detailed requirements for the proper use of plant protection products
(hereinafter referred as PPPs) and for the use of PPPs on public areas according to Article 12 and 13 to
Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71), as last amended by Regulation (EU) 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives
98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No
396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (hereinafter referred to as Directive
2009/128/EC).
Article 2
(Definitions)
Terms used in these Rules shall have the following meaning:
1. the period of bloom is the period from opening of blossoms until falling the last petals off;
2. PPPs dangerous to bees are PPPs labelled as dangerous to bees due to their properties;
3. re-entry period is the waiting period for humans and livestock before they can re-enter to treated areas,
4. insecticide is a PPP used to control insects;
5. contact PPPs are PPPs, which remain on the surface of plants and control harmful organisms by contacting activity;
6. systemic PPPs are PPPs, which are absorbed by plants and are transmitted inside plants to control harmful organisms through plant fluids;
7. drift is the drift of droplets of PPP spray mixture outside the treated area, caused by spraying activity, natural air flow and turbulences caused by PPP application equipment.
Article 3
(Label and use instruction)
(1) The user of PPPs shall carefully consider the label and use instruction before the application of PPPs and he/she shall consistently respect all written hazard and precautionary statements (for instance on water buffer zones, protection of honeybees and other non-target organisms) during the application of PPPs.
(2) PPPs are allowed to be used on plants in doses or concentrations and in time periods defined and written on the label and use instruction.
Article 4
(Handling of PPPs)
(1) For preventing the contamination of groundwater and drinking water the preparation of spraying mixture,
PPP application and cleansing of the PPP spraying equipment in close vicinity of the surface water or on the
1 UL RS
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Uradni list Republike Slovenije
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Official Gazette of the Republic of Slovenia
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Uradni list RS , No: 71/2014 areas with big risk for the run-off of PPPs into surface water or rainwater canalisation or in close vicinity of the facilities for drinking water supply is not allowed.
(2) Filling and mixing of the spraying mixture shall be done at places where potential spillage cannot reach the groundwater, surface water, water wells and rainwater canalisation. The accidental minor spillage shall be covered with an absorbent (for instance dry soil, sawdust or sand) and removed in accordance with regulations regulating waste. The accidental major spillage shall be reported to the National informant centre to the telephone number 112 or to the closest fire brigade or police station. Spilled PPPs shall not be washed off.
(3) When filling the sprayer tank the packages of solid PPPs shall be emptied thoroughly. In the case of fluid
PPPs the instruction of the PPP producers regarding the waste disposal of empty packages shall be respected. If there is no PPP producer instruction on the PPP label, empty packages of fluid PPPs shall be thoroughly rinsed three times with clean water into the sprayer tank, or thoroughly rinsed with integrated pressure rinsing device if installed on the PPP application equipment.
(4) The remnants of the spraying mixture shall not be cleansed into surface water, water wells, sinks, drains and sewage and rainwater canalisation. In order to protect the groundwater the discharging of the sprayer tank of spray remnants or rinsing water on the spot is not allowed. The water used for cleaning of the PPP application equipment shall be sprayed over already treated area or over other biologically active area or over the system for biological decomposition on the farm.
Article 5
(Storage)
(1) PPPs shall be stored in their original packages separated from food and other objects of general use, out of the reach of children, at the temperature, humidity and light conditions as instructed by PPP producer on the label.
(2) The PPP user shall not store PPPs which have not been authorised or permitted in the Republic of
Slovenia.
(3) Uncleansed packages, the remnants of PPPs and PPPs for which an authorisation, a permit or a shelf life date have expired (hereinafter: waste PPPs) shall be disposed as dangerous waste in accordance with regulations regulating waste PPPs.
(4) Thoroughly emptied and cleansed packages of solid or fluid PPPs shall be stored in a protected and dry place until disposal. Corks shall be stored separately beside the bottles. Cleansed, drained and dried packages shall be disposed at collecting centres for cleansed PPP waste packages.
(5) The PPP user shall keep the waste PPPs that cannot be disposed immediately in particular covered inflammable and anti-corrosive containers out of the reach of children in store facilities where PPPs are normally stored.
Article 6
(Protection of honeybees)
(1) When PPPs labelled as dangerous to honeybees are used the blossoming undergrowth in perennial plantations shall be mown or in any other way protected from PPP depositing on it.
