Sustainable Use of Pesticides Regulations, 2011

L.N. 489 of 2011

PESTICIDES CONTROL ACT

(CAP. 430)

Sustainable Use of Pesticides Regulations, 2011

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

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

after 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 Sustainable Use

of Pesticides Regulations, 2011.

(2) These regulations shall be deemed to have come into force

on the 26 November 2011.

(3) The scope of these regulations is to transpose Directive

2009/128/EC of the European Parliament and of the Council of 21

October 2009 establishing a framework for Community action to

achieve the sustainable use of pesticides.

(4) These regulations concern the authorization, placing on the

market, use and control of plant protection products in commercial

form and the placing on the market and control of active substances

intended for a use specified in regulation 2.

(5) These regulations shall apply to pesticides that are plant

protection products as defined in regulation 2.

(6) The provision of these regulations shall not prevent the

Director from applying the precautionary principle in restricting or

prohibiting the use of pesticides in specific circumstances or areas.

Training subjects referred to in regulation 4

1. All relevant legislation regarding pesticides and their use.

2. The existence and risks of illegal (counterfeit) plant protection products,

and the methods to identify such products.

3. The hazards and risks associated with pesticides, and how to identify

and control them, in particular

(a)

risks to humans (operators, residents, bystanders, people entering

treated areas and those handling or eating treated items) and how factors such

as smoking exacerbate these risks;

(b)

symptoms of pesticide poisoning and first aid measures;

(c)

risks to non-target plants, beneficial insects, wildlife, biodiversity

and the environment in general.

4. Notions on integrated pest management strategies and techniques,

integrated crop management strategies and techniques, organic farming principles,

biological pest control methods, information on the general principles and crop or

sector-specific guidelines for integrated pest management.

5. Initiation to comparative assessment at user level to help professional

users make the most appropriate choices on pesticides with the least side effects on

human health, non-target organisms and the environment among all authorised

products for a given pest problem, in a given situation.

6. Measures to minimise risks to humans, non-target organisms and the

environment: safe working practices for storing, handling and mixing pesticides,

and disposing of empty packaging, other contaminated materials and surplus

pesticides (including tank mixes), whether in concentrate or dilute form;

recommended way to control operator exposure (personal protection equipment).

7. Risk-based approaches which take into account the local water

extraction variables such as climate, soil and crop types, and relieves.

8. Procedures for preparing pesticide application equipment for work,

including its calibration, and for its operation with minimum risks to the user, other

humans, non-target animal and plant species, biodiversity and the environment,

including water resources.

9. Use of pesticide application equipment and its maintenance, and

specific spraying techniques (e.g. low-volume spraying and low-drift nozzles), as

well as the objectives of the technical check of sprayers in use and ways to

improve spray quality. Specific risks linked to use of handheld pesticide

application equipment or knapsack sprayers and the relevant risk management

measures.

10. Emergency action to protect human health, the environment including

water resources in case of accidental spillage and contamination and extreme

weather events that would result in pesticide leaching risks.

11. Special care in protection areas established under regulations 6 and 7 of

trhe Water Policy Framework Regulations.

12. Health monitoring and access facilities to report on any incidents or

suspected incidents.

13. Record keeping of any use of pesticides, in accordance with the relevant

legislation.

For the purpose of these regulations, the following

definitions shall apply

"the Act" means the Pesticides Control Act;

"advisor" means any person who has acquired adequate

knowledge and advises on pest management and the safe use of

pesticides, in the context of a professional capacity or commercial

service, including private self-employed and public advisory services,

commercial agents, food producers and retailers where applicable;

"distributor" means any natural or legal person who makes a

pesticide available on the market, including wholesalers, retailers,

vendors and suppliers;

"integrated pest management" means careful consideration of

all available plant protection methods and subsequent integration of

appropriate measures that discourage the development of populations

of harmful organisms and keep the use of plant protection products

and other forms of intervention to levels that are economically and

ecologically justified and reduce or minimise risks to human health

and the environment. Integrated pest management emphasises the

growth of a healthy crop with the least possible disruption to agro-

ecosystems and encourages natural pest control mechanisms;

"non-chemical methods" means alternative methods to chemical

pesticides for plant protection and pest management, based on

agronomic techniques such as those referred to in point 1 of Schedule

III, or physical, mechanical or biological pest control methods;

"pesticide" means

(a)

a plant protection product as defined in Regulation

(EC) No 1107/2009 concerning the placing of plant protection

products on the market and repealing Council Directives 79/

117/EEC and 91/414/EEC as implemented by the Plant S.L. 430.07

Protection Products (Implementation) Regulations;

(b) a biocidal product as defined in the Biocides S.L. 430.03

Regulations.

