S.I. No. 381/2006 — European Communities Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations, 2006

S.I. No. 381/2006 — European Communities Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations, 2006 2006 381

S.I. No. 381 of 2006

European Communities Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations, 2006

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving further effect to Council Directive No 91/414/EEC of 15 July 1991 ¹ and taking into account Commission Directive 93/71/EEC of 27 July 1993 ² , Commission Directive 94/37/EC of 22 July 1994 ³ , Commission Directive 94/43/EC of 27 July 1994 ⁴ , Commission Directive 94/79/EC of 21 December 1994 ⁵ , Commission directive 95/35/EC of 14 July 1995 ⁶ , Commission Directive 95/36/EC of 14 July 1995 ⁷ , Commission Directive 96/12/EC of 8 March 1996 ⁸ , Commission Directive 96/46/EC of 16 July 1996 ⁹ , Commission Directive 96/68/EC of 21 October 1996 ¹⁰ , Council Directive 97/57/EC of 22 September 1997 ¹¹ , Commission Directive 97/73/EC of 15 December 1997 ¹² , Commission Directive 98/47/EC of 25 June 1998 ¹³ , Commission Directive 99/1/EC of 21 January 1999 ¹⁴ , Commission Directive 99/73/EC of 19 July 1999 ¹⁵ , Commission Directive 1999/80/EC of 28 July 1999 ¹⁶ , Commission Directive 2000/10/EC of 1 March 2000 ¹⁷ , Commission Directive 2000/49/EC of 26 July 2000 ¹⁸ , Commission Directive 2000/50/EC of 26 July 2000 ¹⁹ , Commission Directive 2000/66/EC of 23 October 2000 ²⁰ , Commission Directive 2000/67/EC of 23 October 2000 ²¹ , Commission Directive 2000/68/EC of 23 October 2000 ²² , Commission Directive 2000/80/EC of 4 December 2000 ²³ , Commission Directive 2001/21/EC of 5 March 2001 ²⁴ , Commission Directive 2001/28/EC of 20 April 2001 ²⁵ , Commission Directive 2001/36/EC of 16 May 2001 ²⁶ , Commission Directive 2001/47/EC of 25 June 2001 ²⁷ , Commission Directive 2001/49/EC of 28 June 2001 ²⁸ , Commission Directive 2001/87/EC of 12 October 2001 ²⁹ , Commission Directive 2001/99/EC of 20 November 2001 ³⁰ , Commission Directive 2001/103/EC of 28 November 2001 ³¹ , Commission Directive 2002/18/EC of 22 February 2002 ³² , Commission Directive 2002/37/EC of 3 May 2002 ³³ , Commission Directive 2002/48/EC of 30 May 2002 ³⁴ , Commission Directive 2002/64/EC of 15 July 2002 ³⁵ , Commission Directive 2002/81/EC of 10 October 2002 ³⁶ , Commission Directive 2003/5/EC of 10 January 2003 ³⁷ , Commission Directive 2003/23/EC of 25 March 2003 ³⁸ , Commission Directive 2003/31/EC of 11 April 2003 ³⁹ , Council Regulation (EC) No 806/2003 of 14 April 2003 ⁴⁰ , Commission Directive 2003/39/EC of 15 May 2003 ⁴¹ , Commission Directive 2003/68/EC of 11 July 2003⁴² , Commission Directive 2003/70/EC of 17 July 2003 ⁴³ , Commission Directive 2003/79/EC of 13 August 2003 ⁴⁴ , Commission Directive 2003/81/EC of 5 September 2003 ⁴⁵ , Commission Directive 2003/82/EC of 11 September 2003 ⁴⁶ , Commission Directive 2003/84/EC of 25 September 2003 ⁴⁷ , Commission Directive 2003/112/EC of 1 December 2003 ⁴⁸ , Commission Directive 2003/119/EC of 5 December 2003 ⁴⁹ , Commission Directive 2004/20/EC of 2 March 2004 ⁵⁰ , Commission Directive 2004/30/EC of 10 March 2004 ⁵¹ , Commission Directive 2004/58/EC of 23 April 2004 ⁵² , Commission Directive 2004/60/EC of 23 April 2004 ⁵³ , Commission Directive 2004/62/EC of 26 April 2004 ⁵⁴ , Commission Directive 2004/63/EC of 26 April 2004 ⁵⁵ , Commission Directive 2004/64/EC of 26 April 2004 ⁵⁶ , Commission Directive 2004/65/EC of 26 April 2004 ⁵⁷ , Council Directive 2004/66/EC of 26 April 2004 ⁵⁸ , Commission Directive 2004/71/EC of 28 April 2004 ⁵⁹ , Commission Directive 2004/97/EC of 27 September 2004 ⁶⁰ Commission Directive 2004/99/EC of 1 October 2004 ⁶¹ , Commission Directive 2004/115/EC of 15 December 2004 ⁶² , Corrigendum to Commission Directive 2004/115/EC of 15 December 2004 ⁶³ , Commission Directive 2005/2/EC of 19 January 2005 ⁶⁴ , Commission Directive 2005/3/EC of 19 January 2005 ⁶⁵ , Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 ⁶⁶ , Council Directive 2005/25/EC of 14 March 2005 ⁶⁷ , Commission Directive 2005/34/EC of 17 May 2005 ⁶⁸ , Commission Directive 2005/53/EC of 16 September 2005 ⁶⁹ , Commission Directive 2005/54/EC of 19 September 2005 ⁷⁰ , Commission Directive 2005/57/EC of 21 September 2005 ⁷¹ , Commission Directive 2005/58/EC of 21 September 2005 ⁷² , Commission Directive 2005/72/EC of 21 October 2005 ⁷³ , Commission Directive 2006/5/EC of 17 January 2006 ⁷⁴ , Commission Directive 2006/6/EC⁷⁵ , Commission Directive 2006/10/EC of 27 January 2006 ⁷⁶ , Commission Directive 2006/16/EC of 7 February 2006 ⁷⁷ , Commission Directive 2006/19/EC of 14 February 2006 ⁷⁸ , Commission Directive 2006/39/EC of 12 April 2006 ⁷⁹ , Commission Directive 2006/45/EC of 16 May 2006⁸⁰ , hereby make the following Regulations:

Citation

1 These Regulations may be cited as the European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No 4) Regulations 2006.

2 The European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations 2003 ( S.I. No 83 of 2003 ) are amended, in Regulation 2 (1),

(1) by substituting for the definition “notified” (inserted by the European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 2) Regulations 2005 ( S.I. No. 224 of 2005 )) the following -

“ ‘notified’ in the case of a plant protection product on the market before 3 December 1985 means the package, including a label or container used with the package, and basic information as to the nature and composition of any such plant protection product on the market and as to the producer or the manufacturer of each plant protection product which has been submitted and approved under the Regulations of 2001, ,

‘notified’ in the case of an adjuvant for use with a plant protection product, a plant protection product containing a macro-organism, or a plant protection product containing only active substances listed in Annex I or Annex II of Commission Regulation (EC) No 1112/2002 of 20 June 2002 means -

(a) the package, including a label or container used with the package,

(b) basic documentation and information as to the nature and composition of any such adjuvant or plant protection product, and as to the producer or manufacturer of each such adjuvant or plant protection product, has been approved;”

and

(2) by inserting the following definitions -

“ ‘PCS number’ means the number allocated to a plant protection product on its inclusion in the register of plant protection products;

“premises” includes land (including land under water) with or without buildings, an establishment, a vehicle (including a boat, ship, hovercraft, aircraft or offshore installation (being an offshore installation within the meaning of the Safety, Health and Welfare (Offshore Installations) Act 1987 (No. 18 of 1987)), railway wagon, container or other thing used in connection with, or ancillary to, a thing aforesaid;

‘professional use’ in relation to a plant protection product means use for the purposes of commercial production of plants and plant products, for trade or business, or in the maintenance of commercial property, sports facilities, amenity areas, roads, waterways, or railways;”

3 The European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations 2003 ( S.I. No 83 of 2003 ) are amended by substituting for Regulation 6 the following -

“Use of plant protection products

6 (1) A person shall only use a plant protection product -

(a) in compliance with conditions established under Regulations 13, 15, 18 and 19 and stated on the label, as appropriate,

(b) in compliance with conditions established under Regulation 16, as appropriate,

(c) in the case of plant protection products on the market before these Regulations come into effect and pending their authorization in accordance with these Regulations, in compliance with the conditions specified on the labelling, approved following the granting of clearance, permission to market or accepted for their notification, as appropriate,

(d) in accordance with the principles of good plant protection practice, and

(e) where possible, in accordance with the principles of integrated control.