(2) The use of systemic PPPs labelled as dangerous to honeybees during bloom of crops has been forbidden.
(3) The use of contact PPPs labelled as dangerous to honeybees during bloom of cultivated crops has not been allowed during daytime; it has been allowed in night time from two hours after sunset until two hours before sunrise only, if the risk evaluation in the authorisation procedure of these PPPs showed that this use did not present the risk to honeybees, which was stated in the PPP authorisation decision and on the label.
(4) When using PPPs labelled as dangerous to honeybees the user shall apply PPPs in a way that drift of
PPPs to neighbouring surfaces with plants or cultivated crops in bloom is prevented.
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Article 7
(Prevention of the drift of PPPs)
(1) PPP application shall be carried out in a way that the drift of PPPs to neighbouring crops is prevented considering all the factors having influence on drift (for instance PPP application equipment type, wind, humidity).
(2) The PPP user shall see that PPPs do not come into direct contact with ground and surface water body or drinking water supplies due to PPP use or drift, drain or runoff; and he/she shall respect buffer zones and restrictions defined by regulations regulating water when applying PPPs.
(3) The PPP user shall see that PPPs do not come into direct contact with humans, plant store or processing facilities, animal breeding and care facilities, beehives, residential buildings, schools and nursery schools, children playgrounds and sport fields, health institutions, retirement homes or other similar facilities. To prevent the drift the PPP application shall be carried out in appropriate distance from these facilities.
(4) Appropriate distance to prevent the drift of PPPs as referred into previous paragraph (hereinafter: buffer zone) means the following:
a) When PPPs are applied on perennial plantations and hop fields:
- 20 meters when a blower and a knapsack power sprayer are used without additional equipment intended for reducing the drift and with no hedge or other natural or built barrier (hereinafter: protective barrier),
- A protective barrier that prevents the drift of spraying mixture and which has to be of the same height or higher than plants in the perennial plantation or hop field. The protective barrier may be set between the edges of the perennial plantation or hop field and the border of the neighbouring land and facilities in the distance from the border prescribed by spatial acts of local communities.
- Five meters when using blowers with additional equipment intended for reducing the drift, without protective barriers set, or
- If anti-drift nozzles are used, with no protective barriers set, the buffer zone of 20 meters may be reduced for the same percentage as described in the technical specifications for the nozzles (for instance if anti-drift nozzles with 50% reduction of drift are used the buffer-zone may be reduced from 20 meters to 10 meters), but not to less than five meters.
b) When PPPs are applied on arable crops:
- Five meters when a tractor sprayer and a knapsack power sprayer are used without additional equipment intended for reducing the drift and with no protective barrier set,
- A protective barrier that prevents the drift of spraying mixture and which has to be at least two meters high. The protective barrier may be set between the edge of the crop and the border of the neighbouring land and facilities in the distance from the border prescribed by spatial acts of local communities or
- If anti-drift nozzles are used, with no protective barriers set, the buffer zone of five meters may be reduced for the same percentage as described in the technical specifications for the nozzles (for instance if anti-drift nozzles with 50% reduction of drift are used the buffer-zone may be reduced from five meters to 2,5 meters), but not to less than two meters.
(5) If the field on which PPP is applied borders to public road or public path where during the time of PPP application people linger or honeybees are transported which then may be exposed to the negative impacts of
PPPs the PPP user is obliged to stop the application temporarily until people or honeybee transport withdraw from the way.
(6) When applying PPPs on fields that border schools and nursery schools, children playgrounds, sport fields, health institutions, retirement homes or other similar facilities, users of PPPs shall notify the owners or managers of these facilities 24 hours in advance at least about the intended PPP application. The notification shall contain the data on trade name of the PPP, place, manner, date and the time of application.
Article 8
(Re-entry period)
During the re-entry period the access of people and livestock to the treated areas shall be restricted. Re-entry period may be found on the PPP label. If the re-entry period is not stated on the label the access shall be restricted until the spraying mixture on plants and areas dries out.
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Article 9
(Good plant protection practice)
(1) When planning the plant protection measures professional and unprofessional PPP users shall handle of
PPPs in accordance with good plant protection practice defined by the Act regulating PPPs.
