COMMISSION IMPLEMENTING DECISION (EU) 2024/373

of 24 January 2024

on the harmonised standards for inspection of pesticide application equipment in use drafted in support of Directive 2009/128/EC of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard 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 (1), and in particular Article 20(2) thereof,

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (2), and in particular Article 10(6) thereof,

Whereas:

(1) In accordance with Article 8(4) of Directive 2009/128/EC, pesticide application equipment which is in conformity with harmonised standards or parts thereof, the references of which have been published in the

Official Journal of the European Union

, is to be presumed to be in conformity with the essential health and safety and environmental requirements set out in Annex II to that Directive covered by those standards or parts thereof.

(2) By letter M/435 of 24 November 2008 the Commission made a request to the European Committee for Standardisation (CEN) for the drafting of harmonised standards in support of Directive 2009/128/EC.

(3) On the basis of the request M/435 of 24 November 2008, CEN drafted harmonised standard EN ISO 16122-5:2020 (aerial spray systems).

(4) The Commission together with CEN has assessed whether standard EN ISO 16122-5:2020 drafted by the CEN complies with the request M/435 of 24 November 2008.

(5) The standard satisfies the requirements which it aims to cover and which are set out in Directive 2009/128/EC. It is therefore appropriate to publish the references of that standard in the

Official Journal of the European Union.

(6) Commission Communication 2015/C 196/02 (3) already published the references of four harmonised standards regarding inspection of sprayers in use: EN ISO 16122-1:2015 (general requirements), EN ISO 16122-2:2015 (horizontal boom sprayers), EN ISO 16122-3:2015 (sprayers for bush and tree crops) and EN ISO 16122-4:2015 (fixed and semi-mobile sprayers). In the interest of clarity and legal certainty, a complete list of references of harmonised standards drafted in support of Directive 2009/128/EC and satisfying the essential requirements they aim to cover should be published in one act. Those four other references should therefore also be included in this Decision. Communication 2015/C 196/02 should therefore be repealed.

(7) Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the

Official Journal of the European Union

. This Decision should therefore enter into force on the date of its publication,

HAS ADOPTED THIS DECISION:

Article 1

The references to harmonised standards for inspection of pesticide application equipment in use drafted in support of Directive 2009/128/EC, listed in the Annex to this Decision, are hereby published in the

Official Journal of the European Union

Article 2

Communication 2015/C 196/02 is repealed.

Article 3

This Decision shall enter into force on the day of its publication in the

Official Journal of the European Union

Done at Brussels, 24 January 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 309, 24.11.2009, p. 71

, ELI: https://eur-lex.europa.eu/eli/dir/2009/128/oj

(2)

OJ L 316, 14.11.2012, p. 12

, ELI: https://eur-lex.europa.eu/eli/reg/2012/1025/oj

(3) Commission communication in the framework of the implementation of 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 C 196, 12.6.2015, p. 4

ANNEX

No	Reference of the standard
1.	EN ISO 16122-1:2015 Agricultural and forestry machinery – Inspection of sprayers in use – Part 1: General (ISO 16122-1:2015)
2.	EN ISO 16122-2:2015 Agricultural and forestry machinery – Inspection of sprayers in use – Part 2: Horizontal boom sprayers (ISO 16122-2:2015)
3.	EN ISO 16122-3:2015 Agricultural and forestry machinery – Inspection of sprayers in use – Part 3: Sprayers for bush and tree crops (ISO 16122-3:2015)
4.	EN ISO 16122-4:2015 Agricultural and forestry machines – Inspection of sprayers in use – Part 4: Fixed and semi-mobile sprayers (ISO 16122-4:2015)
5.	EN ISO 16122-5:2020 Agricultural and forestry machines – Inspection of sprayers in use – Part 5: Aerial spray systems (ISO 16122-5:2020)

ELI: http://data.europa.eu/eli/dec_impl/2024/373/oj

ISSN 1977-0677 (electronic edition)