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Ordinance amending the Pesticides Ordinance (2014:425)
Swedish Code of Statutes

Ordinance

amending the Pesticides Ordinance (2014:425)

Issued on 24 March 2021

With respect to the Pesticides Ordinance (2014:425), the Government lays down

that Chapter 2, §§ 11, 20, 37–39 and 40–43 shall be worded as follows,

that five new sections – Chapter 2, §§ 37a, 38a, 40a, 41a and 43a shall be inserted and worded as set out below.
that the current Chapter 3 § 11a, shall be designated Chapter 3, § 11b;

that Chapter 1 § 1, and Chapter 2 §§ 11, 12, 14, 20, 25, 37–39 and §§ 40–43 shall be worded as follows;

that the heading immediately preceding Chapter 3 § 11 shall read “Knowledge requirements and training for the use of biocidal products”;

that nine new sections, Chapter 2 §§ 37a, 38a, 40a, 41a and 43a and Chapter 3 §§ 11a, 13a, 14a and 18a, shall be inserted and worded as follows.

Chapter 1

§ 1 This Regulation includes provisions for the authorisation and use of pesticides in the form of plant protection products or biocidal products. This Ordinance is issued by virtue of

– Chapter 14 § 8 of the Environmental Code in respect of Chapter 2 §§ 4, 8, 9, 17–19, 21 and 22,

§ 23(1) and (2), §§ 24, 26 and 27, § 28(1), § 30, § 32(1), §§ 33–35a, § 36(1) and (2), § 37, § 37a(1), § 38(1) and (2), § 38a(1), §§ 39–42, § 43(1), § 43a(1), § 44(1), § 47(1), § 50–52, § 53(1), § 54, § 55(1), § 56, § 57(1), § 58(1) and (2), § 59(1), §§ 60–62 and § 63(1), Chapter 3 § 1(2), §§ 5, 7, 8, 11, 11b–13,

14, 15 and 17 § 18, first paragraph and first sentence of the second paragraph, § 19(1), § 20(1) and § 21, first sentence of the first paragraph and second paragraph as well as Chapter 4 §§ 1–14, §§ 16–27 and § 30, first sentence;

Chapter 14 § 13 of the Environmental Code in respect of Chapter 2 §§ 5, 10, 29, 30, 45 and 46;

Chapter 3 §§ 9 and 10 and Chapter 4 §§ 25, 28 and 29;

Chapter 8 § 11 of the Instrument of Government in respect of Chapter 2 §§ 14 and 25 and Chapter 3,

§§ 13a, 14a and 18a; and

Chapter 8 § 7 of the Instrument of Government with respect to other provisions.

SFS 2021:229

Published

25 March 2021

1

Chapter 2

§ 11    Users of plant protection products shall be provided with training providing sufficient knowledge of the subject areas listed in Annex I 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 a sustainable use of pesticides, in the original wording. The training shall be offered by

1. the Swedish Board of Agriculture, in terms of use

a) in agriculture, forestry, park management or horticulture,

b) on plots of land for residential buildings,

c) on school yards and yards for pre-schools,

d) on playgrounds that the public has access to,

e) in sports and leisure facilities,

f) during planning and construction work,

g) on road areas and embankments,

h) on gravel surfaces and other highly permeable surfaces, and

i) on surfaces of asphalt or concrete or other hardened materials,

2. the Public Health Agency of Sweden, in respect of use in and around warehouses or other storage facilities, and

3. the Swedish Work Environment Authority, with regard to other uses.

§ 20    Issues concerning permit of use according to § 18 or § 19 are examined by

1. the Swedish Board of Agriculture, in terms of use

a) in agriculture, forestry, park management or horticulture,

b) on plots of land for residential buildings,

c) on school yards and yards for pre-schools,

d) on playgrounds that the public has access to,

e) in sports and leisure facilities,

f) during planning and construction work,

g) on road areas and embankments,

h) on gravel surfaces and other highly permeable surfaces, and

i) on surfaces of asphalt or concrete or other hardened materials,

2. the Public Health Agency of Sweden, in respect of use in and around warehouses or other storage facilities, and

3. the Swedish Work Environment Authority, with regard to other uses.

