The Plant Protection Products (Amendment) (No. 2) Regulations 1997

• Citation: S.I. 1997/2499
• Sections: 5

Section 1 Title, commencement and interpretation

(1) These Regulations may be cited as the Plant Protection Products (Amendment) (No. 2) Regulations 1997 and shall come into force—

(a) as respects all regulations except for regulation 3(b) on 13th November 1997;

(b) as respects regulation 3(b) on 30th November 1997.

(2) In these Regulations “the principal Regulations ” means the Plant Protection Products Regulations 1995 .

Section 2 Amendment of the principal Regulations

The principal Regulations shall be amended in accordance with regulations 3 to 5 of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Regulations.

Section 3 Amendment of the principal Regulations

In regulation 2(1), in the definition of “the Directive”—

(a) after sub-paragraph (g) there shall be inserted the following sub-paragraph—

(h) Council Directive 97/57/ EC ;

(b) after sub-paragraph (h) there shall be inserted the following sub-paragraph—

(i) Commission Directive 96/68/EC .

Section 4 Amendment of the principal Regulations

At the end of paragraph 1 of Schedule 3 there shall be inserted the following paragraphs—

(1A) Notwithstanding paragraph 1 above, and subject to paragraphs 1B and 1C below, regulations 1, 2 and 9 and (insofar as they relate to approvals granted under regulation 9) regulations 13(2) and (5) to (8), 14, 17 and 20 to 27 shall apply to a relevant plant protection product.

(1B) Regulation 9 shall not apply to a relevant plant protection product to which any of the exemptions provided in regulation 3(2)(a) to (c) and (e) to (i) of the 1986 Regulations applies.

(1C) Notwithstanding regulation 27(2), a pesticide approval in respect of a relevant plant protection product given in the form of an experimental permit under regulation 5(a) of the 1986 Regulations which was in force on 13th November 1997 shall continue to be subject to the 1986 Regulations and shall continue in force until the date of expiry of such approval or earlier revocation under those Regulations.

Section 5 Amendment of the principal Regulations

For paragraph 8 of Schedule 3 there shall be substituted the following paragraph—

Interpretation

(8) For the purposes of this Schedule—

“approved pesticide” means a pesticide which is the subject of a pesticide approval;

“pesticide approval” means approval of a pesticide given under regulation 5 of the 1986 Regulations;

“pesticide approval holder” means any person who holds a current pesticide approval;

“relevant active substance” means an active substance contained in a relevant plant protection product which is an approved pesticide;

“relevant plant protection product” means any plant protection product—

which is a pesticide, or substance, preparation or organism prepared or used for any of the purposes mentioned in regulation 3(1)(b) of the 1986 Regulations, and

at least one of whose active ingredients is an old active substance; and

“active ingredient”, “advertisement”, “organism”, “pesticide”, “preparation”, “sale”, “storage”, “substance”, “supply” and “use” have the same meanings as in the 1986 Regulations.