Commission Implementing Regulation (EU) 2023/1537 of 25 July 2023 laying down rul... (32023R1537)
EU - Rechtsakte: 03 Agriculture

COMMISSION IMPLEMENTING REGULATION (EU) 2023/1537

of 25 July 2023

laying down rules for the application of Regulation (EU) 2022/2379 of the European Parliament and of the Council as regards statistics on the use of plant protection products to be transmitted for the reference year 2026 during the transitional regime 2025-2027 and as regards statistics on plant protection products placed on the market

(Text with EEA relevance)

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2022/2379 of the European Parliament and of the Council of 23 November 2022 on statistics on agricultural input and output, amending Commission Regulation (EC) No 617/2008 and repealing Regulations (EC) No 1165/2008, (EC) No 543/2009 and (EC) No 1185/2009 of the European Parliament and of the Council and Council Directive 96/16/EC (1), and in particular Articles 4(6), 5(10), 9(4) and 14(1) thereof,
Whereas:
(1) Regulation (EU) 2022/2379 establishes an integrated framework for developing, producing and disseminating European statistics as regards agricultural inputs and outputs.
(2) Transitional rules on the detailed topic of use of plant protection products in agriculture apply for the years 2025, 2026 and 2027, as laid down in Article 14(1) of Regulation (EU) 2022/2379. Under these rules, data on the uses is to be sent only once, for the reference year 2026.
(3) Statistics on the placing on the market of plant protection products should be collected annually from the reference year 2025 onwards.
(4) It is necessary to specify the data requirements for producing statistics on agricultural inputs and outputs as regards plant protection products in order to produce comparable data between Member States and to achieve harmonisation.
(5) Regulation (EU) 2022/2379 establishes that statistical data covering the dimension of organic production are essential to monitor the progress of the action plan for developing organic production in the Union. The use of plant protection products in organic production is an important part of that data.
(6) Pursuant to Article 5(10) of Regulation (EU) 2022/2379, this Regulation specifies technical elements of the data to be provided. Those elements consist of the list of variables, the descriptions of the variables, the observation units, the precision requirements to be applied, the methodological rules to be applied, and the deadlines for transmitting the data.
(7) The coverage of the data sets should be specified beyond the requirements in Articles 4(1) and 4(5) of Regulation (EU) 2022/2379, where appropriate, to avoid inconsistencies between Member States. In particular, it is necessary, pursuant to Article 14(1) of Regulation (EU) 2022/2379, by way of derogation from Article 4(5), point (b), to specify a common list of crops for all Member States to provide information on the use of plant protection products. The list should, together with permanent grasslands, cover 75 % of the utilised agricultural area at Union level. This list can be complemented by Member States with nationally relevant crops.
(8) The reference periods mentioned in Article 9(4) of Regulation (EU) 2022/2379 should be further specified.
(9) The coverage of the datasets may be reconsidered to include statistics on the use of plant protection products for seed and storage treatment as soon as deemed feasible from a technical point of view.
(10) To keep the statistics on plant protection products consistent with regular updates of the list of approved active substances, they need to be aligned with Commission Implementing Regulation (EU) No 540/2011 (2).
(11) Statistics on plant protection products are needed to monitor the Common Agricultural Policy and the relevant policies supporting the sustainable use of plant protection products, such as the Sustainable Development Goals and the Green Deal, and their related targets.
(12) The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee as established by Article 7 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (3).
HAS ADOPTED THIS REGULATION:

Article 1

Data requirements

(1)   Member States shall provide data on the domain of statistics on plant protection products referred to in Article 5(1), point (e) of Regulation (EU) 2022/2379, in the form of aggregated datasets.
(2)   The statistics shall cover:
(a) all the active substances as specified in points (i) and (ii) of this Article and contained in the plant protection products placed on the market within the meaning of Article 3, point 9 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (4), including those placed on the market under a parallel trade permit as referred to in Article 52 of that Regulation:
(i) the active substances listed in Implementing Regulation (EU) No 540/2011;
(ii) the active substances contained in plant protection products placed on the market under emergency situations referred to in Article 53 of Regulation (EC) No 1107/2009, other than those referred to in point (i), and irrespective of their approval status;
(b) the use of the active substances referred to in point (a) by professional users in agriculture.
(3)   The data shall be transmitted to the Commission (Eurostat) at national level.

Article 2

Datasets

(1)   The data contents of the datasets are specified in Annex I for the detailed topics:
(1) Plant protection products placed on the market;
(2) Use of plant protection products in agriculture.
(2)   For each dataset, Section I in Annex I specifies:
(1) a description of the data contents;
(2) the variables to be provided on organic production;
(3) the deadlines for transmission of the data to the Commission (Eurostat);
(4) the reference periods;
(5) the measurement units.
(3)   For each dataset, Section II in Annex I specifies, where appropriate:
(1) a description of the measurement units;
(2) possible technical requirements related to the variables.