"pesticide application equipment" means any apparatus

specifically intended for the application of pesticides, including

accessories that are essential for the effective operation of such

equipment, such as nozzles, manometers, filters, strainers and

cleaning devices for tanks;

"professional user" means any person who uses pesticides in the

course of their professional activities, including operators,

technicians, employers and self-employed people, both in the farming

and other sectors;

"risk indicator" means the result of a method of calculation that

is used to evaluate risks of pesticides on human health and, or the

environment;

"spraying" means application of pesticides from an aircraft,

whether by plane or by helicopter;

the terms "surface water" and "groundwater" have the same

meaning as that provided in the Water Policy Framework S.L. 423.20

Regulations.

Health and safety and environmental requirements relating

to the inspection of pesticide application equipment

The inspection of pesticide application equipment shall cover all aspects

important to achieve a high level of safety and protection of human health and the

environment. Full effectiveness of the application operation should be ensured by

proper performance of devices and functions of the equipment to guarantee the

following objectives are met.

The pesticide application equipment must function reliably and be used

properly for its intended purpose ensuring that pesticides can be accurately dosed

and distributed. The equipment must be in such a condition as to be filled and

emptied safely, easily and completely and prevent leakage of pesticides. It must

permit easy and thorough cleaning. It must also ensure safe operations, and be

controlled and capable of being immediately stopped from the operator’s seat.

Where necessary, adjustments must be simple, accurate and capable of being

reproduced.

Particular attention should be paid to

1. Power transmission parts

The power take-off driveshaft guard and the guard of the power input

connection shall be fitted and in good condition and the protective devices

and any moving or rotating power transmission parts shall not be affected in

their function so as to ensure protection of the operator.

2. Pump

The pump capacity shall be suited to the needs of the equipment and the

pump must function properly in order to ensure a stable and reliable

application rate. There shall be no leakages from the pump.

3. Agitation

Agitation devices must ensure a proper recirculation in order to achieve

an even concentration of the whole volume of the liquid spray mixture in the

tank.

4. Spray liquid tank

Spray tanks including indicator of tank content, filling devices, strainers

and filters, emptying and rinsing systems, and mixing devices shall operate

in such a way as to minimise accidental spillage, uneven concentration

distribution, operator exposure and residual content.

5. Measuring systems, control and regulation systems

All devices for measuring, switching on and off and adjusting pressure

and, or flow rate shall be properly calibrated and work correctly and there

shall be no leakages. Control of pressure and operation of pressure

adjustment devices shall be easily possible during application. Pressure

adjustment devices shall maintain a constant working pressure at constant

revolutions of the pump, in order to ensure that a stable volume application

rate is applied.

6. Pipes and hoses

Pipes and hoses shall be in proper condition to avoid disturbance of

liquid flow or accidental spillage in case of failure. There shall be no

leakages from pipes or hoses when run with the maximum obtainable

pressure for the system.

7. Filtering

In order to avoid turbulence and heterogeneity in spray patterns, filters

shall be in good condition and the mesh size of the filters shall correspond to

the size of nozzles fitted on the sprayer. Where applicable the filter blockage

indication system shall operate correctly.

8. Spray boom (for equipment spraying pesticides by means of a

horizontally positioned boom, located close to the crop or the material to be

treated).

The spray boom must be in good condition and stable in all directions.

The fixation and adjustment systems and the devices for damping unintended

movements and slope compensation must work correctly.

9. Nozzles

Nozzles must work properly to control dripping when spraying stops.

To ensure homogeneity of the spray pattern, the flow rate of each individual

nozzle shall not deviate significantly from the data of the flow rate tables

provided by the manufacturer.

