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Decree Law no. 169/2019, dated from November 29th, which amends the regulation of the distribution, sale and application of plant protection products, transposing the Directive (EU) no. 2019/782

Legal Alert no. 111 -  Decree Law no. 169/2019, dated from November 29th, which amends the regulation of the distribution, sale and application of plant protection products, transposing the Directive (EU) no. 2019/782

 

It was published, in the Portugal Official Gazette, the Decree Law no. 169/2019, dated from November 29th, which amends for the second time Law no. 26/2013, dated from April 11th (which regulates the activities of distribution, sale and application of plant protection products, for professional use, and of plant protection products aids and also defines the monitoring procedures to the use of these products).

In this way, and under the perspective of risk reduction’s rules and policies on the application of plant protection products, the Decree Law foresees the possibility of being the beekeepers, with apiaries located less than 1500 meters from cultivation subject to potential application of plant protection products, to request previous information regarding the application of any plant protection products that can be dangerous to bees and other pollinating insects, to the responsible for that application.

The Decree Law also establishes the obligation for forest producers or their organizations to communicate to the Agriculture and Fishery Regional Offices (DRAP), to the Institute for Nature Conservation and Forests, I.P. (ICNF, I.P.), and to the farmers’ federation, the intention to apply any plant protection product that can be dangerous to bees and other pollinating insects.

The validity period of the qualification of plant product protection’s applicator, acquired by applicators over the age of 65, was extended from 5 years to 10 years, in order to harmonize the period with the validity period of other applicators’ qualification.

It is also highlighted that the Decree Law adapted some harmonized risk indicators to evaluate the situation in order to assess the risks and outcomes resulting from the use of plant protection products in human health and in environment. The Decree Law also established the applicable procedure to its calculation, as an addendum to Law no. 26/2013, dated from April 11th. Thereby, potential negative effects of these products in human health and in the environment were identified, stipulating, in a medium term, a financial and social benefit. The indicators’ calculation for each calendar year will be communicated by DGAV to the European Commission and to the member states, after the year-end to which were calculated the harmonized risk indicators.

This Decree Law entered in force on the past November 30th.

To access the full version of the Decree Law no 169/2019, dated from November 29th, please click here.

 
 
 
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