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Plant Protection Products (Amendment) (No. 2) Regulations (Northern Ireland) 1997

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Plant Protection Products (Amendment) (No. 2) Regulations (Northern Ireland) 1997 and shall come into operation on 23rd December 1997.

(2) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

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

2.  The Plant Protection Products Regulations (Northern Ireland) 1995(2) shall be amended in accordance with regulations 3 to 5.

3.  In regulation 2(1) (Interpretation), in the definition of “the Directive” after sub-paragraph (g) there shall be inserted the following sub-paragraphs—

(h)Commission Directive 96/68/EC(3);

(i)Council Directive 97/57/EC(4)..

4.  At the end of paragraph 1 of Schedule 3 there shall be inserted the following paragraphs—

1A.  Notwithstanding paragraph 1 and subject to paragraphs 1B and 1C, regulations 1, 2 and 9 and (insofar as they relate to approvals granted under regulation 9) regulations 13(2) and (5) to (8), 14, 17 and 20 to 27 shall apply to a relevant plant protection product.

1B.  Regulation 9 shall not apply to a relevant plant protection product to which any of the exemptions provided in regulation 3(2)(a) to (c) and (e) to (i) of the 1987 Regulations applies.

1C.  Notwithstanding regulation 27(2), a pesticide approval in respect of a relevant plant protection product given in the form of an experimental permit under regulation 5(2)(a) of the 1987 Regulations which was in force on 23rd December 1997 shall continue to be subject to the 1987 Regulations and shall continue in force until the date of such expiry of approval or earlier revocation under those Regulations..

5.  For paragraph 8 of Schedule 3 there shall be substituted the following paragraph—

Interpretation

8.  For the purposes of this Schedule—

“approved pesticide” means a pesticide which is the subject of a pesticide approval;

“pesticide approval” means approval of a pesticide given under regulation 5 of the 1987 Regulations;

“pesticide approval holder” means any person who holds a current pesticide approval;

“relevant active substance” means an active substance contained in a relevant plant protection product which is an approved pesticide;

“relevant plant protection product” means any plant protection product—

(a)

which is a pesticide, or substance, preparation or organism prepared or used for any of the purposes mentioned in regulation 3(1)(b) of the 1987 Regulations; and

(b)

at least one of whose active ingredients is an old active substance; and

“active ingredient”, “advertisement”, “organism”, “pesticide”, “preparation”, “sale”, “storage”, “substance”, “supply” and “use” have the same meanings as in the 1987 Regulations..

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

L.S.

Liam McKibben

Assistant Secretary

21st November 1997.

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