10. Distribution

The transverse and vertical (in case of applications in vertical crops)

distribution of the spray mixture in the target area must be even, where

relevant.

11. Blower (for equipment distributing pesticides by air assistance)

The blower must be in good condition and must ensure a stable and

reliable air stream.

(1) (a) The Director shall adopt a National Action Plan to

set up the quantitative objectives, targets, measures and timetables to

reduce risks and impacts of pesticide use on human health and the

environment and to encourage the development and introduction of

integrated pest management and of alternative approaches or

techniques in order to reduce dependency on the use of pesticides.

These targets may cover different areas of concern, for example

worker protection, protection of the environment, residues, use of

specific techniques or use in specific crops.

(b) The National Action Plan shall also include indicators to

monitor the use of plant protection products containing active

substances of particular concern, especially if alternatives are

available. The Director shall give particular attention to the plant

protection products containing active substances approved in

accordance with the Plant Protection Products Regulations which,

when subject to renewal of approval under Regulation (EC) No 1107/

2009 as implemented by the Plant Protection Products

(Implementation) Regulations, will not fulfil the criteria relevant for

approval laid down in Annex II, points 3.6 to 3.8 of that Regulation.

(c) On the basis of such indicators and taking into account

where applicable the risk or use reduction targets achieved already

prior to the application of these regulations, timetables and targets for

the reduction of use shall also be established, in particular if the

reduction of use constitutes an appropriate means to achieve risk

reduction with regard to priority items identified under regulation

14(2)(c). These targets may be intermediate or final. The Director

shall use all necessary means designed to achieve these targets.

(d) When drawing up and revising the National Action Plan,

the Director shall take account of the health, social, economic and

environmental impacts of the measures envisaged, of specific

national, regional and local conditions and all relevant stakeholder

groups. The Director shall describe in the National Action Plans how

measures pursuant to regulations 4 to 14 will be implemented in order

to achieve the objectives referred to in paragraph (a). The National

Action Plan shall take into account plans under other regulations on

the use of pesticides, such as planned measures under the Water

Policy Framework Regulations.

(2) By 26 November 2012, the Director shall communicate

Malta’s National Action Plan to the Commission and to other

Member States. The National Action Plan shall be reviewed at least

every five years and any substantial changes to National Action Plan

shall be reported to the Commission without undue delay.

(3) The provisions on public participation laid down in the

Plans and Programmes (Public Participation) Regulations shall apply S.L. 504.69

to the preparation and the modification of the National Action Plans.

General principles of integrated pest management

1. The prevention and, or suppression of harmful organisms should be

achieved or supported among other options especially by

-

crop rotation,

-

use of adequate cultivation techniques (e.g. stale seedbed

technique, sowing dates and densities, under-sowing, conservation tillage,

pruning and direct sowing),

-

use, where appropriate, of resistant/tolerant cultivars and

standard/certified seed and planting material,

-

use of balanced fertilisation, liming and irrigation/drainage

practices,

-

preventing the spreading of harmful organisms by hygiene

measures (e.g. by regular cleansing of machinery and equipment),

-

protection and enhancement of important beneficial organisms,

e.g. by adequate plant protection measures or the utilisation of ecological

infrastructures inside and outside production sites.

2. Harmful organisms must be monitored by adequate methods and tools,

where available. Such adequate tools should include observations in the field as

well as scientifically sound warning, forecasting and early diagnosis systems,

where feasible, as well as the use of advice from professionally qualified advisors.

3. Based on the results of the monitoring the professional user has to

decide whether and when to apply plant protection measures. Robust and

scientifically sound threshold values are essential components for decision

making. For harmful organisms threshold levels defined for the region, specific

areas, crops and particular climatic conditions must be taken into account before

treatments, where feasible.

4. Sustainable biological, physical and other non-chemical methods must

be preferred to chemical methods if they provide satisfactory pest control.

5. The pesticides applied shall be as specific as possible for the target and

shall have the least side effects on human health, non-target organisms and the

environment.

