1. ------IND- 2018 0431 A-- EN- ------ 20180905 --- --- PROJET
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Act of ..........
amending the Carinthian Provincial Plant Protection Products Act
Act of 28 March 2019
amending the Carinthian Plant Protection Product Act

The Carinthian provincial parliament has decided the following:

Article I
Article I

Amendment to the Carinthian Provincial Plant Protection Products Act
The Carinthian Plant Protection Product Act, Provincial Law Gazette No 31/1991, last amended by Provincial Law Gazette No 71/2018, is amended as follows:

The Carinthian Provincial Plant Protection Products Act, Provincial Gazette No 31/1991, as amended by Provincial Gazette No 17/2014, is amended as follows:
1. In point k of § 3(1), the full stop is replaced by a semicolon and the following point l is added:

§ 3(1) reads as follows:
‘l) Non-professional user: any person who is not a professional user within the meaning of point e or an advisor within the meaning of point f.’

(1) In accordance with this Act, the following terms are defined thus:
2. § 5(1c) reads as follows:

Plant protection products: plant protection products as defined in Article 2 of Regulation (EU) No 1107/2009 concerning the placing of plant protection products on the market;
‘(1c) Non-professional users may use only those plant protection products that are authorised under the provisions regarding the placing on the market of plant protection products for use in domestic gardens and on allotments and

Low-risk plant protection products: plant protection products containing low-risk active substances, as defined in Article 47 of Regulation (EU) No 1107/2009 concerning the placing of plant protection products on the market. The active substances belong to the following categories only: micro-organisms, plant extracts and natural substances of animal, plant, mineral or microbiological origin, including synthetic substances that are completely identical to the natural substances;
1. low-risk plant protection products, as defined in Article 47 of Regulation (EU) No 1107/2009 regarding the placing on the market of plant protection products or

Integrated pest management: careful consideration of all available plant protection methods and subsequent integration of appropriate measures that discourage the development of populations of harmful organisms and keep the use of plant protection products and other forms of intervention to levels that are economically and ecologically justified and reduce or minimise risks to human health and the environment; integrated pest management emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems and encourages natural pest control mechanisms;
2. contain substances approved for organic farming pursuant to Annex II of Regulation (EU) No 889/2008 on organic production.’

Use of plant protection products: the use, application and spreading of plant protection products, as well as the utilisation, storage, stockpiling and in-house transport of plant protection products for application purposes;
3. § 12(1) reads as follows:

User: anyone who either uses the plant protection products themselves or is responsible for their use by others;
‘(1) The provincial government must monitor compliance with the provisions of §§ 5 to 11 and the ordinances issued pursuant to these provisions

Professional user: any person who uses plant protection products in the course of their professional activities, including operators, technicians, employers and self-employed people, in both agriculture and other sectors; it is irrelevant whether or not these activities are carried out for commercial purposes or with a view to making profit;
1. by professional users and authorised parties

Private user: anyone who does not meet the criteria for a professional user under (f);
2. by non-professional users where there is a justified suspicion that provisions of this Act or the ordinances issued in connection therewith have been violated,

Advisor: any person who has acquired adequate knowledge and advises on pest management and the safe use of plant protection products in the context of a professional capacity, including private self-employed and public advisory services;
but in any case in accordance with the provisions of Union law on the supervision of the use of plant protection products.’

Authorised party: user or any other person to which measures under this Act or the associated ordinances relate;
4. The following paragraph 5 shall be added after § 13a(4):

Plant protection equipment (application equipment for plant protection products): any apparatus specifically intended for the application of plant protection products, including accessories that are essential for the effective operation of such equipment, such as nozzles, manometers, filters, strainers and cleaning devices for tanks;
‘(5) Insofar as this Act refers to Regulation (EU) No 889/2008, this reference shall be to Commission Regulation (EU) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EU) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control, OJ L 250 of 18 September 2008, p. 1, as last amended by Commission Implementing Regulation (EU) 2018/1584 of 22 October 2018, OJ L 264 of 23 October 2018, p. 1.’

Risk indicator: the result of a method of calculation that is used to evaluate risks of plant protection products on human health and/or the environment;
Article II

Non-chemical methods: alternative methods to chemical pesticides for plant protection and pest management, based on agronomic techniques such as those referred to in point 1 of Annex III to Directive 2009/128/EC establishing a framework for Community action to achieve the sustainable use of pesticides, or physical, mechanical or biological pest control methods;
(1) This Act shall enter into force on the day following promulgation.

Surface water and groundwater: surface water and groundwater as defined in Article 2(1) and (2) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy.
(2) Plant protection products which are approved for use in domestic gardens and on allotments and which comply with the requirements of Article I(2) (§ 5 (1c)) may be used by non-professional users until 31 December 2019.

§ 5(1c) reads as follows:

‘(1c) Private users may use only low-risk plant protection products that are authorised in accordance with the provisions on the placing on the market of plant protection products for use in domestic gardens and allotment gardens.’
(3) This Act has been subjected to a notification procedure as defined by Directive (EU) 2015/1535 laying down a procedure for the provision of information in the field of standards and technical regulations (Notification No 2018/0431/A).