The Plant Protection Products Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2131 |
| Year | 2011 |
2011 No. 2131
Pesticides
The Plant Protection Products Regulations 2011
Made 20th August 2011
Laid before Parliament 2nd September 2011
Coming into force 24th September 2011
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 19721in relation to the common agricultural policy of the European Union2and measures in the veterinary and phytosanitary fields for the protection of public health3.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972. It appears to the Secretary of State that it is expedient for references in these Regulations to Regulation (EC) No 1107/20094of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC5and 91/414/EEC6to be construed as including references to Articles 30(3) and 52(4), and to Annexes I to V of that Regulation as amended from time to time.
Citation, commencement, extent and review
1.—(1) These Regulations may be cited as the Plant Protection Products Regulations 2011 and come into force on 24th September 2011.
(2) Except as provided in paragraph (3) and subject to paragraphs (4) and (5), these Regulations extend to Great Britain.
(3) Regulation 4 extends to the United Kingdom.
(4) Any amendment made by Schedule 4 has the same extent as that of the enactment, or instrument made by the Scottish Parliament, to which it relates.
(5) Any revocation made by Schedule 5 has the same extent as that of the enactment, or instrument made by the Scottish Parliament, to which it relates.
(6) Before the end of each review period, the Secretary of State must—
(a)
(a) carry out a review of regulations 2 to 31;
(b)
(b) set out the conclusions of the review in a report; and
(c)
(c) publish the report.
(7) The review shall relate to the operation of these Regulations as they have effect in relation to England and Wales only.
(8) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Regulation 1107/2009 (which is implemented by means of these Regulations) is implemented in other Member States.
(9) The report must in particular—
(a)
(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;
(b)
(b) assess the extent to which those objectives are achieved; and
(c)
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(10) If a report under these Regulations is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
(11) “review period” means—
(a)
(a) the period of five years beginning with the day on which these Regulations come into force, and
(b)
(b) subject to paragraph (10), each successive period of five years.
Interpretation
2.—(1) In these Regulations—
“the 1986 Regulations” means the Control of Pesticides Regulations 19867;
“authorised person” means a person authorised under regulation 7(1) or 7(7) of these Regulations;
“Regulation 1107/2009” means Regulation (EC) No 1107/2009of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EECand 91/414/EEC, of which Articles 30(3) and 52(4) and Annexes I to V of that Regulation are to be read as amended from time to time.
(2) Expressions used in both these Regulations and Regulation 1107/2009 have the same meaning in these Regulations as they have in Regulation 1107/2009.
(3) In these Regulations any reference to a numbered Article is to be construed as a reference to the Article so numbered in Regulation 1107/2009.
Competent Authority
3. For the purposes of Article 75(1) the designated competent authority is—
(a) in relation to England and Wales, the Secretary of State; and
(b) in relation to Scotland, the Scottish Ministers.
Co-ordinating national authority
4. The Secretary of State is the designated co-ordinating national authority for the purposes of Article 75(2).
Emergency measures
5.—(1) Where the Secretary of State reasonably considers that treated seeds are likely to constitute a serious risk to human or animal health or to the environment, the Secretary of State may issue a notice in writing restricting or prohibiting their sale or use, or both, in relation to England and Wales.
(2) Where the Scottish Ministers reasonably consider that treated seeds are likely to constitute a serious risk to human or animal health or to the environment, they may issue a notice in writing restricting or prohibiting their sale or use, or both, in relation to Scotland.
(3) A notice served pursuant to paragraph (1) or (2) must—
(a)
(a) set out the grounds for issuing the notice; and
(b)
(b) give a time limit for compliance with the notice.
Enforcement
6. These Regulations are enforced—
(a) by the Secretary of State in relation to England;
(b) by the Welsh Ministers in relation to Wales; and
(c) by the Scottish Ministers in relation to Scotland.
Powers of authorised persons
7.—(1) The Secretary of State (in relation to England), the Welsh Ministers (in relation to Wales) and the Scottish Ministers (in relation to Scotland) may authorise any person to exercise the powers set out in Schedule 1 to these Regulations.
(2) An authorised person, if so authorised by the person authorising him or her, may, although not of counsel or a solicitor, prosecute before a magistrates’ court in England and Wales proceedings for an offence under these Regulations.
(3) A person may be authorised for specified purposes.
(4) An authorisation must be evidenced in writing.
(5) The Secretary of State and the Welsh Ministers acting jointly in relation to local authority officers in England and Wales, and the Scottish Ministers in relation to local authority officers in Scotland, may specify descriptions of local authority officers who may be authorised to exercise enforcement powers and may direct that an officer of a particular description may only be appointed to exercise them for a specified purpose.
(6) Any specification or direction under paragraph (5) must be in writing.
(7) If the Secretary of State and Welsh Ministers or the Scottish Ministers specify a description of local authority officers under paragraph (5), a local authority may authorise any of its officers falling within that description to exercise enforcement powers.
(8) Schedule 1 (Powers of authorised persons) has effect.
(9) In this regulation “enforcement powers” means the powers set out in Schedule 1 to these Regulations.
(10) In this regulation “local authority” means—
(a)
(a) in relation to England—
(i) where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 19948, that authority;
(ii) where there is not a unitary authority—
(aa) in a metropolitan district, the council of that district;
(bb) in a non-metropolitan district, the council of that county or the council of a district within the county area;
(cc) in each London borough, the council of that borough;
(iii) in the City of London, the Common Council; or
(iv) the Council of the Isles of Scilly;
(b)
(b) in relation to Wales, a county council or a county borough council; and
(c)
(c) in relation to Scotland, a Council constituted under section 2 of the Local Government etc. (Scotland) Act 19949.
Evidence of authorisation
8.—(1) An authorised person performing functions under these Regulations must produce, on request, evidence of his or her authorisation.
(2) An authorised person shall state, if requested—
(a)
(a) his or her name;
(b)
(b) the functions to be performed; and
(c)
(c) the grounds for proposing to perform those functions.
Placing on the market and use
9. A person must not place on the market or use a plant protection product in contravention of Article 28, or cause or permit another person to do so.
Seeds treated with plant protection products
10.—(1) A person must not place on the market or use seeds treated with plant protection products that are not authorised for use on such seeds in any Member State, or cause or permit another person to do so.
(2) A person must not place on the market treated seeds in contravention of Article 49(4), or cause or permit another person to do so.
(3) In this regulation “treated seeds” means seeds treated with plant protection products authorised for that use in at least one Member State.
Parallel trade permits and permits for trial purposes
11.—(1) A person must not place on the market or use a plant protection product in contravention of Article 52(5), or cause or permit another person to do so.
(2) A person must not place on the market or use a plant protection product in contravention of one or more conditions in a permit granted for trial purposes under Article 54(1), or cause or permit another person to do so.
Use of plant protection products
12. A person must use a plant protection product in compliance with the conditions established in accordance with Article 31 and specified on the labelling as required in Article 55.
The provision of information on potentially harmful or...
To continue reading
Request your trial