The Plant Protection Products (Sustainable Use) Regulations 2012

Made: 20th June 2012

Laid before Parliament: 27th June 2012

Coming into force in accordance with regulation 1

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union , measures in the veterinary and phytosanitary fields for the protection of public health , and in relation to the environment .

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972. It appears to the Secretary of State that it is expedient for references in these Regulations to Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides to be construed as including references to Annexes I to IV of that Directive as amended from time to time.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Plant Protection Products (Sustainable Use) Regulations 2012 and, subject to paragraph (2), come into force on 18th July 2012.

• (2) The following regulations come into force on the dates specified—

• (a) regulation 9 comes into force on 26th November 2015, except paragraph (4) which comes into force on 18th July 2012; and

• (b) regulation 13 comes into force on 26th November 2013.

• (3) Any amendment made by Schedule 5 has the same extent as that of the enactment to which it relates.

• (4) Any revocation made by regulation 32(3) has the same extent as the enactment to which it relates.

Interpretation

2

• (1) In these Regulations—

• “aerial spraying” means the application of plant protection products from an aircraft (plane or helicopter) and “aerial spray” shall be construed accordingly;

• “aerial spraying permit” means a permit issued by the appropriate United Kingdom competent authority authorising aerial spraying;

• “agriculture” includes—the production of any consumable produce which is grown for sale or for consumption or other use for the purposes of a trade or business or of any other undertaking (whether carried on for profit or not);dairy-farming;the use of land as grazing, meadow or pasture land or orchard or osier land or woodland or for market gardens or nursery grounds; andthe preparation and maintenance of land for any such uses;and “agricultural” shall be construed accordingly;

• “the appropriate United Kingdom competent authority” means—in relation to England ..., the Secretary of State; in relation to Wales, the Welsh Ministers; in relation to Scotland, the Scottish Ministers; andin relation to Northern Ireland, the Department;

• “authorised person” means a person authorised in accordance with regulation 20(1);

• “the Department” means the Department of Agriculture and Rural Development in Northern Ireland;

• ...

• “the Directive” means Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides , as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council , as read in accordance with Schedule A1, of which Annexes I to IV are as amended from time to time;

• “distributor” means any person who makes a plant protection product available on the market, including wholesalers, retailers, vendors and suppliers;

• “environment” means waters (including groundwaters, surface water, transitional waters, coastal waters and marine waters), sediment, soil, air, land, flora and fauna (indigenous or not), and any interrelationship between them, and any relationship with other living organisms;

• “groundwater” means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;

• “inspected” means inspected under a system implemented by a body designated pursuant to Article 8(6);

• “Ministers” means the Secretary of State, the Scottish Ministers or the Welsh Ministers;

• “plant protection product” has the same meaning as in Article 2(1) of Regulation 1107/2009 ;

• “plant protection product application equipment” means any apparatus specifically designed for the application of plant protection products, including accessories that are essential for the effective operation of such equipment, such as nozzles, manometers, filters, strainers and cleaning devices for tanks;

• “premises” includes any place and, in particular, includes—any vehicle, vessel, aircraft, hovercraft or marine structure; andany tent to moveable structure;

• “professional user” means any person who uses plant protection products in the course of their work activities, including operators, technicians, employers and self-employed people, both in the farming and other sectors and “professional use” shall be construed accordingly;

• “Regulation 1272/2008” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, as amended from time to time;

• “Regulation 1107/2009” means Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market , as last amended by Regulation (EU) 2019/1009 of the European Parliament and of the Council ;