6. The professional user should keep the use of pesticides and other forms

of intervention to levels that are necessary, e.g. by reduced doses, reduced

application frequency or partial applications, considering that the level of risk in

vegetation is acceptable and they do not increase the risk for development of

resistance in populations of harmful organisms.

7. Where the risk of resistance against a plant protection measure is known

and where the level of harmful organisms requires repeated application of

pesticides to the crops, available anti-resistance strategies should be applied to

maintain the effectiveness of the products. This may include the use of multiple

pesticides with different modes of action.

8. Based on the records on the use of pesticides and on the monitoring of

harmful organisms the professional user should check the success of the applied

plant protection measures.

(1) (a) The Director shall ensure that all professional users, Training, sales

distributors and advisors have access to appropriate training by of

information and

bodies designated by the competent authority. This shall consist of awareness-

raising.

both initial and additional training to acquire and update knowledge

as appropriate.

(b) The training shall be designed to ensure that such users,

distributors and advisors acquire sufficient knowledge regarding the

subjects listed in Schedule I, taking account of their different roles

and responsibilities.

(2) Advisors holding a tertiary level of education in a subject

relevant to agronomy or have proven experience of a minimum of ten

years in a relevant area shall be deemed as fulfilling the requirements

of sub-regulation (1).

(3) By 26 November 2013, the Director shall establish

certification systems and the Authority shall be responsible for their

implementation. These certificates shall, as a minimum, provide

evidence of sufficient knowledge of the subjects listed in Schedule I

acquired by professional users, distributors and advisors either by

undergoing training or by other means. Certification systems shall

include requirements and procedures for the granting, renewal and

withdrawal of certificates.

Harmonised risk indicators

(1) The Director shall ensure that distributors have Requirements

sufficient staff in their employment holding a certificate referred to in for

pesticides.

regulation 4(3). Certificates mentioned in regulation 4(3) shall be

displayed at the point of sale. Such persons shall be available at the

time of sale to provide adequate information to customers as regards

pesticide use, health and environmental risks and safety instructions

to manage those risks for the products in question. Micro distributors

selling only products for non-professional use may be exempted, by

request in writing to the Director stating reasons why they should be

exempted, if they do not offer for sale pesticide formulations

classified as toxic, very toxic, carcinogenic, mutagenic or toxic for

reproduction pursuant to the Dangerous Substances Regulations.

(2) The Director shall take necessary measures to restrict sales

of pesticides authorised for professional use to persons holding a

certificate referred to in regulation 4(3).

(3) The Director shall require distributors selling pesticides to

non-professional users to provide general information in writing

regarding the risks for human health and the environment of pesticide

use, in particular on hazards, exposure, proper storage, handling,

application and safe disposal in accordance with Community

legislation on waste, as well as regarding low-risk alternatives. The

Director may require pesticide producers to provide such information.

The Director may require any information necessary to reach a

decision on the information being provided for in this sub-regulation.

(4) The measures provided for in sub-regulations (1) and (2)

shall be established by a Notice in the Gazette by the 26 November

2015.

Inspections of Pesticides Machinery.

1. The following pesticides machinery shall be exempted from inspections

referred to in regulation 7

(a)

manually operated hand held pesticide application equipment.

(b) manually operated knapsack sprayers with a tank capacity up to a

maximum of 20 liters.

2. Powered knapsack sprayers with a tank capacity up to 7 liters and an

engine power rating up to 2Hp shall be inspected as a minimum every 5 years.

Other powered knapsack sprayers shall be inspected as a minimum every 4 years

until 2020 and every 3 years thereafter.

3. Other pesticide application equipment not mentioned in paragraphs 1

and 2 of this Schedule shall be inspected as a minimum every 3 years until 2020

and every 2 years thereafter.

€1.62

(1) The Director shall take measures to inform the

general public and to promote and facilitate information and

awareness-raising programmes and the availability of accurate and

balanced information relating to pesticides for the general public, in

particular regarding the risks and the potential acute and chronic

effects for human health, non-target organisms and the environment

arising from their use, and the use of non-chemical alternatives.

(2) The Director shall put in place systems for gathering

information on pesticide acute poisoning incidents, as well as chronic

poisoning developments where available, among groups that may be

exposed regularly to pesticides such as operators, agricultural

workers or persons living close to pesticide application areas.

