Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997
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PESTICIDES Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997
The Department of Agriculture, in exercise of the powers conferred on it by sections 16(2), 24(3) and 25(2) of the Food and Environment Protection Act 1985[1] and of every other power enabling it in that behalf, having regard to the interests of persons supplying information for the purposes of section 16 of that Act and after consultation with the Advisory Committee on Pesticides for Northern Ireland, established under section 16(7) of that Act[2] and in accordance with section 16(10) of that Act, with the Health and Safety Agency for Northern Ireland, hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the Control of Pesticides (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 9th December 1997. (2) The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
2. The Control of Pesticides Regulations (Northern Ireland) 1987[4] shall be amended in accordance with regulations 3 to 9.
"active ingredient" means a component of pesticide which fits it for use as a pesticide; "aerial application" means the application of a pesticide from an aircraft in flight; "approval" means an approval given by the Department under regulation 5 in relation to a pesticide; "the Department" means the Department of Agriculture for Northern Ireland; "full approval" has the meaning assigned to it in regulation 5(2)(c); "ground water" means any waters contained in underground strata; "organism" means any animal, plant, fungus or micro-organism capable of carrying on life processes; "provisional approval" has the meaning assigned to it in regulation 5(2)(b); "sell" includes offer or expose for sale or have in possession for the purpose of sale; "substance" means any chemical element or compound which occurs naturally or by manufacture and includes any impurity which results from the manufacturing process; "supply" includes offer to supply; "surface water" means estuarial and coastal waters and any lake, lough, pond, reservoir, river, stream or watercourse including the bottom, channel or bed of any lake, lough, pond, reservoir, river, stream or, as the case may be, watercourse which is for the time being dry." .
"Scope 3.—(1) Subject to the following provisions of this regulation, these Regulations apply to—
as if it were a pesticide. (2) These Regulations do not apply to—
when those substances, preparations or organisms are used or sold for the purpose over which control under that enactment is exercised;
(3) In this regulation— "disinfecting" means destroying micro-organisms other than bacterial spores; "metal working fluid" means any fluid used to facilitate the cutting, drilling, forming or machining of metal; "micropropagation" means the growth of plantlets from tissue culture or small parts of a plant in culture solution and under conditions which are sterile apart from the presence of the plant; "mycoplasma" means a genus of organisms which have a unit membrane without a rigid cell wall and are highly pleomorphic, having no independent form or spore stage in the life cycle; "novel food" has the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991; "paint" includes surface coatings; "placing on the market" and "plant protection product" have the same respective meanings as in the Plant Protection Products Regulations (Northern Ireland) 1995; "preparation" means a mixture or solution composed of two or more substances; "soil sterilant" means a product used for sterilising soil or compost; "sterilising" means destroying all micro-organisms including any bacterial spores." .
"Consents 6. The Department may give its consent to—
"Seizure or disposal of pesticides 7. Where there has been a breach, in relation to any pesticide, of any of the specified prohibitions imposed by regulation 4, any condition of an approval given under regulation 5 or any condition of a consent given under regulation 6, any Northern Ireland Department shall have the power—
"Release of information to the public 8.—(1) The Department may, at the request of any person, at such reasonable time and place as it may determine, make any evaluation held by it available to that person for inspection. (2) The Department may, at the request of any person, supply that person with a copy of any evaluation held by it on payment of such fee (which may not exceed the cost reasonably attributable to the supply) as the Department, with the consent of the Department of Finance and Personnel, may determine. (3) The Department may, at the request of any person to whom an evaluation has been made available for inspection under paragraph (1) or to whom a copy of an evaluation has been supplied under paragraph (2), at such reasonable time and place as it may determine, make available for inspection by that person any study reports held by it to which the evaluation relates. (4) A person to whom any information or document has been made available for inspection under paragraph (1) or (3), or to whom a copy of any information or document has been furnished under paragraph (2), shall not make any commercial use of it nor, unless authorised in writing by the Department to do so, publish any part of it. (5) In this regulation— "commercial use", in relation to any information or document, includes the use of that information or document in any manner whatsoever in connection with the manufacture, distribution, importation, advertisement, sale, supply, storage, use or export of any pesticide but does not include the use of that information or document for the purpose of books, journals or other publications with the written authorisation of the Department; "evaluation" means a written evaluation of study reports or other data examined in the course of an appraisal of the active ingredient of a pesticide leading to the giving of a full approval or provisional approval, the amendment of any conditions imposed in relation to any such approval, or the revocation of any such approval, in relation to that pesticide; "study reports" means study reports and any other data relating to an application for a full approval or provisional approval or the continuance of any such approval including the amendment of the conditions imposed in relation to any such approval. (6) This regulation is without prejudice to the provisions of the Environmental Information Regulations (Northern Ireland) 1993[13] and Article 14 of Council Directive 91/414/EEC concerning the placing of plant protection products on the market[14]." .
Notes: [1] 1985 c. 48; sections 16 and 25(2)(b) were amended by the Pesticides (Fees and Enforcement) Act 1989 c. 27 back [2] Established by S.R. 1987 No. 341 back [3] 1954 c. 33 (N.I.) back [4] S.R. 1987 No. 414 as amended by regulation 21(3) of the Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 (S.R. 1991 No. 203) back [7] S.I. 1991/762 (N.I. 7) back [9] S.R. 1994 No. 221 back [11] S.R. 1995 No. 371 amended by S.R. 1996 No. 456, which implements in Northern Ireland Council Directive 91/414/EEC concerning the placing of plant protection products on the market (O.J. No. L230, 19.8.1991, p. 1). In principle the prohibitions specified in regulation 3(1) and (2) (which provide that a person shall not place on the market and use any plant protection product within Northern Ireland unless that product has been approved under those Regulations) apply to all plant protection products but Schedule 3 to those Regulations contains transitional provisions whereby plant protection products containing active substances which were on the market of the member States of the European Community and other States of the European Economic Area on or before the dates specified in the definition of "old active substance" in regulation 2(1) of those Regulations do not become subject to the prohibitions specified in regulation 3(1) and (2) until it has been decided, under Article 6 of the Directive, whether the active substances concerned should, or should not, be included in Annex 1 to the Directive back [12] Regulation 9 prohibits the carrying out of any experiment or test for research or development purposes involving the release into the environment of a plant protection product which has not been approved under the Plant Protection Products Regulations unless an approval for trial purposes has been granted by the Department under that regulation; under regulation 3(4) a plant protection product which is so approved is exempted from the prohibitions specified in regulation 3(1) and (2) back [13] S.R. 1993 No. 45, which implements in Northern Ireland Council Directive 90/313/EEC on the freedom of access to information on the environment (O.J. No. L158, 23.6.90, p. 56); these Regulations provide for a general right of disclosure of information relating to the environment which is held by (inter alia) Government Departments (other than information capable of being treated as confidential) and specify certain requirements which must be observed in responding to requests for disclosure of such information back [14] O.J. No. L230, 19.8.1991, p. 1. Article 14 of the Directive obliges member States to treat as confidential any information involving industrial and commercial secrets provided in support of applications for authorisation of plant protection products under the Directive, where applicants for such authorisation so request and the member State accepts that the request is warranted, subject however to the second paragraph of that Article which removes from that protection all information of the types set out in that paragraph back |
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