Plant Protection Products Regulations (Northern Ireland) 2005

The Regulations continue to implement the provisions of the 1991 Directive described above by providing for the authorisation system in Northern Ireland under the operation of the Department of Agriculture and Rural Department (“the Department”). In the Regulations authorisations are described as approvals. The Regulations impose a prohibition on the placing on the market and use of plant protection products unless they have been approved by the Department under the Regulations and are placed on the market and used in accordance with any conditions or requirements specified in their approval (regulation 3(1) and (2)). Persons intending to place new active substances on the market must apply to the Department for such substances to be included in Annex I (regulation 3(3) and 4(1)).

Applications for standard, provisional and emergency approvals of plant protection products and applications for approval of plant protection products already authorised under the 1991 Directive for use in another EEA State are made to the Department by the persons responsible for first placing the products on the market in Northern Ireland (regulations 5 to 8, 11 and 13). Similarly, applications for approvals for trial purposes are made to the Department (regulation 9). The provisions of the 1991 Directive concerning extensions of the range of application of approved plant protection products and the provisions requiring the notification of potentially dangerous effects of approved plant protection products are respectively incorporated in regulations 10 and 14.

The data protection, information-sharing and confidentiality provisions derived from the 1991 Directive are set out in regulations 15, 16 and 17 and Schedule 2 and the provisions concerning the labelling and packaging of plant protection products are set out in regulations 18 and 19 and Schedule 3.

The Regulations confer enforcement powers on officers (who for specified purposes may be officers of district councils) authorised by any Northern Ireland Department, including powers to seize and dispose of plant protection products in the event of a breach of a prohibition, requirement or condition imposed by or under the Regulations, to enter on land and to effect certain other controls (regulations 20 and 24). The Regulations make such breaches a criminal offence (see regulations 3, 5, 7, 8, 9, 10, 11, 14, 16, 18 and 19), create certain other types of offence (regulation 21) and prescribe penalties and defences (regulations 22 and 23).

The transitional and consequential provisions (including those specifying the extent to which the Control of Pesticides Regulations (Northern Ireland) 1987 (S.R. 1987 No. 414) will continue to apply) are contained in regulations 26 and 27 and Schedule 4.

A list of competent authorities of the member States of the European Community, to whom certain information and documents are required under the Regulations to be forwarded, can be obtained from the Pesticides Safety Directorate, Room 308, Mallard House, Kings Pool, 3 Peasholme Green, York YO1 7PX or via the website www.pesticides.gov.uk.

Footnotes

Editorial notes