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Plant Protection Products Regulations (Northern Ireland) 2011

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Regulation 28(1)

SCHEDULE 3AMENDMENTS

This schedule has no associated Explanatory Memorandum
Regulations to be amendedRegulation and Schedules to be amendedAmendments to be made
(2)

OJ No. L309, 24.11.2009

The Control of Pesticides Regulations (Northern Ireland) 1987(1)Regulation 2(1)

After the definition of “provisional approval” insert—

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 and repealing Council Directives 79/117/EEC and 91/414/EEC;(2).

Regulation 3(2)(d)

Omit the words after

“any plant protection product”.

Regulation 3(3)

In the definition of “placing on the market” and “plant protection product” omit the words—

“placing on the market and” and for the definition of “plant protection product” substitute—

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

Regulation 8(6)

Omit the words following-

“the Environmental Information Regulations (Northern Ireland) 1993”.

The Plant Protection Products (Basic Conditions) Regulations (Northern Ireland) 1997(3)Regulation 2(1)

For the definition of “active substance” substitute –

“active substances” means substances, including micro-organisms having general or specific action against harmful organisms or on plants, parts of plants or plant products;.

Omit ““the Plant Protection Products Regulations” means the Plant Protection Products Regulations (Northern Ireland) 1995;”.

After the definition of “organism” insert—

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

For the definition of “prescribed plant protection product” substitute—

“prescribed plant protection product” means any plant protection product authorised or permitted in accordance with Regulation 1107/2009 or any plant protection product deemed to be authorised or permitted in accordance with that Regulation;.

After the definition of “prescribed plant protection product” insert—

“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 and repealing Council Directives 79/117/EEC and 91/414/EEC;.

Regulation 3Omit
Regulation 4(1)Omit
Regulation 5Omit
Regulation 6(1)Omit “which has been approved under the Plant Protection Product Regulations”.
Regulation 6(2)

For sub-paragraph (a) substitute –

“an approval, expiring at the end of the period for which the plant protection product has been authorised or permitted in accordance with Regulation 1107/2009 or, where a period of grace has been granted in relation to that authorisation or permission for the disposal, storage, placing on the market and use of existing stocks, at the end of such period;or”

Regulation 7Omit sub-paragraph (a).
Regulation 9Omit
Schedule 1Omit
Schedule 2 paragraph 1

For the words “the Plant Protection Products Regulations” substitute-

“Regulation 1107/2009”.

Schedule 2 paragraph 5For the words ““approval” means any approval given under the Plant Protection Products Regulations” substitute-““approval” means an authorisation of, or permission for, a plant protection product in accordance with Regulation 1107/2009 or an approval or permission deemed to be authorised or permitted in accordance with that Regulation and “approved” shall be construed accordingly;”.
Schedule 3 paragraph 1For the words “the Plant Protection Product Regulations” substitute—“Regulation 1107/2009”.
Schedule 3 paragraph 5Omit the entire paragraph.
Schedule 3 paragraph 10

Substitute—

“For the purpose of this Schedule “approval” means an authorisation of, or permission for, a plant protection product in accordance with Regulation 1107/2009 or an approval or permission deemed to be authorised or permitted in accordance with that Regulation and “approved” shall be construed accordingly.”.

Schedule 4 paragraph 6

For the definition of “approval” substitute – ““approval” means

an authorisation of, or permission for, a plant protection product in accordance with Regulation 1107/2009 or an approval or permission deemed to be authorised or permitted in accordance with that Regulation and “approved” shall be construed accordingly;”.

Biocidal Products Regulations (Northern Ireland) 2001(4)Regulation 3(3)Omit
Regulation 3(7)Omit
Schedule 2, paragraph (t)Substitute “Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.”
Schedule 12, paragraph (1)In the definition of “COPR biocidal product” for ““plant protection product” has the same meaning as in regulation 2(1) of the Plant Protection Product Regulations (Northern Ireland) 2005” substitute ““plant protection product” has the same meaning as in regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC;”.
Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 2003(5)Regulation 2

In the definition of “pesticide residue” for the words “as defined in point 1 of Article 2 of Council Directive 91/414EEC concerning the placing of plant protection products on the market” substitute

“which has the same meaning as in Article 2 (1) of Regulation (EC) No1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC and “residue” shall be read in accordance with Article 3(1) of that Regulation”.

The Environmental Liability (Prevention and Remediation) Regulations (Northern Ireland) 2009(6)Schedule 2, paragraph 6(c)

For the words “as defined in Article 2(1) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market” substitute—

“which has the same meaning as in Article 2(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.”.

Schedule 3, paragraph 8

For “the Plant Protection Products Regulations (Northern Ireland) 2005” substitute

“an authorisation of, or permission for, a plant protection product granted, or deemed to be granted, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of the plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC”.

Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009(7)Regulation 2 (1)

For the definition of “plant protection product” substitute

“plant protection product” has the same meaning as in Article 2(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC;.

Omit the definition of “the Plant Protection Product Regulations”.

Regulation 7(4)For the words “Without prejudice to paragraph 3 of Schedule 3 to the Plant Protection Products Regulations, indications,” substitute “Indications”.
Regulation 9(6)

Substitute

“In the case of a plant protection product authorised or permitted, or deemed to be authorised or permitted, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC or a product approved under the Control of Pesticides Regulations (Northern Ireland) 1987 which is not a plant protection product, the labelling information required by these Regulations shall be accompanied by the wording “To avoid risks to man and the environment, comply with the instructions for use”.”.

The Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009(8)Regulation 2(1)

For the definition of “plant protection product” substitute

“plant protection product” has the same meaning as in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

Omit the definition of “the Plant Protection Product Regulations”.

Regulation 7(4)

For the words “Without prejudice to paragraph 3 of Schedule 3 to the Plant Protection Products Regulations, indications,” substitute-

“Indictations”.

Regulation 9(6)

Substitute

“In the case of a plant protection product authorised or permitted, or deemed to be authorised or permitted in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC or a product approved under the Control of Pesticides Regulations (Northern Ireland) 1987 which is not a plant protection product, the labelling information required by these Regulations shall be accompanied by the wording “To avoid risks to man and the environment, comply with the instructions for use”.”.

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