Article 3

Quality requirements

When data collections are carried out based on statistical samples, Member States shall ensure that the weighted results are representative for the statistical population within the relevant geographical unit. Where precision requirements are not applicable, for example due to sources other than statistical surveys, the quality of the statistics shall be ensured by other means so that they are representative of the scope that they describe, and they shall meet the quality criteria laid down in Article 12(1) of Regulation (EC) No 223/2009.

Article 4

Classifications

The active substances referred to in Article 1(2) shall be reported using the classification set out in Annex II.

Article 5

Descriptions

For the purposes of this Regulation, the descriptions of terms as set out in Annex III shall apply.

Article 6

Transitional regime

The provisions of this Regulation shall apply for the reference periods 2025-2027. The rules of the transitional regime set up in Article 14(1) of Regulation (EU) 2022/2379 for the period 2025-2027 shall apply only to data on the detailed topic of use of plant protection products in agriculture.

Article 7

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union
.
It shall apply from 1 January 2025.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1)  
OJ L 315, 7.12.2022, p. 1
.
(2)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (
OJ L 153, 11.6.2011, p. 1
).
(3)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (
OJ L 87, 31.3.2009, p. 164
).
(4)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (
OJ L 309, 24.11.2009, p. 1
).

ANNEX I

DATA SET 1

Plant protection products placed on the market

Domain:

e.

Statistics on plant protection products

Topic:

i.

Plant protection products

Detailed topic:

i.1

Plant protection products placed on the market

SECTION I

Data content

The data shall cover all active substances in all plant protection products placed on the market in the Member States during the reference period, including those that are placed on the market under a parallel trade permit (1) and/or under emergency authorisations (2).

Plant protection product categories

Deadline

31 December year N+1

Active substances in plant protection products placed on the market, total

Q

N
:
The year the data refer to
Q
:
Quantity of active substances placed on the market (kg)
Reference period
:
Calendar year
Periodicity
:
Annual
Geographical level
:
National

SECTION II

Description of the measurement units

Quantity of active substances:
refers to the quantity of active substances in the plant protection products placed on the market, as defined in Article 1(2)(a).

Technical requirements related to the variables

The data described in the table above shall be transmitted: by single active substance, by chemical classes, by categories of products and by major groups, as shown in Annex II.

DATA SET 2

Use of plant protection products in agriculture

Domain:

e.

Statistics on plant protection products

Topic:

i.

Plant protection products

Detailed topic:

i.2

Use of plant protection products in agriculture

SECTION I

Data content

The data shall cover the crop areas for the common list of crops, on agricultural holdings in the Member States, treated with plant protection products and the quantities of all active substances used during the reference period, including those used under emergency authorisations (3).

Crop characteristics

Deadline

31 December year N+1

Area treated

Quantity of active substance

Common wheat and spelt

NAT, OAT

NQS, OQS

Durum wheat

NAT, OAT

NQS, OQS

Barley

NAT, OAT

NQS, OQS

Grain maize and corn-cob-mix

NAT, OAT

NQS, OQS

Green maize

NAT, OAT

NQS, OQS

Rape and turnip rape seeds

NAT, OAT

NQS, OQS

Sunflower seed

NAT, OAT

NQS, OQS

Potatoes (including seed potatoes)

NAT, OAT

NQS, OQS

Sugar beet (excluding seed)

NAT, OAT

NQS, OQS

Apples

NAT, OAT

NQS, OQS

Grapes for wine

NAT, OAT

NQS, OQS

Grapes for table use

NAT, OAT

NQS, OQS

Oranges

NAT, OAT

NQS, OQS

Olives

NAT, OAT

NQS, OQS

Cabbages

NAT, OAT

NQS, OQS

Carrots

NAT, OAT

NQS, OQS

Onions

NAT, OAT

NQS, OQS

Tomatoes outdoor

NAT, OAT

NQS, OQS

Tomatoes under glass or high accessible cover

NAT, OAT

NQS, OQS

Strawberries outdoor

NAT, OAT

NQS, OQS

Strawberries under glass or high accessible cover

NAT, OAT

NQS, OQS

N
:
The year the data refer to
NAT
:
Non-organic area treated (ha)
OAT
:
Organic area (area under conversion and certified area) treated (ha)
NQS
:
Quantity of all active substances used on non-organic area (kg)
OQS
:
Quantity of all active substances used on organic area (area under conversion and certified area) (kg)
Reference period
:
Harvest year
Periodicity
:
2026
Geographical level
:
National

SECTION II

Description of the measurement units

Area treated
(ha): refers to the physical area of the crop to be harvested, in the harvest year, treated at least once during the reference period with a given active substance classified as shown in Annex II, independently of the number of applications.
Non-organic area treated
(ha): refers to area treated, excluding areas certified organic or under conversion.
Organic area treated
(ha): refers to the area treated that is certified organic or under conversion according to Regulation (EU) 2018/848 of the European Parliament and of the Council (4).
Quantity of active substance
(kg): refers to the amount of each of the active substances, as defined in Article 1(2)(a), classified as shown in Annex II, used on the crop during the reference period.
Quantity used on non-organic area
(kg): refers to the amount of active substances, used on crops harvested from non-organic areas.
Quantity used on organic area
(kg): refers to the amount of active substances used on crops from organic areas (certified organic or under conversion).