(2) Storage facilities maintained and operated by end users of plant protection products for professional use, shall from 1^st January 2007 shall satisfy at least the following requirements -

(a) the structure of the storage facility shall be such that -

(i) it is not connected to a pack-house or area where food products are present,

(ii) it is a dedicated chemical store and is not used for any purpose other than storage of plant protection and biocidal products and other chemicals,

(iii) it is enclosed and of sound construction,

(iv) it has a secure lock,

(v) in the case of walk-in stores, it is well ventilated,

(vi) it is well lit,

(vii) its construction is such that leakages or spillages are retained within the store,

(viii) shelving provided is made from non-absorbent materials, and

(ix) a warning sign is displayed on the entrance to the store;

(b) facilities that shall be available and used, as appropriate, shall include at least -

(i) a list of key emergency contact numbers displayed near the entrance of the store (e.g. doctor, fire service),

(ii) recommended protective clothing and equipment, clean and properly maintained,

(iii) a regularly calibrated weighing scales, designated and labelled for weighing plant protection products only,

(iv) measures for liquid plant protection products, designated and labelled for measuring plant protection products only, and

(v) facilities for soaking up small spillages or leakages (e.g. bucket of sand or peat); and

(i) powders shall be stored separately from or above liquids,

(ii) plant protection products shall only be stored in their original containers,

(iii) an appropriate area shall be used for measuring and mixing plant protection products,

(iv) only plant protection products included on the register of plant protection products may be acquired and stored.

(3) End users of plant protection products for professional use, shall maintain at least the following records which on request made shall be produced for inspection by an authorized officer -

(a) the name and address of the supplier of product and for each such product,

(i) the brand name of each product received,

(ii) the PCS number of each product received,

(iii) the pack size or sizes and quantities of each product received,

(iv) the quantity of each product received (kilograms or litres);

(b) for each product used or applied,

(i) the brand name of each product,

(ii) the PCS number of each product,

(iii) the date or dates of application of each product,

(iv) the crop and area treated with each product,

(v) the quantity of each product applied (kilograms or litres); and

(i) the name of the company to which returned or the name of the disposal company or organization,

(ii) the brand name of each product disposed of or returned,

(iii) the PCS number of each product disposed of or returned,

(iv) the date of return or disposal of each product,

(v) the quantity of each product disposed of or returned.

(4) Notwithstanding the requirements of paragraphs (2) and (3), end users of plant protection products intended for professional use, may on application made be exempted from some or all of the requirements specified in those paragraphs, where the Minister is satisfied that the quantities used are very small and the periods for which plant protection products are stored are very brief.”

4 The European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations 2003 ( S.I. No 83 of 2003 ) are amended by substituting for Regulation 31 the following -

“Search and inspections

31 (1) Subject to paragraph (2), an authorized officer may for the purpose of insuring that these Regulations are being complied with -

(a) at all reasonable times, enter any premises or a place where he or she has reason to believe there is a plant protection product or a controlled product and inspect and photograph the premises or place,

(b) require any person in charge of the premises or place or connected with any equipment or other device at that premises or place to produce to him or her any books, documents or records and in the case of such information in a non-legible form to reproduce it in permanent legible form relating to the plant protection product or controlled product and to give to him or her such information as he or she may reasonably require in relation to the plant protection product or controlled product,

(c) inspect and take copies of, photograph, or take extracts from, any such books, documents or records including in the case of information in a non-legible form a copy of or extract from such information in permanent legible form,

(d) there or at any other place, carry out such examinations, inspections or tests of the plant protection product or controlled product found on the premises or at the place as the officer considers appropriate and, if the officer so thinks fit, remove or have removed any plant protection product or controlled product, equipment or other device and retain it for a reasonable period to facilitate such examination, testing or inspection,

(e) examine and photograph any procedure connected with the manufacture, placing on the market, processing, storage, usage or transportation of a plant protection product,

(f) take, without payment, such samples of a plant protection product or of a controlled product or of any other substance as the officer may reasonably require and carry out or have carried out on such samples there or elsewhere such checks, analysis and inspections as he or she considers necessary,

(g) secure for later inspection the premises or place or part of it,

(h) if accompanied by -

(i) a member of the Garda Síochána in uniform, or

(ii) an officer of the Revenue Commissioners in uniform authorized by them to exercise powers conferred by the Customs Acts or the statutes which relate to the duties of excise,

stop any vehicle that the authorized officer reasonably suspects to contain any plant protection product or controlled product to which these Regulations apply.