(1) Pesticide application equipment in professional use

shall be subject to inspections at regular intervals. The interval

between inspections shall not exceed five years until 2020 and shall

not exceed three years thereafter.

(2) By 26 November 2016, pesticide application equipment

shall have been inspected at least once. After this date only pesticide

application equipment having successfully passed inspection shall be

in professional use. New equipment shall be inspected at least once

within a period of five years after purchase.

(3) By way of derogation from sub-regulations (1) and (2) and,

following a risk assessment for human health and the environment

including an assessment of the scale of the use of the equipment, the

Director may

(a)

apply different timetables and inspection intervals to

pesticide application equipment not used for spraying

pesticides, to hand-held pesticide application equipment or

knapsack sprayers and to additional pesticide application

equipment that represent a very low scale of use, according to

Schedule V which shall be listed in the National Action Plan

provided for in regulation 3. The following additional pesticide

application equipment shall never be considered as constituting

a very low scale of use

(i)

spraying equipment mounted on trains or

aircraft;

(ii) boom sprayers larger than 3 m, including

boom sprayers that are mounted on sowing equipment;

(b) exempt from inspection hand-held pesticide

application equipment or knapsack sprayers. In this case the

Director shall ensure that operators have been informed of the

need to change regularly the accessories, of the specific risks

linked to that equipment, and that operators are trained for the

proper use of that application equipment in accordance with

regulation 4.

(4) (a)

The inspections shall verify that pesticide

application equipment satisfies the relevant requirements listed in

Schedule II, in order to achieve a high level of protection for human

health and the environment.

(b) Pesticide application equipment complying with

harmonised standards developed in accordance with regulation 8(2)

of the Machinery Regulations shall be presumed to comply with the S.L. 427.36

essential health and safety and environmental requirements.

(5) Professional users shall conduct regular calibrations and

technical checks of the pesticide application equipment in accordance

with the manufacturer’s recommendation and with the appropriate

training received as provided for in regulation 4.

(6) (a)

The Director shall designate bodies responsible for

implementing the inspection systems and inform the Commission

thereof. A list of designated bodies shall be made publicly available.

(b) The Director shall establish certificate systems designed to

allow the verification of inspections and recognise the certificates

granted in other Member States following the requirements referred

to in sub-regulation (4) and where the time period since the last

inspection carried out in another Member State is equal to or shorter

than the time period of the inspection interval applicable in its own

territory.

(c) The Director shall recognise the certificates issued in other

Member States provided that the inspection intervals referred to in

sub-regulation (1) are complied with.

(1) Without prejudice to sub-regulation (2), aerial

spraying shall be prohibited.

(2) On the advice of the Pesticides Control Board aerial

spraying may only be allowed in special cases, provided the

following conditions are met

(a)

there must be no viable alternatives, or there must be

clear advantages in terms of reduced impacts on human health

and the environment as compared with land-based application

of pesticides;

(b) the pesticides used must be explicitly approved for

aerial spraying by the Director following a specific assessment

addressing risks from aerial spraying;

(c)

the operator carrying out the aerial spraying must

hold a certificate as referred to in regulation 4(3). During the

transitional period where certification systems are not yet in

place, the Director may accept other evidence of sufficient

knowledge;

(d) the enterprise responsible for providing aerial spray

applications shall be certified by the Authority;

(e)

if the area to be sprayed is in close proximity to

areas open to the public, specific risk management measures to

ensure that there are no adverse effects on the health of

bystanders shall be included in the approval. The area to be

sprayed shall not be in close proximity to residential areas;

(f)

as from 2013, the aircraft shall be equipped with

accessories that constitute the best available technology to

reduce spray drift.

(3) (a)

The Authority shall establish the specific conditions

by which aerial spraying may be carried out, for examining requests

pursuant to sub-regulation (4) and for making public information on

crops, areas, circumstances and particular requirements for

application including weather conditions where aerial spraying may

be allowed.

(b) In the approval, the Authority shall specify the measures

necessary for warning residents and bystanders in due time and to

protect the environment in the vicinity of the area sprayed.