§ 37    Plant protection products may not be used

1. on meadows or pastures which are not suitable for ploughing but can be used for mowing or grazing;

2. in school yards or yards to pre-schools and in playgrounds that the public has access to;

3. in parks or gardens or other areas which are primarily intended to be recreational areas that the public has access to;

4. in allotment garden areas or in greenhouses not used professionally;

5. on plots of land for residential buildings or on potted plants in a home garden environment, or

6. on plants indoors except in production premises, warehouses and the like.

§ 37a The Swedish Chemicals Agency may issue regulations on exemptions from the prohibitions in § 37(2–6) for active substances in plant protection products that are deemed to pose a limited risk to human health and the environment.
§ 11 Users of plant protection products shall be provided with training providing sufficient knowledge of the subject areas listed in Annex I 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 a sustainable use of pesticides, in the original wording. The training shall be offered by

1. the Swedish Board of Agriculture, in terms of use

in agriculture, forestry, park management or horticulture;

on plots of land for residential buildings;

on school yards and yards for pre-schools;

on playgrounds that the public has access to;

in sports and leisure facilities;

during planning and construction work;

on road areas and embankments;

on gravel surfaces and other highly permeable surfaces; and

on surfaces of asphalt or concrete or other hardened materials;

the Public Health Agency of Sweden, in respect of use in and around warehouses or other storage facilities, and

the Swedish Work Environment Authority, with regard to other uses.

§ 12 Training in accordance with § 11 shall consist of basic and further education and shall conclude with a proficiency test. The training shall be conducted in accordance with a syllabus decided by the central authority offering the training.

Before deciding on the course syllabus, the authority shall consult the Swedish Chemicals Agency and other relevant authorities.

§ 14 The Swedish Board of Agriculture, the Public Health Agency of Sweden, the Swedish Work Environment Authority and the Swedish Chemicals Agency may, within their respective areas of responsibility, issue regulations that the County Administrative Board shall offer the training referred to in §§ 11 and 13 and on how the County Administrative Board shall perform the training.

§ 20 Issues concerning permit of use according to § 18 or § 19 are examined by

1. the Swedish Board of Agriculture, in terms of use

in agriculture, forestry, park management or horticulture;

on plots of land for residential buildings;

on school yards and yards for pre-schools;

on playgrounds that the public has access to;

in sports and leisure facilities;

during planning and construction work;

on road areas and embankments;

on gravel surfaces and other highly permeable surfaces; and

on surfaces of asphalt or concrete or other hardened materials;

the Public Health Agency of Sweden, in respect of use in and around warehouses or other storage facilities, and

the Swedish Work Environment Authority, with regard to other uses.

§ 25 The Swedish Board of Agriculture, the Public Health Agency of Sweden and the Swedish Work Environment Authority may, within their respective areas of responsibility, issue regulations providing for permit and dispensation issues that, pursuant to §§ 20 or 24, are to be examined by the authority, shall instead be examined by the County Administrative Board.

SFS 2021:229

§ 37 Plant protection products may not be used

on meadows or pastures which are not suitable for ploughing but can be used for mowing or grazing;

on school yards or yards to pre-schools and in playgrounds that the public has access to;

in parks or gardens or other areas which are primarily intended to be recreational areas that the public has access to;

in allotment garden areas or in greenhouses not used professionally;

on plots of land for residential buildings or on potted plants in a home garden environment; or

on plants indoors except in production premises, warehouses and similar premises.

§ a The Swedish Chemicals Agency may issue regulations on exemptions from the prohibitions in § 37(2)–(6), for active substances in plant protection products that are deemed to pose a limited risk to human health and the environment.