Activities concerning the Professional Use of Toxic Products

L.N. 350 of 2005

PESTICIDES CONTROL ACT, 2001

(CAP. 430)

Activities concerning the Professional Use of Toxic Products

Rules, 2005

IN exercise of the powers conferred by articles 4 and 5 of the

Pesticides Control Act 2001, the Minister for Rural Affairs and the

Environment has made the following rules >-

(1) The title of these rules is the Activities Concerning the

Professional Use of Toxic Products Rules, 2005.

(2) The scope of these rules is to implement the rules found

under European Union Council Directive 74#556EEC, hereinafter

referred to as “the Directive”.

(1) Malta shall adopt the transitional measures defined in

this Directive in respect of establishment or provision of services in its

territory by natural persons and companies or firms covered by Title I

of the General Programmes , hereinafter called “beneficiaries” wishing

to pursue the activities referred to in sub-rule (2) of this rule.

(2) The activities referred to are those covered by Council

Directive No 74#557#EEC of the 4 th June 1974 on the attainment of

freedom of establishment and freedom to provide services in respect of

activities of self-employed persons and of intermediaries engaging in

the trade and distribution of toxic products.

The Directive also covers activities involving the professional

use of toxic products in so far as such activities have been or will be

liberalized by the following Directives> -

(a) Council Directive No 65#1#EEC of 14 th December 1964

laying down detailed provisions for the attainment of freedom to

provide services in agriculture and horticulture<

(b) Council Directive No 667#654#EEC of the 24 th October,

1967 laying down detailed provisions for the attainment of freedom

of establishment and freedom to provide services in respect of

activities of self-employed persons in forestry and logging<

(c) Council Directive No 71#18#EEC of the 16 th December

,1970 laying down detailed provisions for the attainment of freedom

of establishment in respect of self-employed persons providing

agricultural and horticultural services<

(d) Council Directive No 74#...#EEC of ... concerning the

attainment of freedom of establishment and the freedom to provide

services in respect of various activities of self-employed persons

(ex ISIC Major Group 01 to Major Group 85) as regards the

activities covered by that Directive which fall within ISIC Group

859 and entail the use of toxic products.

(3) The transitional measures shall also apply to persons

pursuing as paid employees the activities referred to in sub-rule (2), as

shall Article 7 (1) to (4), of Council Directive No 74#557#EEC.

Where, in Malta, the taking up or pursuit of any activity referred Evidence of

knowledge and

to in paragraph (a)of rule 2(2) is dependent on the possession of general, ability deemed to be

commercial or professional knowledge and ability, it shall accept as sufficient.

sufficient evidence of such knowledge and ability the fact that the activity

in question has been pursued in another Member State for any of the

following periods>

(a) five consecutive years in an independent capacity or in

a managerial capacity, such activity not having ceased more than

two (2) years before the date when the application referred to in

rule 5 (2) is made<

(b) two consecutive years in an independent capacity or in

a managerial capacity where the beneficiary possesses a certificate

of ability and competence for the activity in question authorizing

him to pursue the activities of trade in or distribution of toxic

products in the Member State of origin or the Member State whence

he comes<

(c) three consecutive years in an independent capacity or

in a managerial capacity where the beneficiary proves that for the

activity in question he has received previous training attested by a

certificate recognized by the State or regarded by the competent

professional or trade body as fully satisfying its requirements<

(d) three consecutive years in a non-independent capacity

where the beneficiary possesses a certificate of ability and

competence for the activity in question authorizing him to pursue

the activities of trade in or distribution of toxic products in the

Member State of origin or the Member State whence he comes<

(e) four consecutive years in a non-independent capacity

where the beneficiary proves that for the activity in question he

has received previous training, attested by a certificate recognized

by the State or regarded by the competent professional or trade

body as fully satisfying its requirements.

This rule only relates to trade in or distribution of packaged

toxic products intended for delivery to the final user in their original

packaging.

