Plant Protection Products (Fees) (Amendment) Regulations (Northern Ireland) 1997

Made: 20th May 1997

Coming into operation: 24th June 1997

The Department of Agriculture, in exercise of the powers conferred on it by section 56(1), (2) and (5) of the Finance Act 1973[^f00001] and Article 3(1), (2) and (4) of the Repayment of Fees and Charges (Northern Ireland) Order 1991[^f00002] and of every other power enabling it in that behalf and with the consent of the Department of Finance and Personnel, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Plant Protection Products (Fees) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 24th June 1997.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00003], shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Plant Protection Products (Fees) Regulations (Northern Ireland) 1995

2

For the Schedule to the Plant Protection Products (Fees) Regulations (Northern Ireland) 1995[^f00004] there shall be substituted the Schedule set out in the Schedule.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on

L. G. McKibben — Assistant Secretary — 20th May 1997.

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on

D. W. Thomson — Assistant Secretary — 20th May 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations replace the Schedule to the Plant Protection Products (Fees) Regulations (Northern Ireland) 1995 (“the Fees Regulations”) which prescribe fees to be paid to the Department of Agriculture, in connection with services provided and approvals granted by the Department in pursuance of the Community obligations of the United Kingdom (as regards Northern Ireland) under Council Directive 91/414/EEC, as amended, and supplement the Plant Protection Products Regulations (Northern Ireland) 1995, as amended by the Plant Protection Products (Amendment) Regulations (Northern Ireland) 1996, which implement the Directive in Northern Ireland.

These Regulations—

• (a) revise the amounts of the fees, to take account of inflation and other factors (the previous amounts are shown in parentheses and in italics in the right-hand column of the Schedule);

• (b) introduce a new fee structure for applications for approval for trial purposes;

• (c) add a further service in respect of which a fee is payable under the Fees Regulations, namely the preliminary examination and evaluation of an application for the official recognition of a test facility or organisation as required by points 2.2 and 2.3 of the introduction to Annex III to the Directive.

Footnotes

[^f00001]: 1973 c. 51

[^f00002]: S.I. 1991/764 (N.I. 8)

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.R. 1995 No. 372

[^f00005]: The figures in italics are the amounts of fees under these Regulations before the coming into operation of the Plant Protection Products (Fees) (Amendment) Regulations (Northern Ireland) 1997

[^f00006]: Points 2.2 and 2.3 of the introduction to Annex III to the Directive were inserted by Annex II to Commission Directive 93/71/EEC (O.J. No. L221, 31.8.93, p. 27). Point 2.2 requires that the tests and analyses required under points 6.2 to 6.7 of section 6 to Annex III (efficacy data) be conducted by official or officially recognised testing facilities or organisations satisfying the requirements set out in point 2.2. Point 2.3 sets out requirements regarding the provision of information to verify compliance and inspections.