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The Pesticides, Genetically Modified Organisms and Fertilisers (Miscellaneous Amendments) Regulations (Northern Ireland) 2018

S.R. 2018/188 · Made 13 December 2018 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 6 January 2020.

Agriculture

Environmental Protection

Pesticides

Seeds

Made 13th December 2018

Coming into operation 7th January 2019

The Department of Agriculture, Environment and Rural Affairs (“the Department”)f1, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972f2, makes the following Regulations.

These Regulations make provision for a purpose mentioned in section 2(2) of that Act and it appears to the Department that it is expedient for references to the instruments specified in regulations 2, 6, 8, 9, 10 and 11 to be construed as references to those instruments as amended from time to time.

The Department is designated for the purposes of Section 2(2) of the European Communities Act 1972 in relation to—

  1. (a)

    materials providing or intended to provide nutrients to plantsf3;

  2. (b)

    measures in the veterinary and phytosanitary fields for the protection of public healthf4;

  3. (c)

    the common agricultural policy of the European Unionf5;

  4. (d)

    measures relating to the control and regulation of genetically modified organismsf6;

  5. (e)

    prevention, reduction and elimination of pollution of waterf7.

Annotations to the whole text

Footnotes

f1

Formerly the Department of Agriculture and Rural Development (DARD see Article 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I.1)). DARD was renamed the Department of Agriculture, Environment and Rural Affairs (DAERA) by Article 1(2) of the Departments Act (Northern Ireland) 2016 (2016 c.5 (N.I.)).

f2

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51) (the 2006 Act, section 27(1)(a) and the European union (Amendment) Act 2008 (c.7) (the 2008 Act), the Schedule Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28, and was amended by the 2008 Act, the Schedule Part 1. Section 2(2) and paragraph 1A of the Schedule 2 are prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act.

f3

S.I. 2001/3919.

f4

S.I. 1999/2027.

f5

S.I. 2000/2812.

f6

S.I. 1991/755.

f7

S.I. 1989/2393.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Control of Pesticides Regulations (Northern Ireland) 1987
  3. 3Amendment of the Fertilisers Regulations (Northern Ireland) 1992
  4. 4Amendment of the Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations (Northern Ireland) 1996
  5. 5Amendment of the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003
  6. 6Amendment of the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004
  7. 7Amendment of the Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 2005
  8. 8Amendment of the EC Fertilisers Regulations (Northern Ireland) 2006
  9. 9Amendment of the Plant Protection Products Regulations (Northern Ireland) 2011
  10. 10Amendment of the Nitrates Action Programme Regulations (Northern Ireland) 2014 Repealed
  11. 11Amendment of the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2014 Repealed
  12. 12Amendment of the Seed Marketing Regulations (Northern Ireland) 2016
  13. Signature
  14. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Pesticides, Genetically Modified Organisms and Fertilisers (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 and come into operation on 7 January 2019.

(2)

The Interpretation Act (Northern Ireland) 1954f1 applies to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Control of Pesticides Regulations (Northern Ireland) 1987I1

(1)

The Control of Pesticides Regulations (Northern Ireland) 1987f1 are amended as follows.

(2)

In regulation 2 (Interpretation), in the definition of “Regulation 1107/2009”, at the end add “as amended from time to time”.

(3)

In regulation 8(6), for “the Environmental Information Regulations (Northern Ireland) 1993”, substitute “the Environmental Information Regulations 2004f2”.

3Amendment of the Fertilisers Regulations (Northern Ireland) 1992I1

(1)

The Fertilisers Regulations (Northern Ireland) 1992f1 are amended as follows.

(2)

Omit regulations 1A and 2.

(3)

Before regulation 3, insert—

“Scope: “EC fertilisers”

2A.

These Regulations do not apply to fertilisers designated as “EC fertilisers”.”.

(4)

In regulation 3—

(a)

for the heading, substitute “Control of materials”;

(b)

renumber the existing regulation as paragraph (1) of regulation 3;

(c)

omit “, not being designated as an EEC fertiliser or EC fertiliser,”.

(5)

In regulation 3A—

(a)

renumber the existing regulation as paragraph (2) of regulation 3;

(b)

omit “, not being designated as an EEC fertiliser or EC fertiliser,”.

(6)

In regulation 4(4) and (5), omit “, not being designated as EEC fertilisers or EC fertilisers,”.

(7)

In the following regulations, omit “, not being designated as an EEC fertiliser or EC fertiliser,”—

(a)

regulation 7(b) and (c);

(b)

regulation 9(b) and (c).

(8)

In regulation 10 (Register of marks), in paragraph (1), at the beginning, omit “Except in the case of materials sold or offered for sale designated as EEC fertilisers or EC fertilisers,”.

(9)

Omit regulation 11 (Enforcement).

(10)

Schedule 1 (Prescribed descriptions of material, meanings of names, particulars and information to be contained in the statutory statement and limits of variation), is amended as follows—

(a)

in the following paragraphs, omit “, not being designated as EEC fertilisers or EC fertilisers,”—

(i)

paragraph 6;

(ii)

paragraph 7(a)(i) and (b);

(b)

in section B of the table, in column 4, in the table relating to nitrogen, in each place it occurs—

(i)

omit the column headed “EC fertiliser”;

(ii)

in the second column, for “Other than EEC fertiliser or EC fertiliser”, substitute “Fertiliser”;

(c)

in section C of the table, in group 2, in column (4), in each place they occur, omit—

(i)

“EC fertiliser”;

(ii)

“Other than EEC fertiliser or EC fertiliser”.

