European Communities (Classification, Packaging and Labelling of Pesticides) (Amendment) Regulations, 1987.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Classification, Packaging and Labelling of Pesticides) (Amendment) Regulations, 1987.
(2) These Regulations shall come into operation on the 10th day of August, 1987.
(3) The European Communities (Classification, Packaging and Labelling of Pesticides) Regulations, 1985, and these Regulations may be cited together as the European Communities (Classification, Packaging and Labelling of Pesticides) Regulations, 1985 and 1987, and shall be construed together as one.
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paragraphs: In these Regulations "the Principal Regulations" means the European Communities (Classification, Packaging and Labelling of Pesticides) Regulations, 1985 (S.I. No, 370 of 1985).
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paragraphs: The Principal Regulations are hereby amended by the insertion in Regulation 4 of the following paragraph:
"(5) The placing on the market of a pesticide to which these Regulations apply in the form in which it is supplied to the user and intended for use as such is hereby prohibited if—
( a ) the net quantity in any container of such pesticide is less than the quantity stated thereon in the manner specified in Article 6 (2) (e) of the Directive of 1978, or
( b ) the fastenings or containers used to package such pesticide have been tampered with.".
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paragraphs: The Principal Regulations are hereby amended by the substitution of the following Regulation for Regulation 12:
"12. Where a person proposes to import into the State a pesticide to which these Regulations apply, three days notice of the intended importation shall be given in writing to the Minister on behalf of the importer specifying—
( a ) the brand name of the pesticide.
( b ) the port, airport or other place at which it is expected that the pesticide shall be landed or otherwise brought into the State,
( c ) the date on which the pesticide is expected to be so transferred into the State,
( d ) the number of packs which the relevant consignment comprises (if it comprises more than one),
( e ) the pack size (given by reference to volume or weight) of the consignment or, in case the consignment comprises more than one pack, the pack size (so given) of each such pack, and
( f ) in the case of a pesticide being imported into the State, the destination to which the pesticide is consigned or, in lieu thereof, an address at which the pesticide may be examined, sampled, tested or inspected pursuant to paragraph (1) of Regulation 13.".
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paragraphs: The Principal Regulations are hereby amended by the insertion in Regulation 13 (1) of the following after sub-paragraph (ii):
"and
(iii) take samples of any plant, plant product, soil, compost, or take samples from or of any other thing, which he finds in the course of his inspections and which he believes may have been treated or contaminated with a pesticide to which the Regulations apply,".
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paragraphs: The Principal Regulations are hereby amended by the substitution in Regulation 13 of the following paragraph for paragraph (5):
"(5) ( a ) In any proceedings for an offence under these Regulations, the result of any test, examination or analysis of, or any report on, a sample taken pursuant to this Regulation shall not be adduced unless, before the proceedings were instituted, one of the parts into which the sample was divided (as required by paragraph (4) of this Regulation) was left with, or sent by registered post to, the defendant or his agent.
( b ) In any proceedings for an offence under these Regulations, evidence of the presence of a pesticide to which the Regulations apply, in or on equipment capable of use for application of the pesticide, shall be evidence, until the contrary is proved, of the use of the pesticide.
( c ) In any proceedings for an offence under these Regulations, evidence of the presence of a residue of a pesticide to which the Regulations apply, in or on agricultural produce, in soil or compost or in or on surfaces or other materials which may have been treated with or exposed to the pesticide, shall be evidence, until the contrary is proved, of the use of the pesticide.".
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paragraphs: The Principal Regulations are hereby amended by the substitution in Regulation 13 of the following paragraph for paragraph (6):
"(6) If any person fraudulently—
( a ) tampers with any pesticide so as to procure that any sample of it taken pursuant to these Regulations does not correctly represent the pesticide, or
( b ) tampers or interferes with any sample taken pursuant to these Regulations,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.".
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paragraphs: The Principal Regulations are hereby amended by the insertion in Regulation 13 of the following paragraph:
"(7) An authorised officer shall be furnished with a certificate of his appointment as an authorised officer and when exercising any power conferred on him by these Regulations, shall, if requested by any person affected, produce the certificate to that person.".
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paragraphs: The Principal Regulations are hereby amended by the substitution in Regulation 14 of the following paragraph for paragraph (4):
"(4) Any person who is aggrieved by a notice given under paragraph (2) of this Regulation which either requires the pesticide to which it relates to be disposed of or indicates an intention to dispose of such pesticide may, not later than the expiration of a period of seven days beginning on the date of the notice, appeal against the notice to the District Court in the District Court District in which the notice has been served.".
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paragraphs: The Principal Regulations are hereby amended by the substitution in Regulation 15 of the following paragraph for paragraph (2):
"(2) A person who—
( a ) fails to comply with the requirements of Regulations 7, 11(1) or 12, paragraph (3) of Regulation 13 or paragraph (3) of Regulation 14 of these Regulations, or
( b ) who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by Regulations 13 (2), 13 (3), 14 or 18 of these Regulations, or
( c ) who gives flase information when requested to provide information under Regulation 18,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000, or at the discretion of the court, to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.".
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paragraphs: The Principal Regulations are hereby amended by the substitution of the following Regulations for Regulation 17:
"17. (1) Every application for an approval of documentation and materials and for clearance of pesticides shall be accompanied by—