(4) (a)

A professional user wishing to apply pesticides by

aerial spraying shall submit a request for approval of an application

plan to the Authority accompanied by evidence to show that the

conditions referred to in sub-regulations (2) and (3) are fulfilled. The

request for application of aerial spraying in accordance with the

approved application plan shall be submitted, within ten working

days prior to the intended date of aerial spraying application, to the

Authority. It shall contain information about the provisional time of

spraying and the amounts and the type of pesticides applied.

(b) In particular circumstances such as emergency or specific

difficult situations, single requests for application of aerial spraying

may also be submitted for approval. Where justified, the Authority

shall have a possibility to apply an accelerated procedure in order to

verify that the conditions referred to in sub-regulations (2) and (3) are

fulfilled before the application of aerial spraying.

(5) The Director shall ensure that the conditions referred to in

sub-regulations (2) and (3) are met by conducting appropriate

monitoring.

(6) The Authority shall keep records of the requests and

approvals as referred to in sub-regulation (4) and shall make available

to the public the relevant information contained therein such as the

area to be sprayed, the provisional day and time of the spraying and

the type of pesticide, in accordance with the applicable national or

Community law.

The Director may include in the National Action Plan Information to

provisions on informing persons who could be exposed to the spray the public.

drift.

(1) The Director shall ensure that appropriate measures Specific

to protect the aquatic environment and drinking water supplies from measures

protect the

the impact of pesticides are adopted. Those measures shall support aquatic

environment

and be compatible with relevant provisions of the Water Policy and drinking

Framework Regulations and Regulation (EC) No 1107/2009 as water.

implemented by the Plant Protection Products Regulations.

(2) The measures provided in sub-regulation (1) shall include

(a)

giving preference to pesticides that are not classified

as dangerous for the aquatic environment pursuant to the

Dangerous Substances and Preparations Regulations, nor S.L. 427.28

containing priority hazardous substances as set out in the Water S.L. 423.20

Policy Framework Regulations;

(b) giving preference to the most efficient application

techniques such as the use of low-drift pesticide application

equipment especially in vertical crops such as hops and those

found in orchards and vineyards;

(c)

use of mitigation measures which minimise the risk

of off-site pollution caused by spray drift, drain-flow and run-

off. These shall include the establishment of appropriately-sized

buffer zones for the protection of non-target aquatic organisms

and safeguard zones for surface and groundwater used for the

abstraction of drinking water, where pesticides must not be used

or stored;

(d) reducing as far as possible or eliminating

applications on or along roads, railway lines, very permeable

surfaces or other infrastructure close to surface water or

groundwater or on sealed surfaces with a high risk of run-off

into surface water or sewage systems.

The Director shall, having due regard for the necessary

hygiene and public health requirements and biodiversity, or the

results of relevant risk assessments, ensure that the use of pesticides

is minimised or prohibited in certain specific areas. Pesticides should

be applied during periods of low human activity such as during night

time as deemed most appropriate and as may be laid down in

guidance document provided by the Director. Appropriate risk

management measures shall be taken and the use of low-risk plant

protection products as defined in Regulation (EC) No 1107/2009 as

implemented by the Plant Protection Products (Implementation)

Regulations, and biological control measures shall be considered in

the first place. The specific areas in question are

(a)

areas used by the general public or by vulnerable

groups as defined in Article 3 of Regulation (EC) No 1107/2009

as implemented by the Plant Protection Products

(Implementation) Regulations, such as public parks and

gardens, sports and recreation grounds, school grounds and

children’s playgrounds and in the close vicinity of healthcare

facilities;

(b) protected areas as defined in the Water Policy

Framework Regulations, or other areas identified for the

purposes of establishing the necessary conservation measures in

accordance with the provisions of the Conservation of Wild

Birds Regulations and the Flora, Fauna and Natural Habitats

Protection Regulations;

(c)

recently treated areas used by or accessible to

agricultural workers.

(1) The Director shall adopt the necessary measures to Handling and

ensure that the following operations by professional users and where storage

pesticides and

applicable by distributors do not endanger human health or the treatment

their packaging

environment

and remnants.

