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Plant Protection Products (Amendment) Regulations, 2010

4 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2010 120 — Plant Protection Products (Amendment) Regulations, 2010

L.N. 120 of 2010

PESTICIDES CONTROL ACT

(CAP. 430)

Plant Protection Products (Amendment) Regulations, 2010

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

the Pesticides Control Act, the Minister for Resources and Rural

Affairs, in consultation with the Prime Minister and with the

Minister for Health, the Elderly and Community Care, has made

the following regulations:-

Malta Government Gazette — Legal Notice 2010 120 — Plant Protection Products (Amendment) Regulations, 2010

(1) The title of these regulations is the Plant Protection

Products (Amendment) Regulations, 2010 and they shall be read

and construed as one with Plant Protection Products Regulations,

2009, hereinafter referred to as “the principal regulations”.

(2) The scope of these regulations is to transpose

Commission Directive 2009/115/EC of 31 August 2009 amending

Council Directive 91/414/EEC to include methomyl as active

substance, Council Directive 2009/116/EC of 25 June 2009

amending Directive 91/414/EEC to include paraffin oils CAS

No 64742-46-7, CAS No 72623-86-0 and CAS No 97862-

82-3 as active substances, Council Directive 2009/117/EC of 25

June 2009 amending Directive 91/414/EEC to include paraffin

oil CAS No 8042-47-5 as an active substance, Commission

Directive 2009/146/EC of 26 November 2009 correcting Directive

2008/125/EC amending Council Directive 91/414/EEC to

include aluminium phosphide, calcium phosphide, magnesium

phosphide, cymoxanil, dodemorph, 2,5-dichlorobenzoic acid

methylester, metamitron, sulcotrione, tebuconazole and triadimenol

as active substances, Commission Directive 2009/152/EC of 30

November 2009 amending Council Directive 91/414/EEC as

regards the expiry date for inclusion in Annex I of the active

substance carbendazim, Commission Directive 2009/153/EC of 30

November 2009 amending Annex I to Council Directive 91/414/

EEC as regards the common name and the purity of the active

substance hydrolysed proteins, Commission Directive 2009/154/

EC of 30 November 2009 amending Council Directive 91/414/

EEC to include cyflufenamid as active substance, Commission

Directive 2009/155/EC of 30 November 2009 amending Council

Directive 91/414/EEC as regards the purity level required of the

active substance metazachlor, Commission Directive 2009/160/EU

of 17 December 2009 amending Council Directive 91/414/EEC

to include 2-phenylphenol as active substance, and Commission

Directive 2010/2/EU of 27 January 2010 amending Council

Directive 91/414/EEC as regards an extension of the use of the

active substance chlormequat.

Malta Government Gazette — Legal Notice 2010 120 — Plant Protection Products (Amendment) Regulations, 2010

Schedule I to the principal regulations shall be amended Amends Schedule

as follows:-

(a) in item 149 thereof, in the column “Expiration of

inclusion” thereof, for the words “31 December 2009” there

shall be substituted the words “31 December 2010”;

(b) in item 266 (Aluminium phosphide), in part A

of the seventh column (Specific provisions) thereof, for the

words from “Only uses as insecticide” to the words “outdoor

uses may be authorized” there shall be substituted the

following

“Only uses as insecticide, rodenticide, talpicide

and leporicide in the form of ready-to-use aluminium

phosphide containing products may be authorised. As

rodenticide, talpicide and leporicide only outdoor uses

may be authorised.”;

(c) in item 267 (Calcium phosphide), in part A of

the seventh column (Specific provisions) thereof, for the

words from “Only outdoor uses as rodenticide” to the words

“products may be authorized” there shall be substituted the

following

“Only outdoor uses as rodenticide and talpicide in

the form of ready-to-use calcium phosphide containing

products may be authorised.”;

(d) in item 268 (Magnesium phosphide), in part A

of the seventh column (Specific provisions) thereof, for the

words from “Only uses as insecticide” to the words “outdoor

uses may be authorized” there shall be substituted the

following

“Only uses as insecticide, rodenticide, talpicide

and leporicide in the form of ready-to-use magnesium

phosphide containing products may be authorised.

As rodenticide, talpicide and leporicide only

outdoor uses may be authorised.”;

(e) in item 281 (Chlormequat), in part A of the seventh

column (Specific provisions) thereof, for the words from

“Only uses as a plant growth regulator” to the words “may be

authorized” there shall be substituted the following

“Only uses as plant growth regulator on cereals and

non edible crops may be authorised.”.

