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4. After regulation 1 (title, commencement and interpretation) there shall be inserted the following regulation:
1A.—(1) No person shall—
(a)designate as an EEC fertiliser any material intended for use as a fertiliser, or give any indication, directly or indirectly, that it is an EEC fertiliser, or
(b)sell or have in possession with a view to sale, for use as a fertiliser, any material so designated, or in respect of which any such indication is given,
unless any packaging, label or accompanying document by means of which the designation was effected or, as the case may be, the indication was given, was used before 1st January 1999.
(2) In relation to any material intended for use as a fertiliser, no designation of it as an EC fertiliser, or indication that it is such a fertiliser, shall, if permitted by regulation 2, be treated, for the purposes of paragraph (1) above, as any type of indication that the material is an EEC fertiliser.
(3) In paragraph (1) of this regulation, expressions also used in Article 2 of Directive 97/63/EC of the European Parliament and of the Council amending Directives 76/116/EEC, 80/876/EEC, 89/284/EEC and 89/530/EEC on the approximation of the laws of the Member States relating to fertilisers(1) shall be construed in accordance with that Article.”.
OJ No. L335, 6.12.97, p.15.
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