Sustainable Use of Pesticides Directive

Introduction and Overview

Directive 2009/128/EC, commonly known as the Sustainable Use of Pesticides Directive (SUD), establishes a framework for European Union countries to achieve a more sustainable use of pesticides. Its primary aim is to reduce the risks and negative impacts of pesticide use on human health and the environment. The directive promotes the use of Integrated Pest Management (IPM) and alternative, non-chemical methods to decrease dependency on chemical pesticides.

Evolution and Relations to Other Laws

The SUD is a key component of the EU's pesticides package, working in conjunction with Regulation (EC) No 1107/2009, which governs the placing of plant protection products on the market. While the Regulation focuses on the approval and authorization of pesticides, the Directive focuses on the 'use' phase of their lifecycle.

The directive has been amended several times to account for scientific and technical progress, notably by:

• Regulation (EU) No 652/2014
• Commission Directive (EU) 2019/782
• Regulation (EU) 2019/1243

It also supports and is compatible with other key EU environmental legislation, such as the Water Framework Directive (2000/60/EC), by requiring measures to protect the aquatic environment and drinking water supplies.

Main Goal and Objectives

The main goal is to achieve the sustainable use of pesticides by:

• Reducing risks and impacts of pesticide use on human health and the environment.
• Promoting Integrated Pest Management (IPM) and alternative approaches like non-chemical or biological control methods.
• Reducing dependency on the use of chemical pesticides.

Who It Applies To

The directive's obligations apply to Member States and various actors involved in the pesticide lifecycle:

• Professional users: Individuals using pesticides in their professional activities (e.g., farmers, operators, technicians).
• Distributors: Wholesalers, retailers, vendors, and suppliers who make pesticides available on the market.
• Advisors: Persons who provide advice on pest management and the safe use of pesticides.

Key Dates and Timeline

• 21 October 2009: Directive adopted.
• 24 November 2009: Published in the Official Journal of the EU.
• 25 November 2009: Entered into force.
• 26 November 2011: Deadline for Member States to transpose the directive into national law.
• 26 November 2012: Deadline for Member States to communicate their National Action Plans (NAPs) to the Commission.
• 26 November 2013: Deadline for Member States to establish certification systems for users, advisors, and distributors.
• 1 January 2014: General principles of Integrated Pest Management (IPM) must be implemented by all professional users.
• 26 November 2015: Measures restricting sales of professional-use pesticides to certified persons must be in place.
• 26 November 2016: All pesticide application equipment in professional use must have been inspected at least once.

Exemptions

• Micro distributors selling only non-professional use products may be exempted from the requirement to have certified staff, provided they do not sell highly toxic formulations.
• Handheld pesticide application equipment or knapsack sprayers may be exempted from mandatory inspection by Member States, provided operators are properly trained.

Key Provisions and Obligations

National Action Plans (NAPs): Member States must adopt NAPs setting quantitative objectives, targets, measures, and timetables to reduce the risks and impacts of pesticide use. These plans must be reviewed at least every five years.

Training and Certification: All professional users, distributors, and advisors must undergo training and obtain a certificate demonstrating sufficient knowledge on topics like risks, safe handling, IPM, and environmental protection.

Sales of Pesticides: Sales of pesticides for professional use are restricted to persons holding a valid certificate. Distributors must provide information on risks and safe use to customers.

Inspection of Application Equipment: Pesticide application equipment in professional use must be inspected regularly (every three years after 2020) to ensure it is safe, accurate, and efficient.

Aerial Spraying: Generally prohibited, with derogations possible only in special cases where there are no viable alternatives and under strict conditions, including specific approval from competent authorities.

Protection of Specific Areas: Use of pesticides must be minimized or prohibited in sensitive areas such as public parks, sports grounds, school grounds, playgrounds, and near healthcare facilities. Special measures are also required to protect the aquatic environment and drinking water sources, including the use of buffer zones.

Integrated Pest Management (IPM): Member States must take all necessary measures to promote low pesticide-input pest management. The general principles of IPM (Annex III) became mandatory for all professional users from 2014.

Affected Products, Actors, and Processes

• Affected Products: Plant protection products (pesticides) and pesticide application equipment.
• Affected Actors: Farmers, agricultural workers, pesticide manufacturers, distributors, advisors, public bodies managing public spaces, and the general public.
• Affected Processes: The sale, handling, storage, application (especially aerial spraying), and disposal of pesticides and their packaging.

Penalties and Enforcement

Member States are required to establish rules on penalties for infringements of the national provisions adopted pursuant to this Directive. The penalties must be effective, proportionate, and dissuasive.