• “specified certificate” means—a certificate of competence relating to plant protection products recognised by Ministers having been published in a list by Ministers before 18th July 2012, for the purposes of paragraph 4 or 5 of Schedule 2, or paragraphs 7 or 8 of Schedule 3, to the Control of Pesticides Regulations 1986 ;a certificate of competence relating to plant protection products recognised by the Department, having been published in a list by the Department before 18th July 2012 for the purposes of paragraph 4 or 5 of Schedule 2, or paragraphs 7 or 8 of Schedule 3, to the Control of Pesticides Regulations (Northern Ireland) 1987 ;a certificate of competence recognised by Ministers having been published in a list by Ministers before 18th July 2012, for the purposes of paragraph 3 or 4 of Schedule 2, or paragraph 7 or 8 of Schedule 3, to the Plant Protection Product (Basic Conditions) Regulations 1997 ;a certificate of competence recognised by the Department, having been published in a list by the Department before 18th July 2012, for the purposes of paragraph 3 or 4 of Schedule 2, or paragraph 7 or 8 of Schedule 3, to the Plant Protection Product (Basic Conditions) Regulations (Northern Ireland) 1997 ;a certificate that was deemed to be a “specified certificate” pursuant to regulation 31(3) and is included in a list referred to in regulation 5(11); ora certificate issued by a body that has been designated pursuant to regulation 5(2) and is included in a list referred to in regulation 5(11);

• “surface water” means—inland waters, except groundwater;transitional waters; andcoastal waters;

• “transitional waters” means bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows;

• “under supervision” means under the direct and personal supervision, and in the presence, of a person who holds a specified certificate, where such supervision is being provided for the purposes of training.

• (2) For the purposes of regulations 8, 9(7), 10(4)(b) and 31(1) and (2) “authorised” means authorised in accordance with Regulation 1107/2009.

• (3) In these Regulations any reference to an Article by number alone is to be construed as a reference to the Article so numbered in the Directive.

• (4) Expressions in the Directive shall have the same meaning in these Regulations as they have in the Directive except where a definition in this regulation ascribes a different meaning.

Review

3

• (1) The Secretary of State must from time to time—

• (a) carry out a review of regulations 2 and 4 to 32;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) The review shall relate to the operation of these Regulations as they have effect in relation to England ... only.

• (3) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive which is implemented by means of regulations 2 and 4 to 32 is implemented in other Member States.

• (4) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by those regulations;

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (5) The first report under this regulation must be published before the end of the period of five years beginning with 18th July 2012.

• (6) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

National Action Plan

4

The ... Ministers and the Department must jointly—

• (a) adopt a National Action Plan in accordance with Article 4 and revise it as necessary;

• (b) list plant protection product application equipment to which regulation 12(1) applies in the National Action Plan in accordance with Article 8(3)(a); and

• (c) describe in the National Action Plan, for the purposes of Article 14(4), how they will ensure that the general principles of integrated pest management as set out in Annex III to the Directive are to be implemented by all professional users by 1st January 2014.

Designation of authorities (training and certification)

5

• (1) The appropriate United Kingdom competent authority shall ensure, by 26th November 2013, that systems are established which enable distributors, advisors and professional users to have access to appropriate training by bodies deemed to be designated under paragraph (10) and to obtain certificates which, as a minimum, provide evidence of sufficient knowledge of the subjects listed in Annex I to the Directive either by undergoing training or by other means (“certification systems”).

• (2) Before 26th November 2016, for the purposes of Article 5(2), the appropriate United Kingdom competent authority must designate, by including their names on a list published by that authority, bodies responsible for the implementation of certification systems (“awarding bodies”) and that authority may update that list from time to time.

• (3) The appropriate United Kingdom competent authority may only designate an awarding body if—

• (a) the authority is satisfied that the body has the necessary capability to implement a certification system; and

• (b) its awards are accredited by a regulator in the United Kingdom or it is subject to independent review by a regulator in the United Kingdom.

• (4) An awarding body will no longer be designated if the appropriate United Kingdom competent authority removes its name from its published list of awarding bodies.

• (5) The appropriate United Kingdom competent authority may remove the name of an awarding body from its published list of awarding bodies if the awarding body no longer satisfies the criteria set out in paragraph (3).

• (6) A specified certificate provides evidence of sufficient knowledge of the subjects listed in Annex I to the Directive acquired by professional users, distributors and advisors either by undergoing training or by other means.

• (7) Where the holder of a specified certificate is convicted of an offence under these Regulations, under the Plant Protection Products Regulations 2011 , or under the Plant Protection Products Regulations (Northern Ireland) 2011 that certificate is deemed to be withdrawn immediately on receipt of a notice in writing notifying him or her of that fact served by the appropriate United Kingdom competent authority.