(2) An authorized officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (5) authorising such entry.

(3) An authorized officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorized officer by this Regulation.

(4) A member of the Garda Síochána not in uniform, when exercising any such power, shall, if so requested by any person affected, produce evidence in writing that he or she is such a member or officer.

(5) If a judge of the District Court is satisfied, on the sworn information of an authorized officer that there are reasonable grounds for suspecting that there is a plant protection product or controlled product on any premises or at any place or that there is any apparatus or other equipment required by him or her for inspection or tests, under this Regulation held in any premises or at any place, the judge may issue a warrant authorising an authorized officer, accompanied, if appropriate, by other authorized officers or by a member or members of the Garda Síochána at any time or times within one month from the date of issue of the warrant, on production of the warrant requested, to enter those premises or part of it, if need be by reasonable force, and exercise all or any of the powers conferred on an authorized officer under this Regulation.

(6) A person who without reasonable excuse fails to comply with any request or requirement made by an authorized officer under this Regulation is guilty of an offence.

(7) A person who obstructs or interferes with an authorized officer in the exercise of his or her powers under this Regulation or gives an authorized officer information that is false or misleading is guilty of an offence.

(8) A person guilty of an offence under this Regulation is liable on summary conviction to a fine not exceeding €5,000.”

5 The European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations 2003 ( S.I. No 83 of 2003 ) are amended by substituting for Regulation 33 the following -

“Seizure, retention, removal and disposal

33 (1) An authorized officer may by a notice in writing given to the owner or to the person in apparent charge or control of a plant protection product or of a controlled product seize and detain the plant protection product or controlled product.

(2) An authorized officer may, in respect of a plant protection product or a controlled product seized under paragraph (1) -

(a) require things specified in the notice to be done in relation to the plant protection product or the controlled product before an authorized officer releases it, and

(b) in the case of a plant protection product, either -

(i) require the disposal of the plant protection product by the person to whom the notice is given, in a manner specified in the notice and at the expense of the owner, or

(ii) indicate the authorized officer's intention of disposing of the plant protection product at the expense of the owner,

such disposal to be, in either case, such as will prevent the said plant protection product from being placed on the market or used, and

(c) in the case of a controlled product require the disposal of the product by the owner, or person in apparent charge or control of the product, in a manner and within a time specified in the notice and at the expense of the owner, such disposal to be such as will prevent the product being used for human or animal consumption, and in case a notice given under this paragraph requires specified things to be done in relation to a plant protection product or controlled product, the authorized officer shall retain control of the plant protection product or controlled product to which the notice relates until the requirements of the notice have been complied with.

(3) An authorized officer may destroy or otherwise dispose of any plant protection product or a controlled product seized and detained by him or her under Paragraph (1), with the consent of the owner or person in charge of the product or substance or upon the granting of an order under paragraph (4).

(4) An authorized officer who has seized and detained any product or substance may on giving notice in writing to the owner or person in charge of the product or substance apply to a judge of the District Court in whose district court the product or substance was seized for an order directing that the product or substance be destroyed or otherwise disposed of as being a product or substance which is a danger to human or animal health or the environment.

(5) Where a notice is given under this Regulation, a person shall not, without the consent of the authorized officer by whom the notice was given sell, move, dispose of or otherwise interfere with the plant protection product or controlled product in any way pending compliance with the requirements of the notice.

(6) Any person who is aggrieved by a notice given under paragraph (2), in relation to a plant protection product, which either requires the plant protection product to which it relates to be disposed of or indicates an intention to dispose of such a plant protection product may, not later than the expiration of a period of seven days beginning on the date of the notice, appeal against the notice to the District Court in the District Court District in which the notice has been served.