(f) for item 223 there shall be substituted the

following

relevance of the metabolites 479M04, 479M08,

Schedule VI, the conclusions of the review report on

Conditions of authorisation shall include risk

mitigation measures and monitoring programmes

Only uses as herbicide may be authorised; pplication

max. of 1,0 kg/ha only every third year on the same

metazachlor, and in particular Appendices I and II

thereof, as finalised in the Standing Committee on

2008 shall be taken into account. In this overall

assessment Member States must pay particular

the Food Chain and Animal Health on 26 September

— prescribe the application of adequate personal

substance is applied in regions with vulnerable soil

contamination from the metabolites 479M04,

effect”, the Member States concerned shall request

the submission of further information on the

479M09, 479M11 and 479M12 with respect to

For the implementation of the uniform principles of

— the operator safety and ensure that conditions of

— the protection of the groundwater, when the active

479M08, 479M09, 479M11 and 479M12 in

If metazachlor is classified under Directive

67/548/EEC as “limited evidence of a cancerogenic

shall be initiated to verify potential groundwater

— the protection of aquatic organisms,

vulnerable zones, where appropriate.

and/or climatic conditions.

protective equipment,

Specific provisions

attention to

PART A

PART B

use

field.

July

of inclusion

Expiration

August

Entry into

Page 4 of 9

force

considered to

maximum level

is

a

manufacturing

toxicological

established.

 940 g/kg

%

toluene is

impurity

concern

Purity

be of

0,05

The

and

of

2-chloro-N-(pyrazol-1-

ylmethyl)acet-2,6-

IUPAC Name

xylidide

CAS No 67129-08-2

Common Name,

CIPAC No 411

Identification

Metazachlor

Numbers

“223

No

For the implementation of the uniform principles of

Conditions of use shall include, where appropriate,

Hydrolysed proteins of animal origin must be in

that information to the Commission within six

months from the notification of such a classification

hydrolysed proteins (SANCO/2615/2008) and in

particular Appendices I and II thereof, as finalised in

cancer. They shall ensure that the notifiers provide

Annex VI, the conclusions of the review report on

Animal Health shall be taken into account.

the Standing Committee on the Food Chain and

compliance with Regulation (EC) No 1774/2002.

Only uses as attractant may be authorised.

risk mitigation measures.”; and

Specific provisions

Specific provisions

decision.”;

PART A

PART B

of inclusion

of inclusion

Expiration

Expiration

31 August

1 September

Entry into

Entry into

Page 5 of 9

(g) for item 240 there shall be substituted the following

force

force

Review report

(SANCO/2615/

Purity

Purity

2008)

IUPAC Name

IUPAC Name

Not available

allocated CIPAC No

Hydrolysed proteins

Common Name,

Common Name,

Identification

Identification

CAS No: not

not allocated

Numbers

Numbers

“240

No

No

where appropriate, such as buffer zones, reduction of

substance per hectare per application and for a

In this overall assessment Member States shall pay

- the protection of aquatic organisms: conditions of

authorisation shall include risk mitigation measures,

authorised at rates not exceeding 0,25 kg active

- the operator safety: conditions of use shall

methomyl, and in particular Appendices I and II

the Food Chain and Animal Health on 12 June 2009

Annex VI, the conclusions of the review report on

thereof, as finalised in the Standing Committee on

For the implementation of the uniform principles of

exposure of operators using knapsacks or other hand-

particular bees: risk mitigation measures to avoid all

Only uses as insecticide on vegetables may be

prescribe the use of adequate personal protective

equipment. Special attention shall be paid to the

- the protection of non-target arthropods, in

Authorisations shall be limited to professional users.

maximum of 2 applications per season.

contact with bees shall be applied.

run-off and drift reduction nozzles;

held application equipment;

shall be taken into account.

