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)

L 187/26 EN Official Journal of the European Union 26.7.2023 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. (1) OJ L 315, 7.12.2022, p. 1.26.7.2023 EN Official Journal of the European Union L 187/27 (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) 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).L 187/28 EN Official Journal of the European Union 26.7.2023 (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 2025.26.7.2023 EN Official Journal of the European Union L 187/29 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 LEYENL 187/30 EN Official Journal of the European Union 26.7.2023 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). Deadline Plant protection product categories 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 (1) As defined in Article 52 of Regulation (EC) No 1107/2009. (2) As defined in Article 53 of Regulation (EC) No 1107/2009.26.7.2023 EN Official Journal of the European Union L 187/31 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). Deadline Crop characteristics 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) (3) As defined in Article 53 of Regulation (EC) No 1107/2009.L 187/32 EN Official Journal of the European Union 26.7.2023 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). (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).26.7.2023 EN Official Journal of the European Union L 187/33 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 bactericidesL 187/34 EN Official Journal of the European Union 26.7.2023 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 herbicides26.7.2023 EN Official Journal of the European Union L 187/35 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 herbicidesL 187/36 EN Official Journal of the European Union 26.7.2023 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 origin26.7.2023 EN Official Journal of the European Union L 187/37 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 productsL 187/38 EN Official Journal of the European Union 26.7.2023 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 purposes26.7.2023 EN Official Journal of the European Union L 187/39 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).