2003 No. 79
Plant Protection Products (Amendment) Regulations (Northern Ireland) 2003
Made
Coming into operation
The Department of Agriculture and Rural Development, being a Department designated1 for the purposes of section 2(2) of the European Communities Act 19722 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:
Citation, commencement and interpretationI11
1
These Regulations may be cited as the Plant Protection Products (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 7th April 2003.
2
The Interpretation Act (Northern Ireland) 19543 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Amendment of the Plant Protection Products Regulations (Northern Ireland) 1995I22
1
The Plant Protection Products Regulations (Northern Ireland) 19954 shall be amended in accordance with this regulation.
2
In regulation 2(1) the following definition shall be substituted for the definition of “the Directive” –
“the Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the market5, as amended by the instruments listed in Schedule AA1;
3
After paragraph (5) of regulation 7 the following paragraph shall be inserted –
5A
The Department may additionally allow a provisional approval to continue in effect for a product following the inclusion of an active substance contained in that product in Annex I by a Directive specified in column 1 of Schedule A1 –
a
in the case of a product that contains only one active substance, until either the date when a standard approval is granted for that product, or the date specified in column 3 of Schedule A1 in relation to that active substance, whichever is the earlier; or
b
in the case of a product that contains more than one active substance, until either the date when a standard approval is granted for that product, or the date specified in column 3 of Schedule A1 in relation to the later of the active substances in that product to be placed in Annex I, whichever is the earlier.
4
Regulation 27(3) shall be deleted.
5
Before Schedule 1 there shall be added the Schedules set out in the Schedule to these Regulations.
6
For paragraph 2(b) of Schedule 1 there shall be substituted –
b
Council Directive 1999/45/EC concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations6.
7
For paragraph 1(c) of Schedule 2 (labelling requirements) there shall be substituted –
c
the name and the amount of each active substance; the name must be –
i
the same as that listed in Annex I to the Council Directive 67/548/EEC7, if any;
ii
the common name given by the International Organisation for Standardisation8, if any; or
8
For paragraph 1(f) of Schedule 2 there shall be substituted –
f
the particulars required for the product in Articles 10 to 12 of Council Directive 1999/45/EC concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations and information on first aid;
RevocationI34
The Plant Protection Products (Amendment) (No. 3) Regulations (Northern Ireland) 200211 are hereby revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 17th February 2003.
I4SCHEDULE
SCHEDULE AA1INSTRUMENTS AMENDING COUNCIL DIRECTIVE 1991/414/EC
Instruments
Active substances added to Annex I
None
None
None
None
None
None
None
None
None
Commission Directive 2000/80/EC21;
Azimsulfuron, azoxystrobin, bentazone esfenvalerate, fluroxypyr, imazalil, kresoxim-methyl, lambda-cyhalothrin, metsulfuron-methyl, prohexadione-calcium, spiroxamine and triasulfuron
Commission Directive 2001/21/EC22;
Amitrole, diquat, pyridate and thiabendazole
Commission Directive 2001/28/EC23;
Fenhexamid
Commission Directive 2001/36/EC24;
None
Commission Directive 2001/47/EC25;
Paecilomyces fumosoroseus
Commission Directive 2001/49/EC26;
Flupyrsulfuron-methyl
Commission Directive 2001/87/EC27;
Acibenzolar-s-methyl, cyclanilide, ferric phosphate, pymetrozine and pyraflufen-ethyl
Commission Directive 2001/99/EC28;
Glyphosate and thifensulfuron-methyl
Commission Directive 2001/103/EC29;
2,4-dichlorophenoxy acetic acid
Commission Directive 2002/18/EC30;
Isoproturon
Commission Directive 2002/48/EC31;
Iprovalicarb, prosulfuron and sulfosulfuron
Commission Directive 2002/64/EC32;
Cinidon-ethyl, cyhalofop-butyl, famoxadone, florasulam, metalaxyl-M and picolinafen
Commission Directive 2002/81/EC33;
Flumioxazine
And as from 1 March 2003 amended by: Commission Directive 2002/37/EC34
Ethofumesate
SCHEDULE A1DATES FOR EXTENSIONS OF PROVISIONAL APPROVALS
Column 1
Column 2
Column 3
Implementing Directive or Decision
Active Substance
Date before which regulation 5 approvals must be granted
Commission Directive 2001/87/EC
Acibenzolar-s-methyl and pymetrozine
31st March 2003
Commission Directive 2002/48/EC
Prosulfuron and sulfosulfuron
31st December 2003
Commission Directive 2002/64/EC
Cinidon-ethyl, famoxadone, florasulam, metalaxyl-M and picolinafen
31st March 2004
(This note is not part of the Regulations.)
Sch. in operation at 7.4.2003, see reg. 1(1)