Regulations, 2010

L.N. 448 of 2010

PESTICIDES CONTROL ACT

(CAP. 430)

Plant Protection Products (Amendment) (No. 4)

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 :-

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

Products (Amendment) (No. 4) 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 2010/21/EU amending Annex I to Council

Directive 91/414/EEC as regards the specific provisions relating to

clothianidin, thiamethoxam, fipronil and imidacloprid.

Schedule I to the principal regulations shall be amended

as follows: -

(a) in item 123, relating to Clothianidin, in the column

“Specific Provisions”, Part A shall be substituted as follows

“PART A

Only uses as insecticide may be authorised.

For the protection of non target organisms, in

particular honey bees, for use as seed treatment

- the seed coating shall only be performed in

professional seed treatment facilities. Those facilities

must apply the best available techniques in order to

ensure that the release of dust during application to the

seed, storage, and transport can be minimised;

B

- adequate seed drilling equipment shall be

used to ensure a high degree of incorporation in

soil, minimisation of spillage and minimisation of

dust emission.

Member States shall ensure that

- the label of the treated seed includes

the indication that the seeds were treated with

clothianidin and set out by the risk mitigation

measures provided for in the authorisation;

- the conditions of the authorisation, in

particular for spray applications, include, where

appropriate, risk mitigation measures to protect

honey bees;

- monitoring programmes are initiated

to verify the real exposure of honey bees to

clothianidin in areas extensively used by bees

for foraging or by beekeepers, where and as

appropriate.”;

(b) in item 142, relating to Thiamethoxam, in the

column “Specific provisions”, Part A shall be substituted

as follows

“ PART A

Only uses as insecticide may be authorised.

For the protection of non target organisms, in

particular honey bees, for use as seed treatment

- the seed coating shall only be

performed in professional seed treatment

facilities. Those facilities must apply the best

available techniques in order to ensure that

the release of dust during application to the

seed, storage, and transport can be minimised;

- adequate seed drilling equipment

shall be used to ensure a high degree of

incorporation in soil, minimisation of spillage

and minimisation of dust emission.

B

Member States shall ensure that

- the label of the treated seed includes

the indication that the seeds were treated with

thiametoxam and set out by the risk mitigation

measures provided for in the authorisation;

- the conditions of the authorisation, in

particular for spray applications, include, where

appropriate, risk mitigation measures to protect

honey bees;

- monitoring programmes are initiated

to verify the real exposure of honey bees to

thiametoxam in areas extensively used by bees

for foraging or by beekeepers, where and as

appropriate.”;

(c) in item 163, relating to Fipronil, in the column

“Specific provisions” –

(i) Part A shall be substituted as follows

“PART A

Only uses as insecticide for use as seed

treatment may be authorised.

For the protection of non target organisms, in

particular honey bees

- the seed coating shall only be

performed in professional seed treatment

facilities. Those facilities must apply the best

available techniques in order to ensure that

the release of dust during application to the

seed, storage, and transport can be minimised;

- adequate seed drilling equipment

shall be used to ensure a high degree of

incorporation in soil, minimisation of spillage

and minimisation of dust emission.

Member States shall ensure that

B

- the label of the treated seed includes the

indication that the seeds were treated with fipronil

and set out by the risk mitigation measures

provided for in the authorisation;

- monitoring programmes are initiated to

verify the real exposure of honey bees to fipronil in

areas extensively used by bees for foraging or by

beekeepers, where and as appropriate.”; and

(ii) in Part B the following words shall be deleted

“- the use of adequate equipment ensuring

a high degree of incorporation in soil and a

minimisation of spillage during application.”; and

(d) in item 222, relating to Imidacloprid, in the

column “Specific provisions” –

(i) Part A shall be substituted as follows

“PART A

Only uses as insecticide may be authorised.

For the protection of non target organisms,

in particular honey bees and birds, for use as seed

treatment

- the seed coating shall only be

performed in professional seed treatment

facilities. Those facilities must apply the best

available techniques in order to ensure that

the release of dust during application to the

seed, storage and transport can be minimised.

- adequate seed drilling equipment

shall be used to ensure a high degree of

incorporation in soil, minimisation of spillage

and minimisation of dust emission.

Member States shall ensure that

- the label of treated seed includes the

indication that the seeds were treated with

B

imidacloprid and set out by the risk mitigation

measures provided for in the authorisation;

- the conditions of the authorisation,

in particular for spray applications, include,

where appropriate, risk mitigation measures

to protect honey bees;

-monitoring programmes are initiated

to verify the real exposure of honey bees to

imidacloprid in areas extensively used by

bees for foraging or by beekeepers, where and

as appropriate.”; and

(ii) in Part B thereof, the following words

shall be deleted

“-the conditions of the authorisation,

in particular for spray applications, include,

where appropriate, risk mitigation measures

to protect honey bees;”.

B

B

€0.56