European Communities (Sustainable Use of Pesticides) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 155/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th May, 2012.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, 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 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 20091 hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (Sustainable Use of Pesticides) Regulations 2012.

Commencement

2. (1) Regulation 5 shall come into effect on 26 November 2015.

(2) Regulation 6(1)(b) and (c), Regulation 7, Regulation 8(3) and Regulation 10 shall come into effect on 26 November 2013.

(3) Regulations 6(1)(e) shall come into effect on 26 November 2015.

(4) Regulation 9 shall come into effect on 26 November 2016.

(5) Regulation 14 shall come into effect on 1 January 2014.

Interpretation

3. (1) In these Regulations—

“authorised officer” means a person appointed under Regulation 17;

“Directive” means Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009;

“inspector of pesticide application equipment” means a person that complies with Regulation 8(1);

“Minister” means Minister for Agriculture, Food and the Marine;

“National Action Plan” means a plan submitted by the Minister to the European Commission under Article 4 of the Directive;

“person trained as a distributor” means a person trained to the standard of a distributor in accordance with Article 5 of the Directive and the National Action Plan;

“premises” means land with or without buildings;

“Register” means a register established under Regulation 4.

(2) A word or expression that is used in the Directive or an act of an institution of the European Union mentioned in these Regulations and is also used in these Regulations has, in these Regulations the same meaning as it has in the Directive.

Register

4. (1) The Minister may establish a register of—

(a) professional users,

(b) distributors of pesticide including all premises used by that distributor in relation to pesticide,

(c) persons trained to act as a distributor,

(d) advisors on the use of pesticides,

(e) inspectors of pesticide application equipment, or

(f) any class or classes of person within subparagraphs (a), (b), (c), (d) or (e).

(2) The Minister may set conditions for registration under paragraph (1).

Professional user

5. (1) Subject to paragraph (2) a professional user of pesticides shall—

(a) hold a certificate confirming that the professional user has been trained to a standard determined by the Minister in the subjects listed in Annex I of the Directive, and

(b) comply with any additional training requirements as determined by the Minister.

(2) The Minister may exempt professional users from the obligations set out in paragraph (1) where such users—

(a)(i) farm exclusively grassland, and

(ii) do not use pesticides in excess of a quantity determined by the Minister or do not apply pesticides to an area greater than an area determined by the Minister, or

(b) operate under the direct supervision of a registered professional user or an advisor.

(3) The Minister may remove a person from the Register where—

(a) the Minister is of the view that the person no longer satisfies the conditions set out under paragraph (1) and does not qualify for an exemption under paragraph (2), or

(b) has been found guilty of an offence resulting in—

(i) misuse of pesticides, or

(ii) water pollution.

Distributor

6. (1) Subject to paragraph (2), a distributor or a person trained to act as a distributor shall—

(a) be entered in the Register,

(b) hold a certificate confirming that—

(i) the distributor, or

(ii) the person trained to act as a distributor,

has been trained to a standard determined by the Minister in the subjects listed in Annex I of the Directive,

(c) comply with any additional training requirements as determined by the Minister,

(d) sell pesticides approved for professional use only, to a person whom the distributor or person trained as a distributor is satisfied is a professional user, and

(e) in the case of a distributor, have available, at the time of sale a person trained to act as a distributor to provide information to customers regarding the risks for health and the environment of pesticide use, in particular on hazards, exposure, proper storage, handling, application, safe disposal and low risk alternatives.

(2) The Minister may exempt distributors from the obligations of paragraph (1)(b) or (e) where such distributors only supply certain pesticides for non-professional use.

(3) The Minister may remove a distributor from the Register, where the distributor or a person trained to act as a distributor—

(a) ceases to be a distributor or ceases to be a person trained to act as a distributor,

(b) fails to fulfil the obligations set out in this Regulation, or

(c) has been found guilty of an offence in relation to—

(i) pesticide handling,

(ii) water pollution, or

(iii) acting as an advisor.

(4) A person shall not act as a distributor unless he or she is entered in the Register.

Advisor

7. (1) An advisor shall—

(a) be entered in the Register,

(b) hold a certificate confirming that he or she has been trained to a standard determined by the Minister in the subjects listed in Annex I of the Directive, and

(c) comply with any additional training requirements as determined by the Minister.

(2) The Minister may remove an advisor from the Register, where the advisor—

(a) ceases to be an advisor,

(b) fails to comply with paragraph (1)(c),

(c) has been found guilty of an offence resulting in or leading to–

(i) misuse of pesticides, or

(ii) water pollution.

(3) A person shall not act as an advisor unless he or she is entered in the Register.

Inspector of pesticide application equipment

8. (1) A person wishing to be an inspector of pesticide application equipment shall—

(a) be entered in the Register,

(b) hold a certificate confirming that he or she has been trained to a standard determined by the Minister, and

(c) comply with any additional training requirements as determined by the Minister.

(2) The Minister may remove an inspector of pesticide application equipment from the Register, where he or she—

(a) ceases to be an inspector of pesticide application equipment,

(b) fails to comply with paragraph (1)(c),

(c) has been found guilty of an offence resulting in or leading to–

(i) misuse of pesticides, or

(ii) water pollution,

(d) is found to have certified pesticide application equipment which does not comply with the standard prescribed in Schedule 1.

(3) A person shall not act as an inspector of pesticide application equipment unless he or she is entered in the Register.

Pesticide application equipment

9. (1) A professional user shall have his or her pesticide application equipment listed in Schedule 1 inspected and certified to ensure compliance with the standard specified opposite that equipment in the Schedule,

(a) by a person entered in the Register as an inspector of pesticide application equipment, and

(b) at least once every five years up to 1 January 2020 and at least once in every three years following that date.

(2) A professional user shall only apply pesticides with equipment that is correctly calibrated and is appropriate for the use intended.

(3) A professional user shall only apply pesticides with equipment listed in Schedule 1, if it has been inspected and certified as satisfying the appropriate standard in that Schedule.

Aerial spraying

10. (1) A person shall not engage or cause or permit another person to engage in the aerial spraying of pesticides other than under, and in accordance with, a licence and the conditions attached, if any, issued by the Minister for that purpose.

(2) A person seeking a licence under paragraph (1) shall provide all such information as the Minister may require to determine the application.

(3) The Minister may conduct such consultations as the Minister considers necessary in advance of making any determination on a licence application made under paragraph (2).

(4) The Minister may issue a licence under paragraph (1), attach conditions to the licence, vary a condition, insert a new condition, revoke such licence or refuse an application.

(5) A licence issued under paragraph (1) may be valid for a period determined by the Minister and the period shall be specified on the licence.

Prohibitions on pesticides near aquatic environment and drinking water

11. (1) A person shall not use a pesticide within the distance set out in Schedule 2 opposite the water source described in the Schedule.

(2) A person shall not use a pesticide within 15 metres of a landscape feature that is known to be a ground water vulnerable area including karst areas, sinkholes and collapse features.

(3) Subject to paragraphs (1) and (2), a person shall not use a pesticide close to water other than in accordance with the conditions set out in the approved label for that pesticide.

Specific areas

12. (1) Subject to paragraph (2), a person shall not apply a pesticide in—

(a) areas used by the general public or by vulnerable groups as defined in Article 3 of Regulation (EC) No. 1107/2009 of the European Parliament and of the Council of 21 October 20092 , or

(b) a European site within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ).

(2) Where a person, having completed a risk assessment, is obliged to use a pesticide in an area referred to in paragraph (1), he or she shall ensure that preference is given to the use of low risk plant protection products or biological and cultural control measures and where such...