EC Fertilisers Regulations (Northern Ireland) 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations which are made under section 2(2) of the European Communities Act 1972 implement in Northern Ireland Regulation (EC) No. 2003/2003 of the European Parliament and the Council relating to fertilisers (“the Community Regulation”).

The Regulations create offences for breaches by manufactures of the requirements of the Community Regulation regarding designation, compositional tolerances, identification, marking, labelling and packaging of fertilisers designated as EC fertilisers (regulations 3 to 8). The term “manufacturer” is defined in Article 2 of the Community Regulation.

Manufacturers are required to keep records described in Article 8 (regulation 9).

Regulation 10 provides the Department of Agriculture and Rural Development with the power to serve compliance notices.

The Department of Agriculture and Rural Development is responsible for enforcing the Regulations and appointing inspectors for that purpose (regulation 11) and powers of inspection and offences of obstruction of inspectors are contained in regulations 12, 13 and 14 respectively.

Regulation 15 makes provision for the authorisation of laboratories competent to analyse samples and regulation 16 relates to the taking and analysis of samples for the purpose of the Regulations.

Inspectors have powers to require remedial action to be taken regarding fertiliser designated as EC fertiliser in respect of which they think and offence under the Regulations is being committed, or to seize the fertiliser (regulation 17).

Regulation 18 provides the Department of Agriculture and Rural Development with a power to give directions for the mitigation or elimination of risk in circumstances where it has justifiable grounds for believing that an EC designated fertiliser, although complying with the requirements of the Community Regulation, constitutes a risk to safety or health of humans, animals or plants or a risk to the environment.

Penalties for offences under the Regulations are established by regulation 19.

Regulation 20 and 21 disapply the provisions of—

(a) Part IV of the Agriculture Act 1970 (1970 c.40);

(b) the Fertilisers Regulations (Northern Ireland) 1992 (S.R. 1992 No. 187 as amended); and

(c) the Fertilisers (Sampling and Analysis) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 513).

No regulatory impact assessment has been prepared in respect of these Regulations as they have no impact on the cost of business. A transposition note has been prepared copies of which can be obtained from Defra – Nutrient Management Unit, Area 5C, 9 Millbank, C/O 17 Smith Square, London SW1P 3JR. Email: [e-mail]. A copy has been placed in the library of each House of Parliament.