• (8) A person whose certificate is deemed to be withdrawn pursuant to paragraph (7) may, by satisfying the relevant criteria, obtain another certificate.

• (9) If the holder of a certificate deemed to be withdrawn pursuant to paragraph (7) successfully appeals against his or her conviction, his or her certificate is no longer deemed to be withdrawn.

• (10) For the purposes of Article 5(1), the bodies designated by awarding bodies are deemed to be those bodies that offer training on the subjects listed in Annex I to the Directive leading to an accredited award in relation to plant protection products.

• (11) Before 26th November 2013, the appropriate United Kingdom competent authority must publish a list of certificates, updated from time to time, that provide evidence of sufficient knowledge of the subjects listed in Annex I to the Directive acquired either by undergoing training or by other means.

• (12) In this regulation—

• “accredited award” means an award accredited by a regulator in the United Kingdom or an award that is offered by a body that is subject to independent review by a regulator in the United Kingdom;

• “advisor” means any person who has acquired adequate knowledge of and advises on pest management and the safe use of plant protection products, in the context of a professional capacity or commercial service, including private, self-employed and public advisory services, commercial agents, food producers and retailers where applicable;

• “awarding body” means a body responsible for implementing a certification system;

• “a regulator in the United Kingdom” means—in relation to England, ... the Office of Qualifications and Examinations Regulation;in relation to Wales, the Welsh Ministers or Qualifications Wales;in relation to Scotland, the Quality Assurance Agency (Scotland) or Qualifications Scotland;in relation to Northern Ireland, the Northern Ireland Council for Curriculum Examinations and Assessment or the Office of Qualifications and Examinations Regulation.

Designation of authorities (inspection of equipment in use)

6

• (1) For the purposes of Article 8(6), the appropriate United Kingdom competent authority must designate the bodies responsible for implementing inspection systems for plant protection product application equipment (“implementing bodies”) by including their names on a list published by that authority.

• (2) The appropriate United Kingdom competent authority must designate implementing bodies if it is of the opinion that those bodies implement inspection systems which comply with the requirements for inspections set out in Annex II to the Directive.

• (3) The appropriate United Kingdom competent authority may remove the name of an implementing body from its published list of implementing bodies if it is of the opinion that it no longer satisfies the criterion set out in paragraph (2).

• (4) Implementing bodies must keep a register of inspectors who carry out inspections of plant protection product application equipment, such inspections being carried out in order to ascertain whether such equipment meets the relevant requirements set out in Annex II to the Directive (“the register”).

• (5) Where an inspector on the register (“registered inspector”) is satisfied that plant protection product application equipment meets the relevant requirements listed in Annex II to the Directive, such equipment will pass inspection and “passed inspection” in this regulation shall be construed accordingly.

• (6) Implementing bodies must ensure that the systems implemented by them require registered inspectors to provide the owner or lessee of plant protection product application equipment that has passed inspection with an inspection certificate.

• (7) An inspection certificate issued by a registered inspector pursuant to paragraph (6), or by a body responsible for implementing inspection systems for plant protection product application equipment in another Member State is evidence that the plant protection product application equipment to which the certificate relates has passed inspection.

• (8) In this regulation, “inspection certificate” means evidence in writing that plant protection product application equipment has passed inspection.

Designation of authorities (aerial spraying)

7

• (1) For the purposes of Article 9, the appropriate United Kingdom competent authority is the competent authority for—

• (a) authorising aerial spraying;

• (b) establishing the specific conditions under which aerial spraying may be carried out;

• (c) examining requests pursuant to Article 9(4); and

• (d) making information public in accordance with Article 9(3).

• (2) For the purposes of Article 9(2)(d), the Civil Aviation Authority is the competent authority responsible for issuing certificates referred to in Schedule 2, paragraph (7)(e).

Requirements for specified certificates

8

• (1) No person shall use a plant protection product authorised for professional use unless they hold a specified certificate or work under supervision.

• (2) No person shall cause or permit any other person to use a plant protection product authorised for professional use unless the person using the product holds a specified certificate or works under supervision.

• (3) This regulation does not apply to any person who uses a plant protection product authorised for professional use if—

• (a) he or she was born on or before 31st December 1964; and