- the protection of birds;

particular attention to

Specific provisions

(h) immediately after item 298 “Tetraconazole” there shall be added the following new items

PART A

PART B

of inclusion

Expiration

31 August

1 September

Entry into

Page 6 of 9

force

 980 g/kg

Purity

(methylcarbamoyloxy)thi

S-methyl (EZ)-N-

IUPAC Name

oacetimidate

CAS No 16752-77-50

Common Name,

CIPAC No: 264

Identification

Methomyl

Numbers

“299

No

the review report on paraffin oils CAS No 64742-46-

verify the compliance with purity criteria of

the review report on paraffin oil 8042-47-5, and in

particular Appendices I and II thereof, shall be taken

uniform principles of Annex VI, the conclusions of

where appropriate, risk mitigation measures. The

— the submission of the specification of the

technical material as commercially manufactured to

uniform principles of Annex VI, the conclusions of

Where appropriate, conditions of authorisation shall

authorised. PART B For the implementation of the

7, CAS No 72623-86-0 and CAS No 97862-82-3,

— The submission of the specification of the

formulations contain effective repelling and/or

Only uses as insecticide and acaricide may be

taken into account. Conditions of use shall include,

Only uses as insecticide and acaricide may be

authorised. PART B For the implementation of the

and in particular Appendices I and II thereto shall be

European Pharmacopoeia. 6.0. They shall ensure that

the notifiers provides such information to the

into account. Conditions of use shall include, where

Member States shall ensure that methomyl-based

The Member States concerned shall request

include further risk mitigation measures.

Member States concerned shall request

appropriate, risk mitigation measures.

Commission by 30 June 2010.

Specific provisions

emetic agents.

PART A

PART A

of inclusion

Expiration

December

December

1 January 2010

1 January 2010

Entry into

Page 7 of 9

force

Pharmacopoeia

Pharmacopoeia

European

European

Purity

Malta Government Gazette — Legal Notice 2010 120 — Plant Protection Products (Amendment) Regulations, 2010

0

6.0

IUPAC Name

paraffin oil

paraffin oil

CAS No 64742-46-7

CAS No 72623-86-0

CAS No 97862-82-3

CAS No 8042-47-5

Common Name,

CIPAC No n.a.

CIPAC No n.a.

Identification

Paraffin oils

Paraffin oil

Numbers

No

Annex VI, the conclusions of the review report on

cyflufenamid, and in particular Appendices I and II

Annex VI, the conclusions of the review report on 2-

For the implementation of the uniform principles of

soil and/or climatic conditions. Conditions of

authorisation shall include risk mitigation measures,

For the implementation of the uniform principles of

active substance is applied in regions with vulnerable

verify the compliance with purity criteria of

European Pharmacopoeia. 6,0 They shall ensure that

the notifier provides such information to the

attention to the protection of groundwater, when the

Only uses as a post-harvest fungicide for indoor use

2009 shall be taken into account. In this overall

assessment Member States must pay particular

thereof, as finalised in the Standing Committee on

2009 shall be taken into account. In this overall

assessment Member States must pay particular

phenylphenol, and in particular Appendices I and II

thereof, as finalised in the Standing Committee on

the Food Chain and Animal Health on 27 November

technical material as commercially manufactured to

the Food Chain and Animal Health on 2 October

in closed drench chambers may be authorised.

Only uses as fungicide may be authorised.

Commission by 30 June 2010.

Specific provisions

where appropriate.

PART A

PART A

PART B

PART B

of inclusion

Expiration

December

31 March

1 January 2010

1 April 2010

Entry into

Page 8 of 9

force

> 980 g/kg

 998 g/kg

Purity

(trifluoromethyl)benzyl]-

(cyclopropylmethoxyimi

no) – 2,3-difluoro-6-

2-phenylacetamide

IUPAC Name

biphenyl-2-ol

(Z)-N-[-

CAS No 180409-60-3

salt) CAS No 90-43-7

such as the sodium

(including its salts

Common Name,

CIPAC No: 759

2-phenylphenol

CIPAC No 246

Identification

Cyflufenamid

Numbers

No

B

2-

ensure that the notifier submits to the Commission

system shall ensure that a local risk assessment is

carried out. The Member States concerned shall

permitting the release of waste water into the sewage

phenylhydroquinone (PHQ) on citrus peel. They

2011. The Member States concerned shall ensure

that the notifier submits to the Commission further

remaining after application, including the cleaning

water of the drenching system. Member States

shall ensure that the notifier provides such

information to the Commission by 31 December

management practices to handle the waste solution

further information on the potential for skin

information to confirm that the analytical method

residues of 2-phenylphenol, PHQ and their

conjugates. They shall ensure that the notifier

provides such information to the Commission by 31

attention to put in place appropriate waste

depigmentation for workers and consumers due to

applied in residue trials correctly quantifies the

metabolite

the

to

exposure

Specific provisions

December 2011.” .

possible

of inclusion

Expiration

Entry into

Page 9 of 9

force

Purity

IUPAC Name

Common Name,

Identification

Numbers

No

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