(a)

storage, handling, dilution and mixing of pesticides

before application;

(b)

handling of packaging and remnants of pesticides;

(c)

disposal

of

tank

mixtures

remaining

after

application;

(d)

cleaning of the equipment used after application;

(e)

recovery or disposal of pesticide remnants and their

packaging in accordance with Community legislation on waste.

(2) The Director shall take all necessary measures regarding

pesticides authorised for non-professional users to avoid dangerous

handling operations. These measures may include use of pesticides of

low toxicity, ready to use formulations and limits on sizes of

containers or packaging.

(3) Only pesticides mentioned in sub-regulation (2) may be

sold to the general public.

(4) The Director shall ensure that storage areas for pesticides

for professional use are constructed in such a way as to prevent

unwanted releases. Particular attention shall be paid to location, size

and construction materials.

(1) The Director shall take all necessary measures to Integrated pest

promote low pesticide-input pest management, giving wherever management.

possible priority to non-chemical methods, so that professional users

of pesticides switch to practices and products with the lowest risk to

human health and the environment among those available for the

same pest problem. Low pesticide-input pest management includes

integrated pest management as well as organic farming according to

the Organic Farming Regulations.

(2) The Director shall establish the necessary conditions for

the implementation of integrated pest management. In particular, the

Director shall ensure that professional users have at their disposal

information and tools for pest monitoring and decision making, as

well as advisory services on integrated pest management.

(3) By 30 June 2013, the Director shall report to the

Commission on the implementation of sub-regulations (1) and (2)

and, in particular, whether the necessary conditions for

implementation of integrated pest management are in place.

(4) The Director shall describe in the National Action Plan

how the general principles of integrated pest management as set out

in Schedule III will be implemented by all professional users by 1

January 2014.

(5) The Director shall establish appropriate incentives to

encourage professional users to implement crop or sector-specific

guidelines for integrated pest management on a voluntary basis.

Public authorities and, or organisations representing particular

professional users may draw up such guidelines. The Director shall

refer to those guidelines that are considered relevant and appropriate

in the National Action Plan.

(1) Harmonised risk indicators as referred to in

Schedule IV shall be established. However, the Director may continue

to use existing national indicators or adopt other appropriate

indicators in addition to the harmonised ones.

(2) The Director shall

(a)

calculate harmonised risk indicators as referred to in

sub-regulation (1) by using statistical data collected in

accordance with the Community legislation concerning

statistics on plant protection products together with other

relevant data;

(b) identify trends in the use of certain active

substances;

(c)

identify priority items, such as active substances,

crops, regions or practices, that require particular attention or

good practices that can be used as examples in order to achieve

the objectives of these regulations to reduce the risks and

impacts of pesticide use on human health and the environment

and to encourage the development and introduction of

integrated pest management and of alternative approaches or

techniques in order to reduce dependency on the use of

pesticides.

(3) The Director shall communicate the results of the

evaluations carried out pursuant to sub-regulation (2) to the

Commission and to other Member States and shall make this

information available to the public.

The penalties applicable for infringement of the provisions Penalties.

of these regulations shall be those provided for in article 9 of the Act.

(1) The Director may recover all the costs which would Fees and

have been incurred by the Authority in the provision all the services charges.

and, or the performance of all his functions arising out of these

regulations by means of a fee or charge.

(2) The fee or charge established by means of sub-regulation

(1) shall be established in a transparent manner and shall correspond

to the actual costs which would have been incurred by the Authority

in relation to the particular service furnished or the particular function

performed. The Director shall publish the list of fees and, or charges

in the Gazette.

(3) The Director shall determine who the person liable for the

payment of said fees and, or charges shall be. In reaching this

decision, the Director shall take into consideration who would have

requested the provision of the service and, or on whose request the

particular function would have been performed. Should there be a

violation of these regulations, the Director may also determine that

the person who would have been liable for such violation, in addition

to being liable to pay the costs in terms of sub-regulation (1), shall be

also liable for any damages and, or other costs which the Authority

would have had to incur as a consequence of such violation.

(4) All the payments stipulated in this regulation, including

the expenses incurred by the Authority in case of a violation of these

regulations, shall be considered as civil debts due to the Authority.