24.11.2009 Official Journal of the European Union L 309/71 DIRECTIVES DIRECTIVE 2009/128/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (?), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1)  In line with Articles 2 and 7 of Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (%), a common legal framework for achieving a sustainable use of pesticides should be established, taking account of precautionary and preventive approaches. (2) At present, this Directive should apply to pesticides which are plant protection products. However, it is anticipated that the scope of this Directive will be extended to cover biocidal products. (3)  The measures provided for in this Directive should be complementary to, and not affect, measures laid down in () OJ C 161, 13.7.2007, p. 48. () O] C 146, 30.6.2007, p. 48. (®) Opinion of the European Parliament of 23 October 2007 (O] C 263 E, 16.10.2008, p. 158), Council Common Position of 19 May 2008 (O] C 254 E, 7.10.2008, p. 1) and Position of the European Parliament of 13 January 2009 (not yet published in the Official Journal). Council Decision of 24 September 2009. (9 OJ L 242, 10.9.2002, p. 1. other related Community legislation, in particular Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (°), Council Directive 92/43[EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (%), Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (), Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin (%) and Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 on the placing of plant protection products on the market (°). These measures should also not prejudice voluntary measures in the context of Regulations for Structural Funds or of Council  Regulation (EC) No  1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Devel- opment (EAFRD) (19). (4)  Economic instruments can play a crucial role in the achievement of objectives relating to the sustainable use of pesticides. The use of such instruments at the appro- priate level should therefore be encouraged while stressing that individual Member States can decide on their use without prejudice to the applicability of the State aid rules. (5)  National Action Plans aimed at setting quantitative objectives, targets, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment and at encouraging the development and introduction of integrated pest management and of alternative approaches or techniques in order to reduce dependency on the use of pesticides should be used by Member States in order to facilitate the implementation of this Directive. Member States should monitor the use of plant protection products containing active substances of particular concern and 5 L 103, 25.4.1979, p. 1. () 0 (9 OJ L 206, 22.7.1992, p. 7. () O] L 327, 22.12.2000, p. 1. (% OJ L 70, 16.3.2005, p. 1. (°) See page 1 of this Official Journal. 1 ) (19 OJ L 277, 21.10.2005, p. 1. (@) (@) (@) ) O