(11)

Schedule 2 (Manner of marking and labelling materials and fastening of packaged material), is amended as follows—

(a)

in Part I, in paragraph 1—

(i)

omit sub-paragraph (a);

(ii)

in sub-paragraph (i), omit the words from the beginning to “EC fertilisers,”;

(iii)

in sub-paragraph (k), omit “, sold or offered for sale as an EC fertiliser,”;

(b)

in Part II, in paragraph 2, omit the words from the beginning to “EC fertiliser,”.

4Amendment of the Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations (Northern Ireland) 1996I1

(1)

The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations (Northern Ireland) 1996f1 are amended as follows.

(2)

In regulation 4 (Exemptions for requirements to carry out risk assessments)—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in sub-paragraph (2)(c) for “Council Regulation (EEC) No. 2309/93”, substitute “Regulation (EC) No 726/2004f2 of the European Parliament and the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, as last amended by Regulation (EU) 1027/2012f3”;

(d)

in sub-paragraph (2)(e) for “Regulation (EC) No 258/97 of the European Parliament and of the Council”, substitute “Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foodsf4”.

5Amendment of the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003I1

(1)

The Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003f1 are amended as follows.

(2)

In regulation 2(1) (Interpretation), in the definitions of—

(a)

“approved product”, for “18(2) of the Deliberate Release Directive or Article 13(2) or (4) of the 1990 Directive”, substitute “18 of the Deliberate Release Directive”;

(b)

“Contained Use Directive”, for “Council Directive 90/219/EEC” to the end, substitute “Directive 2009/41/EC of the European Parliament and of the Council on the contained use of genetically modified micro-organismsf2”;

(c)

“the Deliberate Release Directive”, at the end, add “as last amended by Commission Directive (EU) 2018/350f3”;

(d)

“the Food and Feed Regulation”, at the end, add “as last amended by Regulation (EC) 298/2008f4”.

(3)

In regulation 15, (Exempt activities)

(a)

for paragraph (e), substitute—

“(e)

a genetically modified organism authorised under Regulation (EC) No 726/2004f5 of the European Parliament and the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, as last amended by Regulation (EU) 1027/2012f6, is marketed; or”;

(b)

in sub-paragraph (f), for “Council Regulation (EC) No. 258/97” to “Regulation 1882/2003”, substitute “Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foodsf7”.

(4)

In regulation 16 (Applications for consent to market), in paragraph (5), for “either the Deliberate Release Directive or the 1990 Directive”, substitute “the Deliberate Release Directive”.

(5)

Omit regulation 17.

(6)

In regulation 24 (Decisions by the Department on applications to market genetically modified organisms), in paragraph 5—

(a)

after “2002/53/EC”, insert “as last amended by Regulation (EC) 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feedf8”;

(b)

after “2002/55/EC”, add “as last amended by Commission Implementing Directive (EU) 2016/317f9”.

6Amendment of the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004I1

In the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004f1, in regulation 2, in the definition of “Action Programme”, at the end, add “as amended from time to time”.

7Amendment of the Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 2005I1

In the Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 2005f1, in regulation 2(1) (Interpretation), in the definition of “the Council Regulation”, at the end, add “as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Councilf2”.

8Amendment of the EC Fertilisers Regulations (Northern Ireland) 2006I1

(1)

The EC Fertilisers Regulations (Northern Ireland) 2006f1 are amended as follows—

(2)

In regulation 2 (Interpretation), in the definition of “the Community Regulation”, at the end, add “as amended from time to time”.

(3)

Omit regulation 15 (Competent laboratories).

(4)

In paragraph (c) of regulation 16 (Treatment of samples), for “33”, substitute “30”.

9Amendment of the Plant Protection Products Regulations (Northern Ireland) 2011I1

(1)

The Plant Protection Regulations (Northern Ireland) 2011f1 are amended as follows.

(2)

In regulation 2 (Interpretation), in the definition of “Regulation 1107/2009”, omit “of which Articles 30(3) and 52(4), and Annexes I to V of that Regulation are to be read”.

(3)

In regulation 16(c) (Labelling), after “on the market”, insert “as amended from time to time”.

10Amendment of the Nitrates Action Programme Regulations (Northern Ireland) 2014F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Amendment of the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2014F1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Amendment of the Seed Marketing Regulations (Northern Ireland) 2016I1

(1)

The Seed Marketing Regulations (Northern Ireland) 2016f1 are amended as follows.

(2)

In regulation 3(1), after paragraph (b), insert—

“(b1)

“European Single Market State” means an EEA state or Switzerland;”.

(3)

In regulation 8, and in schedules 3 and 4, for “member State”, in each place it occurs, substitute “European Single Market State”.

(4)

In Schedule 4, paragraph 13—

(a)

in sub-paragraph (a), after “(on the deliberate release into the environment of genetically modified organisms)”, insert “as last amended by Commission Directive (EU) 2018/350f2”;

(b)

in sub-paragraph (b), at the end, add “as last amended by Regulation (EC) 298/2008f3”.

Signature

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 13 December 2018.

L.S.

Dave Foster

A senior officer of the

Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations are made by the Department of Agriculture, Environment and Rural Affairs using powers under section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 (1972 c.68).

The Regulations make miscellaneous minor amendments to legislation relating to pesticides, fertilisers, seed marketing, nitrates and genetically modified organisms, updating out of date references. The purpose of these Regulations is to ensure that references are correct and, in particular, that the amended provisions will operate effectively on exit day.

An impact assessment has not been produced for these Regulations as they provide for technical correction and updating which does not involve any policy changes or impact on the private or voluntary sector.