Technical requirements related to the variables

The data described in the table above shall be transmitted: by single active substance, by chemical classes, by categories of products and by major groups, as shown in Annex II.
The data shall cover all active substances in all plant protection products used in the Member States during the reference period, including those used under emergency authorisations. The data shall include all treatments from sowing/planting until end of harvest.
The data on area treated shall be collected in a manner allowing the area and quantity data by crop (without double-counting) to be also available at the level of aggregation in chemical classes, categories of products and major groups.
The data shall include all active substances in all plant protection products used on agricultural holdings (the use in storage facilities and for sowing seeds is excluded).
(1)  As defined in Article 52 of Regulation (EC) No 1107/2009.
(2)  As defined in Article 53 of Regulation (EC) No 1107/2009.
(3)  As defined in Article 53 of Regulation (EC) No 1107/2009.
(4)  Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (
OJ L 150, 14.6.2018, p. 1
).

ANNEX II

CLASSIFICATION OF ACTIVE SUBSTANCES INCLUDED IN THE PLANT PROTECTION PRODUCTS

Major groups

Categories of products

Chemical classes(1)

Total active substances in plant protection products

 

 

Fungicides and bactericides

 

 

 

Inorganic fungicides

 

 

 

Copper compounds

 

 

Inorganic sulphur

 

 

Other inorganic fungicides

 

Fungicides based on carbamates and dithiocarbamates

 

 

 

Carbanilate fungicides

 

 

Carbamate fungicides

 

 

Dithiocarbamate fungicides

 

 

Other fungicides based on carbamates and dithiocarbamates

 

Fungicides based on benzimidazoles

 

 

 

Benzimidazole fungicides

 

 

Other fungicides based on benzimidazoles

 

Fungicides based on imidazoles and triazoles

 

 

 

Conazole fungicides

 

 

Imidazole fungicides

 

 

Other fungicides based on imidazoles and triazoles

 

Fungicides based on morpholines

 

 

 

Morpholine fungicides

 

 

Other fungicides based on morpholines

 

Fungicides of microbiological or botanical origin

 

 

 

Microbiological fungicides

 

 

Botanical fungicides

 

 

Other fungicides of microbiological or botanical origin

 

Bactericides

 

 

 

Inorganic bactericides

 

 

Other bactericides

 

Other fungicides and bactericides

 

 

 

Aliphatic nitrogen fungicides

 

 

Amide fungicides

 

 

Anilide fungicides

 

 

Aromatic fungicides

 

 

Dicarboximide fungicides

 

 

Dinitroaniline fungicides

 

 

Dinitrophenol fungicides

 

 

Organophosphorus fungicides

 

 

Oxazole fungicides

 

 

Phenylpyrrole fungicides

 

 

Phthalimide fungicides

 

 

Pyrimidine fungicides

 

 

Quinoline fungicides

 

 

Quinone fungicides

 

 

Strobilurine fungicides

 

 

Urea fungicides

 

 

Unclassified fungicides

Herbicides, haulm destructors and moss killers

 

 

 

Herbicides based on phenoxy-phytohormones

 

 

 

Phenoxy herbicides

 

 

Other herbicides based on phenoxy-phytohormones

 

Herbicides based on triazines and triazinones

 

 

 

Triazine herbicides

 

 

Triazinone herbicides

 

 

Other herbicides based on triazines and triazinones

 

Herbicides based on amides and anilides

 

 

 

Amide herbicides

 

 

Anilide herbicides

 

 

Chloroacetanilide herbicides

 

 

Other herbicides based on amides and anilides

 

Herbicides based on carbamates and bis-carbamates

 

 

 

Bis-carbamate herbicides

 

 

Carbamate herbicides

 

 

Other herbicides based on carbamates and bis-carbamates

 

Herbicides based on dinitroaniline derivatives

 

 

 

Dinitroaniline herbicides

 

 

Other herbicides based on dinitroaniline derivatives

 

Herbicides based on derivatives of urea, of uracil or of sulfonylurea

 

 

 

Sulfonylurea herbicides

 

 

Uracil herbicides

 

 

Urea herbicides

 

 

Other herbicides based on derivatives of urea, of uracil or of sulfonylurea

 

Other herbicides

 

 

 

Aryloxyphenoxy-propionic herbicides

 

