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New bill will allow drone spraying in agriculture

Soon in Bulgaria it will be possible to use drones for spraying pesticides and fertilizers in agriculture. This provides for a bill to amend the Plant Protection Act. Bulgaria is at the forefront of countries where such a law will be adopted.

The bill aims to align Bulgarian legislation with European regulations that regulate the requirements for placing on the market and production of plant protection products and fertilizing products. Also, the project addresses the issue of using unmanned aerial vehicles (drones) for agricultural activities related to plant protection and the use of plant protection products through these new technologies.

Part of the conditions for permitted drone spraying will be:

  • Certificate of conformity issued;
  • Shade temperature lower than or equal to 25° C;
  • Wind speed from 1 to 5 m/s;
  • Air humidity higher than 50 percent, etc.
Нов законопроект ще разреши пръскането с дронове в земеделието

The height from which plant protection products are spread is many times smaller in the case of the drone, than in the case of aerial spraying, which is carried out by plane or helicopter. This, in turn, significantly reduces the drift of the drone jet, respectively reduces both the amount of plant protection products needed to achieve an optimal result, and also the possibility of pesticides falling outside the areas designated for treatment, i.e. in bordering territories, water basins, forests, etc.

Using drones to spray pesticides and fertilizers will have a number of benefits for farmers and the environment. Drones will allow for more precise and efficient application of preparations, which will lead to a reduction in costs, an increase in yields and preservation of soil fertility. Drones will also help reduce the effects of pesticide use on human and animal health, as well as reduce water and air pollution.

The draft law to amend and supplement the Plant Protection Act is open for public discussion until March 15, 2024. All interested parties can express their opinion and give their suggestions on the draft law.

Motives

The proposed regulatory changes are aimed at solving a major problem related to the possibility of using unmanned aerial vehicles (drones) for activities in agriculture related to plant protection and the use of plant protection preparations through the use of these new technologies.

The Plant Protection Act (PPA) regulates two types of spraying – aerial and ground. Unmanned aerial vehicles (drones) cannot be assigned to either of these two types, which creates a gap in the existing legal framework regarding the use of plant protection products. Through these new technologies, a reduction of the harmful consequences of the use of pesticides is ensured and an opportunity to develop the so-called precision agriculture is provided, the ultimate goal of which is the use of the most sparing methods and technologies, allowing the achievement of plant protection goals and at the same time reducing the quantities of pesticides used, respectively their harmful effects.

The goals that the EU sets within the framework of the Green Deal are related to promoting precision agriculture and reducing the amount of plant protection products used. The use of drones to spray pesticides ensures that these goals are achieved. This is due to the extremely precise technology that is used for the purpose. A study carried out in late 2021 and funded by the European Commission, related to the evaluation of Directive 2009/128/EC and its possible revision, concluded that no derogation would be necessary for drone spraying, as well as any other kind spraying if the spraying tool is no more than 2 meters from the plant being treated. Unlike aerial spraying, for which European legislation has introduced a ban and left it to Member States to define the procedures for allowing exceptions to this ban, drone spraying has a number of advantages, namely:

  • The height from which plant protection products are sprayed is many times smaller with a drone than with aerial spraying, which is carried out by airplane or helicopter. This, in turn, significantly reduces the drift of the drone jet, respectively reduces both the amount of plant protection products needed to achieve an optimal result, and also the possibility of pesticides falling outside the areas designated for treatment, i.e. in bordering territories, water basins, forests, etc.
  • The technical characteristics and capabilities of drones intended for use in agriculture allow the treatment of only part of the plants (e.g. infected outbreaks), which helps to limit the areas on which pesticides are used and the rapid limitation of plant infections.
  • Compared to ground spraying, which is carried out up to about 1.5 meters above the plants, and when treating orchards sometimes up to 7 meters high, drone spraying allows optimal treatment of the plants from a distance of 2 meters above the treated plants, practically leveling them with spraying by ground agricultural equipment, but at the same time the pressure that the drone provides allows for a much more efficient spraying of all parts of the plant, including the lowest, and using smaller amounts of plant protection products, making the treatment with a drone many times more efficient and at the same time more sparing not only than aerial spraying, but also the ground one.
  • The advantages of using a drone to process plants and plant protection products are even more tangible when spraying fruit trees. In these crops, the ground spraying directs the jet upwards and in order to maximally treat all parts of the crown of the tree, it is necessary to create a much stronger jet, respectively the use of a larger amount of pesticides, which is very effectively avoided when using a drone. This is because of the precise technology used in the drones, such as the ability to recognize the crowns, allowing the jet to be precisely directed, hovering directly over the plants / trees, creating pressure that directs the jet where it is needed, namely into the crowns of the trees, limiting the unnecessary spreading of pesticides affecting neighboring territories.
  • Other advantages of spraying with a drone derive from the technical capabilities of the implemented technological solutions, ensuring a constant flying height of the drone, respectively spraying of the preparations for plant protection, which is preserved even when maneuvering. It is this precision of the technology and the possibility of creating topographical maps of the terrain, which allows, even when maneuvering, the drone not to leave the set area, which guarantees that pesticides will not be dispersed even on a minimal part of the border territories. Moreover, this precision of the technology allows the drone to follow the relief of the terrain and to specify the height according to the earth’s surface, which is extremely useful in rugged and hard-to-reach terrains, and even in them the height remains constant, considering the height of the plantations.
  • Last but not least, the zero harmful emissions when working with a drone should be taken into account. The electricity supply provides the necessary power, while at the same time the drone does not emit harmful emissions, which any other ground technique undoubtedly emits, as well as aerial spraying technique.

