European Communities (Prohibition of Certain Active Substances In Plant Protection Products) (Amendment) (No. 2) Regulations, 1987

• Jurisdiction: Ireland
• Citation: IR SI 342/1987
• Year: 1987

I, MICHAEL O'KENNEDY, 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 effect to Council Directive No. 79/117/EEC of 21 December 1978(1)(as amended by Commission Directive 83/131/EEC of 14 March, 1983(2) and Commission Directive 85/298/EEC of 22 May, 1985(3) Council Directive 86/355/EEC of 21 July, 1986(4), Council Directive 87/181/EEC of 9 March, 1987(5) and Commission Directive 87/477/EEC of 9 September, 1987(6)), hereby make the following regulations:

(1) O.J. No. L33/36 8.2.1979.

(2) O.J. No. L91/35 9.4.1983.

(3) O.J. No. L154/48 13.6.1985.

(4) O.J. No. L212/33 2.8.1986.

(5) O.J. No. L71/33 14.3.1987.

(6) O.J. No. L273/40 26.9.1987. 1. (1) These Regulations may be cited as the European Communities (Prohibition of Certain Active Substance in Plant Protection Products) (Amendment) (No. 2) Regulations, 1987, and shall come into operation on the 4th day of January, 1988.

(2) The European Communities (Prohibition of Certain Active Substances in Plant Protection Products) Regulations, 1981 and 1985, and these Regulations may be cited together as the European Communities (Prohibition of Certain Active Substances in Plant Protection Products) Regulations, 1981 to 1987, and shall be construed together as one. 2. In these Regulations "the Principal Regulations" means the European Communities (Prohibition of Certain Active Substances in Plant Protection Products) Regulations, 1981 ( S.I. No. 320 of 1981 ). 3. The Principal Regulations are hereby amended by—

( a ) the substitution for paragraph (5) of Regulation 3 of the following paragraph:

"(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 1 of the Schedule to these Regulations in or on equipment found on the land (including any 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 contracention of that paragraph.";

( b ) the insertion after paragraph (5) of Regulation 3 of the following paragraph:

"(6) In a prosecution of a person for a contravention of paragraph (1) of this Regulation, evidence of the presence of a plant protection...