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What it regulates
This OSH selection covers professional qualifications, information for re-entering treated crops and protection during handling and treatments in workplaces. The decree also regulates agricultural and environmental policies not developed in this sheet.
Who it applies to
Articles 17–20, 35–41 and selected professional and protective requirements in articles 46–51, with training and planning annexes and transitional card rules. It does not cover every environmental obligation or authorise specific products.
Key provisions
From 26 November 2015, the corresponding card is required for professional users and sellers, except distributor personnel whose tasks do not include selling or handling. Regions could bring that date forward within their territory.
Article 17Basic, qualified, fumigator and aerial applicator levels correspond to different tasks and risks. The qualified level alone does not authorise fumigation or aerial application; course exemptions based on qualifications require the specified equivalence and do not remove every licensing condition.
Article 18The card is requested from the region of residence, is valid nationally and normally lasts ten years, unless withdrawn early. Initial and continuing training operate through the authorities and designated providers under article 19.
Article 20Observe the label’s re-entry interval and do not enter until crop parts that may contact people are dry. The person responsible communicates when and under what conditions re-entry is allowed; signs are required in the expressly defined cases.
Article 35Articles 36–39 and 41 establish precautions for mixing, loading, transport, cleaning and waste. Prevention assessment must cover exposure throughout these stages, not only during application; product instructions and restrictions remain decisive.
Article 36For professional non-agricultural uses, check advice, contract and work-plan requirements together with the exceptions and procedures under article 49. Treatment planning must support access control, warnings and coordination of people working in affected premises.
Article 49In spaces used by the public, the responsible person prevents third-party access during treatment and the necessary subsequent period; centres with vulnerable groups and professional spaces have specific conditions. Holding a card does not allow unrestricted choice of product, site and timing.
Article 50History and versions
Initial publication: 15/09/2012 · Initial entry into force: 16/09/2012
BOE-A-2012-11605Published on 15 September 2012 and effective from 16 September 2012. All twelve subsequent relationships in the general record are retained. The developed history is limited to the 2016 training transition and 2021 storage deletion; agricultural-record and environmental-planning reforms are not presented as new labour duties.
RD 71/2016 amends additional provision 3 and transitional provision 1.1; the latter preserves old cards until expiry, applicable from 1 January 2016.
BOE-A-2016-1738RD 285/2021 deletes article 40 and additional provision 3 and amends article 43.2.a, effective from 10 November 2021. Deletion of article 40 requires following the successor storage regime.
BOE-A-2021-7689Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 15/09/2012 | 16/09/2012 | BOE-A-2012-11605 | Article 17, Article 18, Article 19, Article 20, Article 35, Article 36, Article 37, Article 38, Article 39, Article 40, Article 41, Article 46, Article 47, Article 49, Article 50, Article 51, Transitional provision first, Annex IV, Annex V, Annex IX, Annex X |
| 20/02/2016 | 21/02/2016 | BOE-A-2016-1738 | Transitional provision first |
| 10/05/2021 | 10/11/2021 | BOE-A-2021-7689 | Article 40 |
Transitional provisions and application notes
Former article 40 on storage was deleted from 10 November 2021 by RD 285/2021. Visible historical paragraphs must not be presented as current rules; storage requirements must be checked in the replacement instrument and other applicable provisions.
Article 40Cards issued under the Order of 8 March 1994 retained validity until their stated expiry date under the amendment applicable from 1 January 2016. Renewal follows article 20 and the specified transition; no indefinite extension is presumed.
Transitional provision firstDrying does not remove a stricter label re-entry interval or other assessment-based measures. Training and a card do not replace collective protection, appropriate equipment or health surveillance where required.
Article 35
Official BOE legal relationships
This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.
Official BOE legal relationships
