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Report from the Sub-committee on Legislation
3. Problems
3.1 The sub-committees main task
According to the sub-committees mandate, its main task is to determine:
| whether there are rules of law that prevent implementation of Danish legislation or
other national regulation aimed at a total or partial phase-out of the use of pesticides
in agriculture, |
and, if there are,
| what initiatives can be taken to overcome the legal obstacles to a total or partial
phase-out of the use of pesticides in agriculture. |
The sub-committee has therefore assessed these questions in relation to the following
bodies of law:
| EU law |
| WTO law (World Trade Organisation) |
| The Danish Constitution, section 73 on Right to Property, Expropriation. |
3.2 Specific problems
The specific problems considered by the sub-committee include:
a. |
Prohibition (total or partial) of the sale of plant protection
products
(inter al. 6.1.1, 6.2, 6.3, 7.1.1, 7.1.2, 7.2.3 and 7.2.4) |
b. |
Prohibition (total or partial) of the use of plant protection
products
(inter al. 6.1.2 and 6.7) |
c. |
Tightening of the authorisation scheme for plant protection products
(inter al. 6.1.3, 6.8, 6.9 and 7.1.4) |
d. |
Tightening of requirements concerning marketing
(inter al. 6.6 and 7.1.6) |
e. |
Higher taxes on plant protection products / pesticides
(inter al. sections 6.11 and 7.1.8) |
f. |
Grants for production without plant protection products
(section 5.1.2) |
g. |
Agreements with the agricultural industries on reducing the use of
pesticides
(sections 6.13 and 7.1.5) |
h. |
Self-regulation in the agricultural industries with respect to the use of
pesticides
(section 6.14) |
i. |
Training as a condition for use of plant protection products
(sections 6.15 and 7.1.7) |
j. |
Lower limit values for pesticides in food products
(sections 6.10 and 7.2.6) |
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