European Communities (Prohibition of Certain Active Substances In Plant Protection Products) Regulations, 1981

• Jurisdiction: Ireland
• Year: 1981
• Citation: IR SI 320/1981

I, ALAN M. DUKES, Minister for Agriculture, 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 effect to Council Directive No. 79/117/EEC of 21 December, 1978, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Prohibition of Certain Active Substances in Plant Protection Products) Regulations, 1981.

(2) These Regulations shall come into operation on the 1st day of October, 1981.

2. (1) In these Regulations—

“authorised officer” means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

“the Directive” means Council Directive No. 79/117/EEC of 21 December, 1978;(1)

“the Minister” means the Minister for Agriculture;

“place on the market” includes agree or offer to sell or expose for sale or invite an offer to buy;

(2) A word or expression that is used in these Regulations and is also used in the Directive shall, unless the context otherwise requires, have in these Regulations the same meaning that it has in the Directive.

3. (1) A person shall not place on the market or use a plant protection product to which the Directive applies and which contains one or more of the active substances listed in Part I of the Schedule to these Regulations.

(2) Paragraph (1) of this Regulation does not apply to:—

(a) a plant protection product that contains negligible amounts of the active substances specified in Part I of the Schedule to these Regulations as impurities because of the nature of their manufacturing process where they have no harmful effect on human beings, animals or the environment, or

(b) the placing on the market or the use of a plant protection product containing any of the active substances mentioned in the first column of Part II of the said Schedule in the cases specified in the second column of the said Part II opposite the mention of the substances in the said first column.

(3) A person shall not place on the market a plant protection product to which the Directive applies in the cases specified in the said second column of the said Part II of the Schedule to these Regulations unless it is packed in a container which (or, if there is an inner container or containers and an outer container, each of them) bears or has attached to it a notice which is easily visible without removing or opening any container, is legible and indicates clearly that its use is restricted to those cases, and any statement published by or on behalf of a person engaged in the sale of such a product as aforesaid for the purpose of promoting its sale shall include a notice which is easily visible, is legible and indicates clearly that its use is restricted to those cases.

(4) In a prosecution of a person for a contravention of paragraph (1) of this Regulation, evidence of a residue, on or in a plant or plant product owned by the person of:—

(a) a plant protection product to which the Directive applies containing any one or more of the active substances specified in Part I of the Schedule to these Regulations at or above the limit of determination of the appropriate method of analysis, or

(b) a toxic metabolite or breakdown product of a plant protection product referred to in paragraph (1) of this Regulation,

shall be evidence, until the contrary is proved, of the use of the plant protection product by the person in contravention of the said paragraph (1).

(5) In a prosecution of a person for a contravention of paragraph (1) of this Regulation, evidence of the presence of a plant protection product to which the Directive applies containing any one or more of the active substances specified in Part I of the Schedule to these Regulations in or on equipment found on the premises of the person and capable of use for applying the product to a plant shall be evidence, until the contrary is proved, of the use by the person of the plant protection product in contravention of that paragraph.

4. (1) Subject to paragraph (6) of this Regulation, an authorised officer may at any reasonable time enter—

(a) any place or premises in which he has reasonable grounds for believing that a plant protection product to which the Directive applies is being manufactured, placed on the market, stored or used,

(b) any railway wagon, vehicle, ship, vessel, aircraft, container or other thing in which he has reasonable grounds for believing that a plant protection product to which the Directive applies is being transported, stored or used,

and there or at any other place—

(i) make such examinations, tests and inspections, and

(ii) take such samples of any plant protection product which he finds in the course of his inspections,

as he may consider appropriate for the purposes of these Regulations and the Directive.

(2) Subject to paragraph (6) of this Regulation, an authorised officer may at any reasonable time enter—

(a) any place or premises in which he has reasonable grounds for believing that a plant or plant product intended for sale and containing a residue of a plant protection product to which the Directive applies is being grown, manufactured, placed on the market, stored or used,

(b) any railway wagon, vehicle, ship, vessel, aircraft, container or other thing in which he has reasonable grounds for believing that a plant or plant product intended for sale and containing a residue of a plant protection product to which the Directive applies is being transported, stored or used,

and there or at any other place—

(i) make such examinations, tests and inspections, and

(ii) take such samples of any plant, plant product or plant protection product which he finds in the course of his inspections,

as he may consider appropriate for the purposes of these Regulations and the Directive.

(3) A person who has at any place or premises or in any railway wagon, vehicle, ship, vessel, aircraft, container or other thing any plant, plant product or plant protection product to which the Directive applies shall at all reasonable times—

(a) afford to an authorised officer such facilities and assistance as are reasonably necessary for an inspection and taking of samples pursuant to these Regulations or for such an inspection or for such a taking,

(b) give an authorised officer any information which he may reasonably require regarding the purchase, importation...