The Plant Protection Products (Amendment) Regulations 1997

• Citation: S.I. 1997/7
• Sections: 9

Section 1 Title, commencement and interpretation

(1) These Regulations may be cited as the Plant Protection Products (Amendment) Regulations 1997 and shall come into force–

(a) as respects all regulations except for regulation 3 on 31st January 1997;

(b) as respects regulation 3(a) on 31st March 1997; and

(c) as respects regulation 3(b) on 30th April 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 9 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 (e) there shall be inserted the following sub-paragraph–

(f) Commission Directive 96/12/ EC

(b) after sub-paragraph (f) there shall be inserted the following sub-paragraph–

(g) Commission Directive 96/46/EC .

Section 4 Amendment of the principal Regulations

In regulation 20–

(a) for paragraph (1) there shall be substituted the following paragraph–

(1) Where there has been a contravention, in relation to any plant protection product, of any prohibition, requirement or condition imposed by or under these Regulations in relation to that plant protection product, either of the Ministers shall have the power–

(a) to seize or dispose of the plant protection product or require the holder of the approval, or any other person appearing to the Minister to be the owner or the person in charge of that plant protection product, to dispose of it;

(b) to seize or dispose of anything treated with the plant protection product or require any person appearing to the Minister to be the owner or the person in charge of anything so treated to dispose of it;

(c) to require the holder of the approval, or any other person appearing to the Minister to be the owner or the person in charge of the plant protection product, to take such remedial action as appears to that Minister to be necessary as a result of the contravention including, where it appears to be necessary as a result of the contravention, recovery of the plant protection product from the market in Great Britain.

(b) at the end of the regulation there shall be inserted the following paragraph–

(3) Any person who contravenes or causes or permits any person to contravene any requirement imposed under this regulation shall be guilty of an offence.

Section 5 Amendment of the principal Regulations

In regulation 21(2)(a) for the word “he” there shall be substituted the words “the former”.

Section 6 Amendment of the principal Regulations

For regulation 22(1) there shall be substituted the following paragraph–

(1) A person guilty of an offence under regulation 3(6), 5(7), 7(8), 8(3), 9(7), 10(4), 11(7), 18(2), 19(2), 20(3) or 21(1) or (2) shall be liable–

(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum; and

(b) on conviction on indictment, to a fine.

Section 7 Amendment of the principal Regulations

For regulation 24(2) there shall be substituted the following paragraph–

(2) This regulation applies to any offence under regulation 3(6), 5(7), 7(8), 8(3), 9(7), 10(4), 11(7), 14(2), 16(5) or (6), 18(2), 19(2) or 20(3).

Section 8 Amendment of the principal Regulations

In regulation 27, for paragraphs (1) and (2) there shall be substituted the following paragraphs–

(1) The 1986 Regulations shall not apply to any plant protection product the placing on the market and use of which are, or under Schedule 3 have become, subject to the prohibitions specified in regulation 3(1) and (2).

(2) The 1986 Regulations shall not apply to any plant protection product which is approved under regulation 9.

Section 9 Amendment of the principal Regulations

In paragraph 6 of Schedule 2 at the end of the paragraph there shall be inserted the following words “and where they make such a requirement they shall do so in writing by notice served on persons holding approvals for the plant protection products concerned”.