(1) Where, in Malta, the taking up or pursuit of any activity

referred to in the paragraph (b)of rule 2 (2) is dependent on the possession

of general, commercial, or professional knowledge and ability, that

Member State shall accept as sufficient evidence of such knowledge

and ability the fact that the activity in question has been pursued in

another Member State for any of the following periods>-

(a) six consecutive years in an independent capacity or in

a managerial capacity such activity not having ceased more than

two years before the date when the application referred to in rule

5(2) is made<

(b) three consecutive years in an independent capacity or

in a managerial capacity where the beneficiary possesses a

certificate of ability and competence for the activity in question

authorizing him to pursue activities entailing the professional use

of toxic products in the Member State of origin or the Member

State whence he comes<

(c) four consecutive years in an independent capacity or in

a managerial capacity where the beneficiary proves that for the

activity in question he has received previous training, attested by

a certificate recognized by the State or regarded by the competent

professional or trade body as fully satisfying its requirements<

(d) four consecutive years in a non-independent capacity

where the beneficiary possesses a certificate of ability and

competence for the activity in question authorizing him to pursue

activities entailing the professional use of toxic products in the

Member State of origin or the Member State whence he comes<

(e) five consecutive years in a non-independent capacity

where the beneficiary proves that for the. activity in question he

has received previous training, attested by a certificate recognized

by the State or regarded by the competent professional or trade

body as fully satisfying its requirements<

(2) The provisions in sub-rule (1) (a), (c) and (e) are not

applicable to activities entailing the professional use of certain highly

toxic products given below> -

(a)

Hydrocyanic acid and its soluble salts,

(b) Hydrofluoric acid and its soluble salts,

(c)

Acrylonitrile,

(d) Liquid compressed ammonium,

(e)

Methyl bromide,

(f)

Chloropicrin,

(g)

Hydrogen phosphide and products liable to liberate

it,

(h) Ethylene oxide,

(i)

Carbon disulphide,

(j) Carbon tetrachloride,

(k) Trichloroacetronitrile.

For the purpose of applying the provisions in paragraphs (b) and

(d) to these highly toxic products, the certificate of ability and

competence must state the product or products which the beneficiary is

authorized to use in the Member State of origin or the Member State

whence he comes.

In this case, the beneficiary’s activity shall not have ceased more

than two years before the date when the application referred to in rule

5(2) is made.

(1) A person shall be regarded as having pursued an activity Pursuance of

activity in a

in a managerial capacity within the meaning of rules 2 and 3 if he has managerial

capacity.

pursued such an activity in an industrial or commercial undertaking in

the occupational field in question>

(a) as manager of an undertaking or manager of a branch of

an undertaking< or

(b) as deputy to the proprietor or to the manager of an

undertaking, where such post involves responsibility equivalent

to that of the proprietor or manager represented< or

(c) in a managerial post with duties relating to trade in or

distribution of toxic products and with responsibility for at least

one department of the undertaking, or in a managerial post with

responsibility for the use of the said products.

(2) Proof that the conditions laid down in rules 2 and 3 are

satisfied shall be established by an attestation issued by the competent

authority or body in the Member State of origin or Member State whence

the person concerned comes, which the latter shall submit in support of

his application for authorization to pursue the activity or activities in

question in the host Member States. Such attestation shall state, where

appropriate, whether, in the Member State of origin or Member State

whence the person concerned comes, authorization is limited to the

taking up of activities relating to the distribution of toxic products or to

activities entailing the professional use of such products, or whether

certain toxic products are excluded from these latter activities.

(3) Malta shall designate the authorities and bodies

competent to issue the certificates referred to in sub-rule (2) and shall

forthwith inform the other Member States and the European Commission

thereof.

Where, in the Member State of origin or the Member State

whence the person concerned comes, the formal qualifications laid down

in rules 3 and 4 or the attestations laid down in rule 5 (2) authorize only

the taking up of activities relating to the distribution of toxic products

or of activities entailing the professional use of such products, or exclude

certain toxic products from these latter activities, the host Member State

may apply the same limitations in its territory and also exclude from

activities entailing the professional use of toxic products consisting of

the same active material as products excluded by formal qualifications

and attestations or involving similar risks for human, animal and plant

health either directly or indirectly through the environment.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press