91/411/EEC,欧盟91/411/EEC指令,91-411-EEC

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Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection
products on the market
Official Journal L 230 , 19/08/1991 P. 0001 - 0032
Finnish special edition: Chapter 13 Volume 20 P. 0236
Swedish special edition: Chapter 13 Volume 20 P. 0236
COUNCIL DIRECTIVE of 15 July 1991 concerning the placing of plant protection products on
the market (91/414/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas plant production has a very important place in the Community;
Whereas plant production yields are continually affected by harmful organisms including
weeds; whereas it is absolutely essential to protect plants against these risks to prevent a
decline in yields and to help to ensure security of supplies;
Whereas one of the most important ways of protecting plants and plant products and of
improving agricultural production is to use plant protection products;
Whereas these plant protection products can have non-beneficial effects upon plant
production; whereas their use may involve risks and hazards for humans, animals and the
environment, especially if placed on the market without having been officially tested and
authorized and if incorrectly used;
Whereas, in view of the hazards, there are rules in most Member States governing the
authorization of plant health products; whereas these rules present differences which
constitute barriers not only to trade in plant protection products but also to trade in plant
products, and thereby directly affect the establishment and operation of the internal market;
Whereas it is therefore desirable to eliminate such barriers by harmonizing the provisions laid
down in the Member States;
Whereas uniform rules on the conditions and procedures for the authorization of plant
protection products must be applied by the Member States;
Whereas such rules should provide that plant protection products should not be put on the
market or used unless they habe been officially authorized and should be used properly
having regard to the principles of good plant protection practice and of integrated pest
control;
Whereas the provisions governing authorization must ensure a high standard of protection,
which, in particular, must prevent the authorization of plant protection products whose risks
to health, groundwater and the environment and human and animal health should take
priority over the objective of improving plant production;
Whereas it is necessary, at the time when plant protection products are authorized, to make
sure that, when properly applied for the purpose intended, they are sufficiently effective and
have no unacceptable effect on plants or plant products, no unacceptable influence on the
environment in general and, in particular, no harmful effect on human or animal health or on
groundwater;
Whereas authorization should be limited to plant protection products containing certain active
substances specified at Community level on the basis of their toxicological and

ecotoxicological properties;
Whereas it is therefore necessary to establish a Community list of authorized active
substances;
Whereas a Community procedure must be laid down for assessing whether an active
substance can be entered on the Community list; whereas the information that interested
parties must submit with a view to admission of a substance to the list should be specified;
Whereas the Community procedure should not prevent Member States from authorizing for
use in their territory for a limited period plant protection products containing an active
substance not yet entered on the Community list, provided that the interested party has
submitted a dossier meeting Community requirements and the Member State has concluded
that the active substance and the plant protection products can be expected to satisfy the
Community conditions set in regard to them;
Whereas, in the interests of safety, substances on the Community list should be reviewed
periodically, to take account of developments in science and technology and of impact studies
based on the actual use of plant protection products containing the said substances;
Whereas it is in the interests of free movement of plant products as well as of plant protection
products that authorization granted by one Member State, and tests carried out with a view to
authorization, should be recognized by other Member States, unless certain agricultural, plant
health and environmental (including climatic) conditions relevant to the use of the products
concerned are not comparable in the regions concerned; whereas to this end there is a need
to harmonize the methods of experimentation and control applied by the Member States for
the purpose of granting authorization;
Whereas it is therefore desirable that a system for the mutual supply of information should be
established and that Member States should make available to each other on request the
particulars and scientific documentation submitted in connection with applications for
authorization of plant protection products;
Whereas, however, Member States must be enabled to authorize plant protection products
not complying with the abovementioned conditions when it is necessary to do so because of
an unforeseeable danger threatening plant production which cannot be countered by other
means; whereas such authorization should be reviewed by the Community in close
cooperation with the Member States in the framework of the Standing Committee on Plant
Health;
Whereas this Directive complements Community provisions on the classification, packaging
and labelling of pesticides; whereas together with these provisions it considerably
improves the protection of users of plant protection products and consumers of plants and
plant products; whereas it also contributes to the protection of the environment;
Whereas it is necessary to maintain consistency between this Directive and Community rules
on the residues of plant protection products in agricultural products and the free movement of
the latter in the Community; whereas this Directive complements Community provisions
relating to maximum permissible levels for pesticide residues and will facilitate the adoption of
such levels in the Commission; whereas together with the latter provisions it considerably
improves the protection of consumers of plants and plant products;
Whereas resources devoted to the conduct of tests on vertebrate animals should not be
dissipated as a result of the differences in the laws of the Member States and whereas
considerations of public interest and Council Directive 86/609/EEC of 24 November 1986 on
the approximation of laws, regulations and administrative provisions of the Member States
regarding the protection of animals used for experimental and other scientific purposes (4)
militate against needless repetition of tests on animals;
Whereas, in order to ensure that the requirements laid down are satisfied, Member States
must make provision for appropriate control and inspection arrangements with regard to the
marketing and use of plant protection products;
Whereas the procedures provided for by this Directive for the evaluation of the risks to the
environment presented by plant protection products containing or composed of genetically
modified organisms correspond in principle to those laid down in Directive 90/220/EEC of 23
April 1990 on the deliberate release into the environment of genetically modified organisms
(5); whereas in future however the supply of data in accordance with Part B of Annexes II
and III is likely to be subject to specific requirements, provision should be made to amend
this Directive accordingly;