Plant Protection Products (Amendment) (No. 3) Regulations (Northern Ireland) 2002
S.R. 2002/289 · Made 17 September 2002
PESTICIDES
Made 17th September 2002
Coming into operation 22nd October 2002
The Department of Agriculture and Rural Development, being a Department designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2), and of every other power enabling it in that behalf, hereby makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
- f2
Contents
- 1Citation, commencement and interpretation
- 2Amendment of the Plant Protection Products Regulations (Northern Ireland) 1995
- 3Transitional arrangements for provisional approvals
- 4Revocation
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Plant Protection Products (Amendment) (No. 3) Regulations (Northern Ireland) 2002 and shall come into operation on 22nd October 2002.
The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2Amendment of the Plant Protection Products Regulations (Northern Ireland) 1995
Regulation 2(1) of the Plant Protection Products Regulations (Northern Ireland) 1995f1 shall be amended by substituting for the definition of “the Directive” the following definition –
““the Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the marketf2, as amended by –
- (a)
- (b)
- (c)
- (d)
- (e)
- (f)
- (g)
- (h)
- (i)
- (j)
Commission Directive 2000/80/ECf12;
- (k)
Commission Directive 2001/21/ECf13;
- (l)
Commission Directive 2001/28/ECf14;
- (m)
Commission Directive 2001/36/ECf15;
- (n)
Commission Directive 2001/47/ECf16;
- (o)
Commission Directive 2001/49/ECf17;
- (p)
Commission Directive 2001/87/ECf18;
- (q)
Commission Directive 2001/99/ECf19;
- (r)
Commission Directive 2001/103/ECf20;”.
On 1st January 2003 the definition of “the Directive” in those Regulations, as substituted by paragraph (1), shall be further amended by the addition of the following –
“(s)Commission Directive 2002/18/ECf21;”.
3Transitional arrangements for provisional approvals
The Plant Protection Products Regulations (Northern Ireland) 1995 shall be modified so that where there is an approval granted under regulation 7(1) (provisional approvals), or extended pursuant to regulation 7(5) –
the inclusion of the active substances acibenzolar-s-methyl and pymetrozine in Annex I to the Directive does not revoke any such approval in respect of any plant protection product containing either active substance, and that approval shall continue in effect until an approval is granted under regulation 5(1) (standard approvals), or 31st March 2003, whichever is the earlier;
the inclusion of the active substance flupyrsulfuron-methyl in Annex I to the Directive does not revoke any such approval in respect of any plant protection product containing that active substance, and that approval shall continue in effect until an approval is granted under regulation 5(1) (standard approvals), or 30th November 2002, whichever is the earlier; and
if the plant protection product contains any of the active substances mentioned in paragraph (a) or (b), together with another active substance not yet placed in Annex I to the Directive, such approval shall continue in effect unless revoked by the Department under regulation 13(5) (applications, reviews, revocations and modifications).
4Revocation
The Plant Protection Products (Amendment) (No. 2) Regulations (Northern Ireland) 2002f1 are hereby revoked.
Signature
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 17th September 2002.
L.S.
Liam McKibben
A senior officer of the
Department of Agriculture and Rural Development
Explanatory note
(This note is not part of the Regulations.)
These Regulations further amend the Plant Protection Products Regulations (Northern Ireland) 1995 (S.R. 1995 No. 371), as amended by S.R. 1997 No. 471, S.R. 1997 No. 507 and S.R. 2002 No. 125 (“the principal Regulations”) which implement in Northern Ireland Council Directive 91/414/EEC (O.J. No. L230, 19.8.91, p. 1 to be read with the Corrigenda published in O.J. No. L170, 25.6.92, p. 40) concerning the placing of plant protection products on the market (“the Directive”), as amended.
Regulation 2 amends the definition of the Directive in the principal Regulations so as to implement Commission Directives 2001/99/EC (O.J. No. L304, 21.11.2001, p. 14) (which adds the active substances glyphosate and thifensulfuron-methyl to Annex I of the Directive on the 1st July 2002), 2001/103/EC (O.J. No. L313, 30.11.2001, p. 37) (which adds 2,4-dichlorophenoxy acetic acid to the Annex on 1st October 2002) and 2002/18/EC (O.J. No. L55, 26.2.02, p. 29) (which adds, isoproturon to the Annex on 1st January 2003).
Transitional arrangements are included in regulation 3 to implement relevant saving provisions included in implementing Directives (2001/87/EC for acibenzolar-s-methyl or pymetrozine and 2001/49/EC for flupyrsulfuron-methyl) for the purpose of disapplying regulation 13(5)(a)(i) of the principal Regulations so that provisional approvals are not revoked following the inclusion of these active substances in Annex I to the Directive.
The Regulations revoke the Plant Protection Products (Amendment) (No. 2) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 125).