Certificate of competence

The distribution and sale of Plant Protection Agents is only statutorily permitted to competent persons in possession of a Customer Competence Certificate.

Persons ordering a plant protection agent bearing the label: ʻCustomer Competence Certificate required’ confirm, that they are in possession of a ‘Customer Competence Certificate for the purchase of plant protection agents’. The customers are required to transmit a copy or a scan of the Certificate with their order to the email address: office@witasek.com. Until the documents are received by the Company: Witasek PflanzenSchutz GmbH (Inc.), the goods cannot be consigned.

Where can I acquire a Customer Competence Certificate?

There are two possibilities for obtaining a Customer Competence Certificate:

1st possibility: E-Learning Course on the ‘AGES Website’
2nd possibility: by attending a two-day training course held at the ‘Landwirtschaftskammer’ (Chamber of Agriculture). Should applicable technical training have been undertaken (at an Agricultural Technical Training College, etc.), then a Customer Competence Certificate will be issued separately by the Chamber of Agriculture on this basis, upon application, without having to attend the two-day training course.

Extract from the Austrian Federal Statutory Requirements of the ‘Pflanzenschutzmittelverordnung 2011’ (Plant Protection Agent Ordinance, 2011), in the version issued on 27.11.2015

Distribution, acquisition and storage

Art. 1.
(1) For the sale of Plant Protection Agents, sufficient sales personnel should be available, who are in possession of a ‘Certification’ (comp. Art. 3), to provide customers with suitable advisories for the use of plant protection agents, information on the risks for human health and for the ecological environment, as well safety information for the risk management aspect of the relative products. In any event, at least one person should be employed by the retailer, who is to be in possession of a ‘Certification’ (comp. Art. 3). Such a person must be present in the business during the opening- and business -hours when plant protection agents are offered for sale. The same rules apply for all branch retail outlets of the retailer.

(2) Plant protection agents, which are approved for professional use, may only be sold to professional users, who are in possession of a Certification required by Art. 5 of the Directive 2009/128/EC, concerning an action radius enacted by the European Communities for the sustainable use of pesticides, comp. Gazette ‘ABl. No.: L 309’ dated: 24.11.2009, Page 71.

(3) Furthermore, plant protection agents, which are approved for professional use, may be sold to either natural of legal persons, who have been issued with permits for the use and storage. In such cases, Austrian Federal law consolidates the situation, that purchasers are to be in possession of a Certification required by Art. 5 of the Directive 2009/128/EC. Such a sale is also permissible when the invoice is issued to a purchaser, provided the plant protection agent is actually transmitted to a natural person, who is in passion of a Certification required by Art. 5 of the Directive 2009/128/EC.

(4) Para. 1 is not applicable to druggists, retail trading under Art. 104 of the Austrian Federal ‘Gewerbeordnung 1994’ (Retail Trade Ordinance), as published in the Austrian Federal Legal Gazette ‘BGBl. No.: 194/1994’, last altered by the Austrian Federal Legal Gazette ‘BGBl. I No.: 34/2015, and also not to small retailers, who sell plant protection agents only to non-professional users. In this connection, small retailers are deemed those who sell not more than 200 kg volumes of plant protection agents in a calendar year. Such limits however also apply to each individual branch retail outlet of the same retailer. All retailers with more than five branch retail outlets should however employ one person in possession of a Certification required by Art. 3. All retailers with more than 20 branch retail outlets should also however employ one person in possession of a Certification required by Art. 3. Furthermore, retailers with more than five branch retail outlets are to introduce an internal training system.

(5) Distributors, who sell plant protection agents to non-professional users, are to provide customers with the information required under Art. 6 Abs. 3 of Directive 2009/128/EC concerning the risks associated with the use of plant protection agents for human health and for the ecological environment, in particular concerning the hazards, exposure, proper storage, proper handling, proper use and safe disposal, as well as alternatives with reduced risks. The authorities responsible for issuing approvals and permits for plant protection agents are to make available to distributors all relative information.

(Source: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007374)

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