(7) Disposal of a plant protection product pursuant to a notice given under paragraph (2) shall not take place until -

(a) the period during which an appeal under paragraph (6) may be taken against the notice has expired, or

(b) an appeal under that paragraph is determined or withdrawn.

(8) (a) Where an appeal is made to the District Court under paragraphs (4) or (6), that court, if it is satisfied that -

(i) the plant protection product to which the relevant notice under this Regulation relates is one to which Regulation 3 applies, and

(ii) if the plant protection product was released, it might be placed on the market or used for purposes not authorized in accordance with these Regulations, and

(iii) there has been a failure to comply with the provisions of these Regulations -

shall order that the plant protection product be disposed of in the manner specified in the notice, or in such other manner as may be specified in the court's order and which, in the opinion of the court, will prevent the plant protection product from being used or placed on the market.

(b) Where an order made by the District Court under this paragraph requires the plant protection product to which it relates to be disposed of by an authorized officer, the cost of such disposal shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was either the owner or in apparent charge or control of the product at the time of its seizure under this Regulation.

(9) Notwithstanding paragraph (2) and the requirements of these Regulations in relation to plant protection products, the method of disposal specified by the authorized officer in a notice given under paragraph (2) may include its use subject to such conditions as the Minister may specify in order to minimize any unacceptable risk to man, animals or the environment that might arise from such use.

(10) In the case of a notice given under paragraph (2) which indicates an intention to dispose of a plant protection product, the ownership of such a plant protection product shall, in the absence of an appeal by the owner against the notice to the District Court, vest in the Minister on the expiration of a period of 7 days beginning on the date of the notice. In the event of an appeal by the owner against the notice to the District Court, ownership of the plant protection product shall vest in the Minister if the court makes an order under paragraph (6) that requires the plant protection product to be disposed of by an authorized officer.

(11) In the case of a notice under paragraph (2) which requires the disposal at the expense of the owner of a plant protection product which has been seized under this Regulation and where there has been a failure to pay, the cost of such disposal shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was either the owner or in apparent charge or control of the plant protection product at the time of its seizure under this Regulation.

(12) Where there has been failure to comply with a requirement of a notice given under paragraph (2) with respect to a controlled product, an authorized officer who in pursuance of this Regulation has seized any controlled product may, on giving notice in writing to the owner, or the person in apparent charge or control of such product of his intention to do so, apply to the District Court in the District Court district in which the notice has been served for an order directing that the controlled product be disposed of (by destruction or otherwise) in a manner, specified in the order, that will prevent its being used for human or animal consumption.

(13) Where an application is made under paragraph (12) to the District Court for an order directing the disposal of a controlled product, the Court, if it is satisfied that -

(a) the controlled product to which the notice relates contains within it or on it a residue of a plant protection product in excess of the maximum specified in relation to that product in accordance with Regulation 27,

(b) if such product were released, it might be put into circulation contrary to Regulation 28, and

shall order that the product be disposed of (by destruction or otherwise) in a manner, specified in the order that will prevent its being used for human or animal consumption.

(14) Where an order is made by the District Court under paragraph (12), the order may provide that the controlled product to which it relates be disposed of in the manner specified in the notice given under paragraph (2), or in such other manner as may be specified in the Court's order and which, in the opinion of the Court, will prevent the product being used for human or animal consumption.

(15) Where an order made by the District Court under paragraph (12) requires that a product to which it relates be disposed of by an authorized officer, the cost of disposing of the relevant product pursuant to and in accordance with the order shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was either the owner, or in apparent charge or control of the product, at the time it was seized.

(16) A judge of the District Court to whom an application is made under paragraph (4) shall, if satisfied that such product or substance does not comply with these Regulations or the Directive of 1991 and is a danger to human or animal health or the environment, order that it be destroyed or otherwise disposed of after such a period, not exceeding 14 days, as may be specified in the order, as being a product or substance which is a danger to human or animal health or to the environment.

(17) In the case of a notice under paragraph (1) requiring specific actions or disposal under paragraph (2), all costs incurred shall be the liability of the owner of a plant protection product or a controlled product and where there has been a failure to pay, the cost of such disposal shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction from the person who was either the owner or in apparent charge or control of the plant protection product or a controlled product at the time of its seizure under these Regulations.”

