Statutory Rules of Northern Ireland
PESTICIDES
Made
25th March 2002
Coming into operation
15th April 2002
The Department of Agriculture and Rural Development, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) 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 all other powers enabling it in that behalf, hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Plant Protection Products (Amendment) (No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 15th April 2002.
(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2. Regulation 2(1) of the Plant Protection Products Regulations (Northern Ireland) 1995(4) shall be amended by substituting for the definition of “the Directive” the following definition—
““the Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the market(5), as amended by—
Commission Directive 2000/80/EC(15);
Commission Directive 2001/21/EC(16);
Commission Directive 2001/28/EC(17);
Commission Directive 2001/36/EC(18);
Commission Directive 2001/47/EC(19);
Commission Directive 2001/49/EC(20); and
Commission Directive 2001/87/EC(21).”.
3. The Plant Protection Products Regulations (Northern Ireland) 1995 shall be modified so that where there is an approval granted under regulation 7(1) (provisional approvals), or extended pursuant to regulation 7(5)—
(a)the inclusion of the active substances acibenzolar-s-methyl and pymetrozine in Annex I to the Directive shall not make it necessary to revoke any approval in respect of any plant protection products containing either or both those active substances, and where such approval expires it shall continue in effect as a provisional approval, until 31st March 2003;
(b)the inclusion of the active substance flupyrsulfuron-methyl in Annex I to the Directive shall not make it necessary to revoke any approval in respect of any plant protection products containing that active substance, and where such approval expires it shall continue in effect as a provisional approval, until 30th November 2002;
(c)the inclusion of the active substance fenhexamid in Annex I to the Directive shall not make it necessary to revoke any approval in respect of any plant protection products containing that active substance, and any such approval which has expired shall be deemed to have revived until 1st August 2002.
4. The Plant Protection Products (Amendment) Regulations (Northern Ireland) 2002(22) are hereby revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 25th March 2002.
L.S.
Liam McKibben
A senior officer of the
Department of Agriculture and Rural Development
(This note is not part of the Regulations.)
These Regulations further amend the Plant Protection Products Regulations (Northern Ireland) 1995 (S.R. 1995 No. 371), as amended by S.R. 1997 No. 471, S.R. 1997 No. 507 and S.R. 2002 No. 21 (“the principal Regulations”) which implement in Northern Ireland Council Directive 91/414/EEC (O.J. No. L230, 19.8.91, p. 1 to be read with the Corrigenda published in O.J. No. L170, 25.6.92, p. 40) concerning the placing of plant protection products on the market (“the Directive”), as amended.
These Regulations amend the definition of the Directive provided in the principal Regulations in consequence of Commission Directive 2001/87/EC (O.J. No. L276, 19.10.2001, p. 17) which adds acibenzolar-s-methyl, cyclanilide, ferric phosphate, pymetrozine and pyraflufen-ethyl to Annex I of the Directive.
Transitional arrangements are included in regulation 3 to implement saving provisions included in various implementing Directives with the purpose of disapplying regulation 13(5)(a)(i) of the principal Regulations. These allow for the continuation of provisional approvals containing the two active substances from Commission Directive 2001/87/EC (acibenzolar-s-methyl and pymetrozine), the active substance flupyrsulfuron-methyl from Commission Directive 2001/49/EC (O.J. No. L176, 29.6.2001, p. 61), and the active substance fenhexamid from Commission Directive 2001/28/EC (O.J. No. L113, 24.4.2001, p. 5) until replaced by a decision made on an application for a standard approval, subject to a longstop date.
The Regulations revoke the Plant Protection Products (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 21) which are consolidated in these Regulations.
S.R. 1995 No. 371, amended by S.R. 1997 Nos. 471 and 507 and S.R. 2002 No. 21 (S.R. 2002 No. 21 is revoked by the present Regulations)
O.J. No. L230, 19.8.91, p. 1 (to be read with Corrigenda published in O.J. No. L170, 25.6.92, p. 40)
O.J. No. L221, 31.8.93, p. 27 (to be read with Corrigenda published in O.J. No. L4, 6.1.96, p. 16)
O.J. No. L194, 29.7.94, p. 65
O.J. No. L354, 31.12.94, p. 16 (to be read with Corrigenda published in O.J. No. L280, 23.11.95, p. 58)
O.J. No. L172, 22.7.95, p. 6
O.J. No. L172, 22.7.95, p. 8
O.J. No. L65, 15.3.96, p. 20
O.J. No. L214, 23.8.96, p. 18
O.J. No. L277, 30.10.96, p. 25
O.J. No. L265, 27.9.97, p. 87
O.J. No. L309, 9.12.2000, p. 14
O.J. No. L69, 10.3.2001, p. 17
O.J. No. L113, 24.4.2001, p. 5
O.J. No. L164, 20.6.2001, p. 1
O.J. No. L175, 28.6.2001, p. 21
O.J. No. L176, 29.6.2001, p. 61
O.J. No. L276, 19.10.2001, p. 17