 

Benzofurane herbicides

 

 

Benzoic-acid herbicides

 

 

Bipyridylium herbicides

 

 

Cyclohexanedione herbicides

 

 

Diazine herbicides

 

 

Dicarboximide herbicides

 

 

Diphenyl ether herbicides

 

 

Imidazolinone herbicides

 

 

Inorganic herbicides

 

 

Isoxazole herbicides

 

 

Nitrile herbicides

 

 

Organophosphorus herbicides

 

 

Phenylpyrazole herbicides

 

 

Pyridazinone herbicides

 

 

Pyridinecarboxamide herbicides

 

 

Pyridinecarboxylic-acid herbicides

 

 

Pyridyloxyacetic-acid herbicides

 

 

Quinoline herbicides

 

 

Thiadiazine herbicides

 

 

Thiocarbamate herbicides

 

 

Triazole herbicides

 

 

Triazolinone herbicides

 

 

Triazolone herbicides

 

 

Triketone herbicides

 

 

Unclassified herbicides

Insecticides and acaricides

 

 

 

Insecticides based on pyrethroids

 

 

 

Pyrethroid insecticides

 

 

Other insecticides based on pyrethroids

 

Insecticides based on chlorinated hydrocarbons

 

 

 

Anthranilic diamide insecticides

 

 

Other insecticides based on chlorinated hydrocarbons

 

Insecticides based on carbamates and oxime-carbamate

 

 

 

Oxime-carbamate insecticides

 

 

Carbamate insecticides

 

 

Other insecticides based on carbamate and oxime-carbamate

 

Insecticides based on organophosphates

 

 

 

Organophosphorus insecticides

 

 

Other insecticides based on organophosphates

 

Insecticides of microbiological or botanical origin

 

 

 

Microbiological insecticides

 

 

Botanical insecticides

 

 

Other insecticides of microbiological or botanical origin

 

Acaricides

 

 

 

Pyrazole acaricides

 

 

Tetrazine acaricides

 

 

Other acaricides

 

Other insecticides

 

 

 

Insecticides produced by fermentation

 

 

Benzoylurea insecticides

 

 

Carbazate insecticides

 

 

Diazylhydrazine insecticides

 

 

Insect growth regulators

 

 

Nitroguanidine insecticides

 

 

Organotin insecticides

 

 

Oxadiazine insecticides

 

 

Phenyl-ether insecticides

 

 

Pyrazole (phenyl-) insecticides

 

 

Pyridine insecticides

 

 

Pyridylmethylamine insecticides

 

 

Sulfite ester insecticides

 

 

Tetronic acid insecticides

 

 

Insect attractants straight chain lepidopteran pheromones (sclps)

 

 

Other insect attractants

 

 

Unclassified insecticides-acaricides

Molluscicides

 

 

 

Molluscicides

 

 

 

Molluscicides

Plant growth regulators

 

 

 

Physiological plant growth regulators

 

 

 

Physiological plant growth regulators

 

 

Other physiological plant growth regulators

 

Anti-sprouting products

 

 

 

Anti-sprouting products

 

 

Other anti-sprouting products

 

Other plant growth regulators

 

 

 

Other plant growth regulators

Other plant protection products

 

 

 

Vegetal oils

 

 

 

Vegetal oils

 

Soil sterilants (incl. nematicides)

 

 

 

Methyl bromide

 

 

Biological nematicides

 

 

Organophosphorous nematicides

 

 

Other soil sterilants

 

Rodenticides

 

 

 

Rodenticides

 

All other plant protection products

 

 

 

Disinfectants

 

 

Repellents

 

 

Other plant protection products

(1)  Applies also for plant protection products of microbiological or botanical origins, for harmonisation purposes

ANNEX III

DESCRIPTIONS

A
plant protection product
is a product in the form in which it is supplied to the user, consisting of or containing active substances, safeners or synergists, and is intended for one of the uses described in Article 2(1) of Regulation (EC) No 1107/2009.
Active substances:
means active substances as referred to in Article 2(2) of Regulation (EC) No 1107/2009.
Placing on the market:
means placing on the market as defined in point 9 of Article 3 of Regulation (EC) No 1107/2009.
Crops:
means agricultural crops, as described in Commission Implementing Regulation (EU) 2023/1538 (1).
Classification of active substances included in the plant protection products:
aggregation of active substances by major groups, categories of products and chemical classes.
Harvest year:
The calendar year in which the harvest begins, including the period during which all preparatory measures (such as tilling, planting, and applying fertilisers and plant protection products) are taken to secure that harvest, also during the preceding calendar year.
(1)  Commission Implementing Regulation (EU) 2023/1538 of 25 July 2023 laying down rules for the application of Regulation (EU) 2022/2379 of the European Parliament and of the Council as regards crop production statistics (see page 40 or this OJ).
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