(2) Professional PPP users shall use only the PPP application equipment inspected in accordance with the regulation regulating requirements on proper operation of PPP application equipment, conditions and manner of carrying out their regular inspection in each PPP application.
(3) Professional and unprofessional PPP users who use PPPs for professional use shall have completed training in handling of PPPs in accordance with regulation regulating training in PPPs.
(4) Professional and unprofessional PPP users shall use personal protective equipment during PPP application in accordance with regulations regulating safety at work and in accordance with instruction of PPP producers stated on the label.
Article 10
(Good agriculture practice in seed treatment with PPPs)
(1) Seeds shall be treated with PPPs in the devices intended for disinfection of seeds only which fulfil the requirements from regulations regulating machine safety.
(2) Seeds shall be treated in accordance with previous paragraph by natural and legal persons only who are registered for the activity of preparation of seeds of arable crops and vegetables for the market as suppliers in accordance with the Act regulating propagating material of agricultural plants.
(3) Seeds already treated with insecticides shall not be treated over again with the same insecticides or any other PPPs.
Article 11
(Good agricultural practice in the handling and sowing of treated seeds with PPPs)
(1) The seeds treated with PPPs packed in bags shall be handled the way that mechanical damage of seeds and packages is prevented and the seed coating does not fall off.
(2) After seeds are fed into the seed tank the dust that fell off the seeds and remained in the bags shall not be poured into the seed tank as well.
(3) Empty bags and the dust remaining in the bags shall be disposed in accordance with regulations regulating waste.
(4) Unused treated seeds shall be stored together with their label in sealed bags separated from other untreated seeds until the next sowing season or removed in accordance with regulations regulating waste.
(5) Hazard and precautionary statements on the label concerning personal protective equipment, the protection of the environment and the protection of animals shall be respected and instructions followed consistently during sowing. Sowing machines used shall be in perfect technical condition.
(6) Maize seeds treated with PPPs labelled as dangerous to honeybees shall be sown with maize vacuum planters only in the case if they are equipped with devices which reduce the air born dust flow carried off into the surroundings.
(7) Seeds treated with PPPs labelled as dangerous to birds shall be incorporated fully into the soil during sowing and eventually spilled seeds taken up and removed.
(8) Seeds treated with PPPs shall not be used for food or feed.
Article 12
(PPP use on public areas)
(1) If non-chemical plant protection methods used on public areas, with the exception of children and school playgrounds, are not sufficient for control of harmful organisms and the danger these organisms signify to plants, to the environment or to human health cannot be prevented, PPPs authorised for controlling of these organisms are allowed to be used.
(2) The caretaker of public areas, with the exception of roads and railway lines, shall inform the public in commonly community manner 24 hours in advance at least about the intended PPP application as referred
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Uradni list RS , No: 71/2014 into the previous paragraph. The trade name of PPPs, the place, the manner of application, the date and the predicted hour of the application shall be stated in this notification.
(3) The public areas as yards, parking places, parks and similar areas, with the exception of roads and railway lines, shall be fenced before PPPs are applied with a tape or mobile fence that prevents the access to people.
At places where people usually enter these areas the sign with the following inscription shall be set: ‘ Do not enter! Treated with plant protection products .’ The signs and the tape or fence shall be set until the reentry period has ended. Treated areas shall be secured 12 hours from the end of PPP application at least in the case that the re-entry period has not been stated on the label of particular PPP.
(4) The caretaker of public areas as referred into the first paragraph of this Article shall carry out the PPP application in dry and windless weather after the sun sets.
(5) The appropriate buffer zone shall be respected at PPP application on public areas, with the exception of roads and railway lines, as referred into the first paragraph of this Article.
Article 13
(Repeal)
On the date of entry into force of these Rules the following shall be repealed:
- Rules on obligations of operators for application of plant protection products (UL RS 62/03, 5/07,
30/09, 83/12 – ZFfS-1 and 43/14) and
- Order on compulsory participation of proprietors in suppression of harmful organisms on railway facilities (UL RS 42/95 and 83/12 – ZFfS-1).
These Rules shall enter into force on the fifteenth day following publication in the Uradni list Republike
Slovenije.
Article 14
(Entry into force)
No. 007-85/2014
Ljubljana, 24 September 2014
EVA 2012-2330-0270
D EJAN
Ž
IDAN , MSc,
Minister of Agriculture, Forestry and Food
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