The use of drones to treat plants with plant protection products allows the spraying to be carried out during the dark part of the day, which in turn reduces many times the potential possibility of harmful effects on bees, since they are active during the light part of the day. This is another step towards protecting bee colonies, which are increasingly declining and affected by aerial and ground spraying, which can be carried out almost entirely only during daylight hours, when the bees are also active, increasing the risk of their adverse affect and poisoning.

Нов законопроект ще разреши пръскането с дронове в земеделието

The benefits of using a drone for spraying, instead of aerial and ground spraying, are also related to the conservation of water resources. On the one hand, because drones need significantly smaller amounts of water to achieve an optimal result, which, in addition to saving water, is also extremely effective and useful for areas with limited water resources, but also reduces the amount of water used, respectively polluted with pesticide water. In this way, watering and / or run-off of pesticide-contaminated water is also limited, which as a result can enter both groundwater and open water bodies and thus cause more large-scale pollution and poisoning of environment.

Last but not least, the use of drones in the activities discussed practically excludes the possibility of harmful effects on the people doing the spraying. This is achieved because this type of system is controlled remotely, including according to preset parameters, which excludes the need for the presence of people in the immediate vicinity of the treated areas, and thus completely excludes the possibility of plant protection products affecting people, governing these processes. Achieving such a limit is practically impossible, both in aerial and ground spraying, due to the need for direct human control of the rental equipment, airplanes and helicopters, which requires physical presence in the machine, respectively physical contact of the person with the created at “cloud” spraying – a stream of fine drops containing plant protection products.

It should be borne in mind that according to Art. 124 of the Plant Protection Act. The Council of Ministers approves a National Action Plan for the Sustainable Use of Pesticides, with a view to reducing the risks and impacts of their use on human health and the environment, and promotes the development and implementation of integrated pest management and alternative approaches or methods. In Art. 125, para. 3, item 2 of the EPA as an explicit measure to protect the aquatic environment (surface and underground water) and drinking water from the impact of pesticides, the priority of the most efficient application techniques such as the use of equipment for applying products for plant protection with limited spray application, in particular for crops such as hop plantations, orchards and vineyards. According to Art. 126, para. 1, item 1, letter “b” of the EPA in order to achieve sustainable use of pesticides, the Ministry of Agriculture and Food promotes the development and introduction of integrated pest management and alternative approaches and techniques.

With Decision No. 571/13.08.2020 of the Council of Ministers, an updated National Action Plan for sustainable use of pesticides in the Republic of Bulgaria was adopted. It states that in order to reduce dependence on pesticide use, two main goals are set, which include “Reducing the risks and impacts of pesticide use on human health and the environment, including protection of people’4 and “protection of residents and passers-by in areas where pesticides are used – by preventing and/or reducing the exposure of said persons to the impact of pesticides”4. In this regard, the National Plan recommends the use of ground equipment and the minimization of aerial spraying.

The proposed legislative changes achieve the fulfillment of these goals, as well as the provisions of the law governing the principle of development and introduction of innovative technologies in agriculture.

Preliminary action evaluation
Evaluation`s elements Argumentation
Legislative initiative basis In the current legislation, there is a gap regarding the use of plant protection products through new technologies, the ultimate goal of which is the use of the most sparing methods and technologies, allowing to achieve the goals of plant protection and at the same time reducing the amounts of pesticides used, respectively the harmful effects from them. The proposed regulatory changes create an order for the use of unmanned aerial vehicles (drones) as specialized machinery and equipment for the application of plant protection products, along with aerial and ground spraying. In this way, an opportunity is created to use these new and modern technologies, which have a number of advantages related to both their technical characteristics and capabilities, as well as their efficiency and low level of harmful impact. In a number of European countries, the potential of such smart technologies is already being used. As a result of such projects, the European Parliament, already at the beginning of 2019, paid attention to "the potential of using intelligent technologies and precision agriculture as a way to better spread plant protection preparations".
Interest groups
  • Farmers;
  • Persons who use plant protection products;
  • Professional users of plant protection products;
  • The Bulgarian Food Safety Agency.
Expenses-benefit analysis No additional financial resources are required for the implementation of the proposed changes.
The benefits are related to:
  • implementation of new technology, increasing the economic, social and ecological efficiency when applying plant protection products;
  • orientation of Bulgarian agriculture towards innovative and modern world trends;
  • approval of environmental protection processes.

Administrative weight and structural changes

With the adoption of the draft law, no administrative changes such as closure, merger or creation of new administrative structures are envisaged. No administrative changes such as closure, merger or creation of new administrative structures are required.
Normative base impact It is necessary to bring the bylaws into line with the law. No schanges to other laws are required.
Equal treatment by the state and balanced demographic development The proposed measures would not have an impact on equal treatment of citizens and demographic development in the Republic of Bulgaria.