6 The European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations 2003 ( S.I. No 83 of 2003 ) are amended by substituting for Regulation 34 the following -

“General Offences

34 (1) A person who fails to comply with any Regulation under these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both.

(2) (a) A person shall not forge or utter knowing it to be forged -

(i) a record purporting to be established and maintained under these Regulation or a document purporting to be an extract there from (hereafter in this Regulation referred to as “a forged record”), or

(ii) a dispatch document purporting to be issued or given under this Regulation (hereafter in this Regulation referred to as “a forged document”).

(b) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered -

(i) a record purporting to be established and maintained under these Regulation or a document purporting to be an extract there from (hereafter in these Regulation referred to as “an altered record”), or

(ii) a dispatch document purporting to be issued or given under these Regulation (hereafter in this Regulation referred to as ‘an altered document’).

(c) A person shall not have, without lawful authority, in his or her possession a forged record, forged document, altered record or altered document.

(d) A person, in purported compliance with these Regulations, shall not give information that he or she knows to be false or misleading.”

7 The following are revoked -

(a) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) Regulations, 2003 ( S.I. No 357 of 2003 )

(b) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 2) Regulations, 2003 ( S.I. No 702 of 2003 )

(c) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) Regulations, 2004 ( S.I. No 197 of 2004 )

(d) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 2) Regulations, 2004 ( S.I. No 498 of 2004 )

(e) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 3) Regulations, 2004 ( S.I. No 580 of 2004 )

(f) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations, 2004 ( S.I. No 581 of 2004 )

(g) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 5) Regulations, 2004 ( S.I. No 650 of 2004 )

(h) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 6) Regulations, 2004 ( S.I. No 651 of 2004 )

(i) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 7) Regulations, 2004 ( S.I. No 710 of 2004 )

(j) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations, 2005 ( S.I. No 145 of 2005 )

(k) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) Regulations, 2005 ( S.I. No 176 of 2005 )

(l) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 3) Regulations, 2005 ( S.I. No 237 of 2005 )

(m) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 5) Regulations, 2005 ( S.I. No 553 of 2005 )

(n) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 6) Regulations, 2005 ( S.I. No 795 of 2005 )

(o) European Communities (Authorisation, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) Regulations, 2006 ( S.I. No 128 of 2006 )

GIVEN under my Official Seal,

13^th July 2006

Mary Coughlan

Minister for Agriculture and Food

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

These Regulations amend the European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations, 2003 ( S.I. No. 83 of 2003 ).

The amendments specify detailed requirements and procedures concerning handling and use of plant protection products by farmers and other professional end-users. The Regulations specify design and operational requirements for end-user storage facilities, and specify the records to be maintained. These Regulations also serve to define certain terms and to update the enforcement provisions of the Regulations.

