2018 No. 188
The Pesticides, Genetically Modified Organisms and Fertilisers (Miscellaneous Amendments) Regulations (Northern Ireland) 2018
Made
Coming into operation
The Department of Agriculture, Environment and Rural Affairs (“the Department”)1, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19722, 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—
- a
materials providing or intended to provide nutrients to plants3;
- b
measures in the veterinary and phytosanitary fields for the protection of public health4;
- c
the common agricultural policy of the European Union5;
- d
measures relating to the control and regulation of genetically modified organisms6;
- e
prevention, reduction and elimination of pollution of water7.
Citation, commencement and interpretationI11
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) 19548 applies to these Regulations as it applies to an Act of the Assembly.
Amendment of the Control of Pesticides Regulations (Northern Ireland) 1987I22
1
The Control of Pesticides Regulations (Northern Ireland) 19879 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 200410”.
Amendment of the Fertilisers Regulations (Northern Ireland) 1992I33
1
The Fertilisers Regulations (Northern Ireland) 199211 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,”.
Amendment of the Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations (Northern Ireland) 1996I44
1
The Genetically Modified Organisms (Risk Assessment) (Records and Exemptions) Regulations (Northern Ireland) 199612 are amended as follows.
2
In regulation 4 (Exemptions for requirements to carry out risk assessments)—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in sub-paragraph (2)(c) for “Council Regulation (EEC) No. 2309/93”, substitute “Regulation (EC) No 726/200413 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) 1027/201214”;
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 foods15”.
Amendment of the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003I55
1
The Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 200316 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-organisms17”;
c
“the Deliberate Release Directive”, at the end, add “as last amended by Commission Directive (EU) 2018/35018”;
d
“the Food and Feed Regulation”, at the end, add “as last amended by Regulation (EC) 298/200819”.
3
In regulation 15, (Exempt activities)
a
for paragraph (e), substitute—
e
a genetically modified organism authorised under Regulation (EC) No 726/200420 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) 1027/201221, 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 foods22”.
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 feed23”;
b
after “2002/55/EC”, add “as last amended by Commission Implementing Directive (EU) 2016/31724”.
Amendment of the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 2004I66
In the Protection of Water Against Agricultural Nitrate Pollution Regulations (Northern Ireland) 200425, in regulation 2, in the definition of “Action Programme”, at the end, add “as amended from time to time”.
Amendment of the Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 2005I77
In the Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 200526, 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 Council27”.
Amendment of the EC Fertilisers Regulations (Northern Ireland) 2006I88
1
The EC Fertilisers Regulations (Northern Ireland) 200628 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”.
Amendment of the Plant Protection Products Regulations (Northern Ireland) 2011I99
1
The Plant Protection Regulations (Northern Ireland) 201129 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”.
Amendment of the Nitrates Action Programme Regulations (Northern Ireland) 2014F1I1010
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2014F1I1111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Seed Marketing Regulations (Northern Ireland) 2016I1212
1
The Seed Marketing Regulations (Northern Ireland) 201632 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) 2018/35033”;
b
in sub-paragraph (b), at the end, add “as last amended by Regulation (EC) 298/200834”.
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 13 December 2018.
Dave FosterA senior officer of theDepartment of Agriculture, Environment and Rural Affairs(This note is not part of the Regulations)