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Report from the Sub-committee on Legislation

Contents

Preface
 
1. The sub-committee’s composition and mandate
 
2. The sub-committee’s conclusions
 
3. Problems
3.1 The sub-committee’s main task
3.2 Specific problems
 
4. Definitions
 
5. The rules of law - general
5.1 EU rules
5.1.1 The EU Treaty, Articles 30 and 36 on technical barriers to trade
5.1.2 The EU Treaty, Article 92 on state aid
5.1.3 The EU Treaty, Articles 9-12 and 95 on taxes on products
5.1.4 Article 100a(4) of the EU Treaty (the environmental guarantee)
5.1.5 Directive 91/414/EEC on plant protection products and directive 97/57/EC (the uniform principles)
5.1.6 Directive 67/548/EEC on classification, packaging and labelling of dangerous substances
5.1.7 Directive 78/631/EEC on classification, packaging and labelling of dangerous preparations (pesticides)
5.1.8 Directive 79/117/EEC concerning prohibition of the marketing and use of plant protection products containing certain active ingredients
5.1.9 Directive 75/440/EEC concerning the quality required of surface water intended for the abstraction of drinking water in the Member States and Directive 76/464/EEC on pollution caused by discharge of certain dangerous substances into the Community’s aquatic environment
5.1.10 Directive 80/68/EEC on protection of groundwater against pollution caused by certain dangerous substances
5.1.11 Directive 98/83/EC on the quality of drinking water
5.1.12 The Commission’s proposal for a directive on the framework for the Community’s water policy measures (the water framework directive)
5.1.13 Relationship between Directive 91/414/EEC and the directives in the field of chemicals and the aquatic environment
5.1.14 Directives on maximum limit values for pesticide residues on and in food products (Directive 76/895/EEC et al.)
5.2 WTO rules (World Trade Organisation)
5.2.1 Introduction
5.2.2 The system of WTO law
5.2.3 Basic GATT rules
5.2.4 WTO rules relating to regulation of plant protection products
5.2.5 The relationship between WTO law and EU law
5.2.6 WTO and state aid
5.3 The Danish Constitution, Section 73 on Right to Property, Expropriation
5.3.1 Section 73 of the Danish Constitution – general
5.3.2 Is there a case of intervention in "property"?
5.3.3 Is there a case of "cession"?
5.3.4 A Supreme Court judgment (the Buffer Zone case)
5.4 Act on Chemical Substances and Products
5.4.1 Coformulants
5.5 The precautionary principle
5.5.1 The Community’s environment policy
5.5.2 Content of the precautionary principle
5.5.3 Relationship with the rule of law
5.5.4 The proportionality principle
5.5.5 Legislation on the basis of the precautionary principle
5.5.6 The precautionary principle’s legal consequences for companies
5.5.7 Conclusion concerning the precautionary principle in EU law *
5.5.8 The precautionary principle in the Act on Chemical Substances and Products
 
6. Assessment of regulatory instruments
6.1 Regulation in the transitional period
6.1.1 Prohibition of sale of plant protection products
6.1.2 Prohibition of the use of plant protection products
6.1.3 Use of safety factors and fixing restrictions on use in connection with the authorisation of specific plant protection products
6.1.4 Labelling regulations
6.1.5 WTO law
6.1.6 Section 73 of the Danish Constitution
6.1.7 Conclusion concerning prohibition of sale and use in the transitional period
6.2 Prohibition of sale of specific plant protection products after the transitional period
6.2.1 Directive 91/414/EEC covers primarily (authorisation for) sale
6.2.2 Nature of the harmonisation
6.2.3 WTO rules affecting sales prohibitions
6.2.4 Section 73 of the Danish Constitution
6.2.5 Conclusion concerning prohibition of the sale of plant protection products authorised for sale in another Member State
6.2.6 Conclusion concerning prohibition of sale of plant protection products in connection with first-time authorisations
6.3 Prohibition of sale of plant protection products - general
6.4 Authorisation for sale on conditions that restrict the use
6.4.1 EU rules
6.4.2 WTO rules
6.4.3 Conclusion concerning conditions for authorisation for sale
6.5 Sales restrictions in the form of requirements concerning labelling on packaging
6.6 General conditions concerning placing on the market
6.7 General prohibition (total or partial) of the use of plant protection products
6.7.1 EU rules
6.7.2 WTO rules
6.7.3 Section 73 of the Danish Constitution
6.7.4 Conclusion concerning general prohibition of use
6.7.5 The EU's water directives as basis for a prohibition of use
6.8 Changing the authorisation scheme: safety factors
6.8.1 What are safety factors?
6.8.2 Safety factors in connection with the assessment of health effects
6.8.3 Safety factors in connection with the assessment of environmental impacts
6.8.4 Conclusion concerning changing safety factors
6.9 Changing the authorisation scheme: integrated control
6.10 Changing limit values for pesticide residues in food products
6.10.1 EU rules
6.10.2 WTO rules
6.10.3 Conclusion concerning pesticide residues in food products
6.11 Taxes on pesticides
6.11.1 Differentiated VAT
6.12 Quotas for use of plant protection products
6.13 Agreements with the agricultural industries
6.13.1 Agreements based on Section 10 of the Environmental Protection Act
6.13.2 Agreements that are not based on law
6.13.3 Agreements and EU law
6.13.4 Enforcement of agreements
6.14 Self-regulation
6.15 Education and training
 
7. Options
7.1 Options within current rules
7.1.1 Total prohibition of the placing of plant protection products on the market
7.1.2 Prohibition of the sale of specific plant protection products
7.1.3 Prohibition of use (total or partial)
7.1.4 Integrated control
7.1.5 Agreements with the agricultural industries
7.1.6 Marketing requirements (sales outlets etc.)
7.1.7 Requirements concerning education and training
7.1.8 Taxes and differentiated VAT
7.2 Changing EU rules
7.2.1 Community regulation of plant protection products
7.2.2 Environmental guarantee
7.2.3 Abolition of the obligation of mutual recognition
7.2.4 Changing the rules on mutual recognition
7.2.5 Subsidy schemes
7.2.6 Changing directives on pesticide residues in food products
7.2.7 Changing the EU Treaty

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