¹ O.J. No. L230, 19.08.1991, p. 1

² O.J. No. L221, 31.08.1993, p. 27

³ O.J. No. L194, 29.07.1994, p. 65

⁴ O.J. No. L227, 01.09.1994, p. 31

⁵ O.J. No. L354, 31.12.1994, p. 16

⁶ O.J. No. L172, 22.07.1995, p. 6

⁷ O.J. No. L172, 22.07.1995, p. 8

⁸ O.J. No. L65, 15.03.1996, p. 20

⁹ O.J. No. L214, 23.08.1996, p. 18

¹⁰ O.J. No. L277, 30.10.1996, p. 25

¹¹ O.J. No. L265, 27.09.1997, p. 87

¹² O.J. No. L353, 24.12.1997, p. 26

¹³ O.J. No. L191, 07.07.1998, p. 50

¹⁴ O.J. No. L21, 28.01.1999, p. 21

¹⁵ O.J. No. L206, 05.08.1999, p. 16

¹⁶ O.J. No. L210, 0.08.1999, p. 13

¹⁷ O.J. No. L57, 02.03.2000, p. 28

¹⁸ O.J. No. L197, 03.08.2000, p. 32

¹⁹ O.J. No. L198, 04.08.2000, p. 39

²⁰ O.J. No. L276, 28.10.2000, p. 35

²¹ O.J. No. L276, 28.10.2000, p. 38

²² O.J. No. L276, 28.10.2000, p. 41

²³ O.J. No. L309, 09.12.2000, p. 14

²⁴ O.J. No. L69, 10.03.2001, p. 17

²⁵ O.J. No. L113, 24.04.2001, p. 5

²⁶ O.J. No. L164, 20.06.2001, p. 1

²⁷ O.J. No. L175, 28.06.2001, p. 21

²⁸ O.J. No. L176, 29.06.2001, p. 61

²⁹ O.J. No. L276, 19.10.2001, p. 17

³⁰ O.J. No. L304, 21.11.2001, p. 14

³¹ O.J. No. L313, 30.11.2001, p. 37

³² O.J. No. L55, 26.02.2002, p. 29

³³ O.J. No. L117, 04.05.2002, p. 10

³⁴ O.J. No. L148, 06.06.2002, p. 19

³⁵ O.J. No. L189, 18.07.2002, p. 27

³⁶ O.J. No. L276, 12.10.2002, p. 28

³⁷ O.J. No. L8, 14.01.2003, p. 7

³⁸ O.J. No. L81, 28.03.2003, p. 39

³⁹ O.J. No. L101, 23.04.2003, p. 3

⁴⁰ O.J. No. L122, 16.05.2003, p. 1

⁴¹ O.J. No. L124, 20.05.2003, p. 30

⁴² O.J. No. L177, 16.07.2003, p. 12

⁴³ O.J. No. L184, 23.07.2003, p. 9

⁴⁴ O.J. No. L205, 14.08.2003, p. 16

⁴⁵ O.J. No. L224, 06.09.2003, p. 29

⁴⁶ O.J. No. L228, 12.09.2003, p. 11

⁴⁷ O.J. No. L247, 30.09.2003, p. 20

⁴⁸ O.J. No. L321, 06.12.2003, p. 32

⁴⁹ O.J. No. L325, 12.12.2003, p. 41

⁵⁰ O.J. No. L70, 09.03.2004, p. 32

⁵¹ O.J. No. L77, 13.03.2004, p. 50

⁵² O.J. No. L120, 24.04.2004, p. 26

⁵³ O.J. No. L120, 24.04.2004, p. 39

⁵⁴ O.J. No. L125, 28.04.2004, p. 38

⁵⁵ O.J. No. L125, 28.04.2004, p. 41

⁵⁶ O.J. No. L125, 28.04.2004, p. 42

⁵⁷ O.J. No. L125, 28.04.2004, p. 43

⁵⁸ O.J. No. L168, 01.05.2004, p. 35

⁵⁹ O.J. No. L127, 29.04.2004, p. 104

⁶⁰ O.J. No. L, 301 27.09.2004, p. 53

⁶¹ O.J. No. L309, 06.10.2004, p. 6

⁶² O.J. No. L 374, 22.12.2004, p. 64

⁶³ O.J. No. L5, 7.1.2005, p. 26

⁶⁴ O.J. No. L20, 22.01.2005, p. 15

⁶⁵ O.J. No. L20, 22.01.2005, p. 19

⁶⁶ O.J. No. L70, 16.03.2005, p. 1

⁶⁷ O.J. No. L90, 08.04.2005, p. 1

⁶⁸ O.J. No. L125, 18.05.2005, p. 5

⁶⁹ O.J. No. L241, 17.09.2005, p. 51

⁷⁰ O.J. No. L244, 20.09.2005, p. 21

⁷¹ O.J. No. L246, 22.09.2005, p. 14

⁷² O.J. No. L246, 22.09.2005, p. 17

⁷³ O.J. No. L279, 22.10.2005, p. 63

⁷⁴ O.J. No. L12, 18.01.2006, p. 17

⁷⁵ O.J. No. L12 18.01.2006, p.21

⁷⁶ O.J. No. L25, 28.01.2006, p. 25

⁷⁷ O.J. No. L36, 08.02.2006 p.37

⁷⁸ O.J. No. L44, 15.02.2006 p.15

⁷⁹ O.J. No. L104 13.04.2006 p.30

⁸⁰ O.J. No. L130 18.05.2006 p.27