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Sustainable Use of Pesticides (Amendment No 2) Regulations, 2019
Table of Provisions (6)
Statutory Text (6 Articles)
L.N. 319 of 2019
PESTICIDES CONTROL ACT
(CAP. 430)
Sustainable Use of Pesticides (Amendment No 2) Regulations, 2019
IN EXERCISE of the powers conferred by articles 4 and 5 of the
Pesticides Control Act, the Minister responsible for the Environment,
Sustainable Development and Climate Change, in consultation with
the Minister for Health, has made the following regulations:-
The title of these regulations is the Sustainable Use of Title.
Pesticides (Amendment No 2) Regulations, 2019 and these regulations
shall be read and construed as one with the Sustainable Use of S.L. 430.08.
Pesticides Regulations, hereinafter referred to as "the principal
regulations".
Sub-regulation (2) of regulation 1 of the principal Amends
regulation 1 of
regulations shall be substituted by the following
the principal
regulations.
"(2) 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
and Commission Directive (EU) 2019/782 of 15 May 2019
amending Directive 2009/128/EC of the European Parliament
and of the Council as regards the establishment of harmonised
risk indicators.".
Sub-regulation (1) of regulation 14 of the principal Amends
regulation 14 of
regulations shall be substituted by the following
the principal
regulations.
"(1) Harmonised risk indicators as established in Schedule
IV shall be made use of, provided that the Director may continue
to use existing national indicators or adopt other appropriate
indicators in addition to the harmonised ones.".
Immediately after regulation 14 of the principal regulations Adds new
regulation 14A
there shall be added the following new regulation
to the principal
regulations.
" Director shall
The
Director
shall
request
request
information as information related to quantities of substances
contained in pesticides placed on the market or
deemed
necessary.
other information as deemed necessary to
achieve the objectives of these regulations.".
5. Schedule IV of the principal regulations shall be substituted Substitutes
Schedule IV of
by the following
the principal
regulations.
"Schedule IV
SECTION 1
Harmonised Risk Indicators
The harmonised risk indicators are listed in Sections
2 and 3 of this Schedule
SECTION 2
Harmonised Risk Indicator 1: Hazard-based Harmonised Risk Indicator based
on the quantities of active substances placed on the market in plant protection
products under Regulation (EC) No 1107/2009
1. This indicator shall be based on statistics on the quantities of active substances
placed on the market in plant protection products under Regulation (EC) No
1107/2009, provided to the Commission (Eurostat) under Annex I (Statistics on
the placing on the market of pesticides) of Regulation (EC) No 1185/2009.
Those data are categorised into 4 Groups, which are divided into 7 Categories.
2. The following general rules shall apply for the calculation of Harmonised Risk
Indicator 1
(a)
the Harmonised Risk Indicator 1 shall be calculated on the basis of
the categorisation of active substances into the 4 Groups and 7
Categories set out in Table 1;
(b)
the active substances in Group 1 (categories A and B) shall be
those listed in Part D of the Annex to Commission Implementing
Regulation (EU) No 540/2011;
(c)
the active substances in Group 2 (categories C and D) shall be
those listed in Parts A and B of the Annex to Implementing
Regulation (EU) No 540/2011;
(d)
the active substances in Group 3 (categories E and F) shall be
those listed in Part E of the Annex to Implementing Regulation
(EU) No 540/2011;
(e)
the active substances in Group 4 (category G) shall be those not
approved under Regulation (EC) No 1107/2009, and therefore not
listed in the Annex to Implementing Regulation (EU) No 540/
2011;
(f)
the weightings in row (vi) in Table 1 shall apply.
3. Harmonised Risk Indicator 1 shall be calculated by multiplying the annual
quantities of active substances placed on the market for each Group in Table 1
by the relevant hazard weighting set out in Row (vi), followed by the
aggregation of the results of these calculations.
4. The quantities of active substances placed on the market for each Group and
Category in Table 1 may be calculated.
Table 1
Categorisation of active substances and hazard weightings for the purpose
of calculating Harmonised Risk Indicator 1
Row
Groups
(i)
Low-risk active substances
Active substances approved
Active substances approved or
Active
which are approved or
or deemed to be approved
deemed to be approved under
substances
deemed to be approved
under Regulation (EC) No
Article 24 of Regulation (EC) No
which are not
under Article 22 of
1107/2009, and not falling
1107/2009, which are candidates
approved under
Regulation (EC) No 1107/
in other categories, and
for substitution, and which are
Regulation (EC)
2009, and which are listed
which are listed in Parts A
listed in Part E of the Annex to
No 1107/2009,
in Part D of the Annex to
and B of the Annex to
Implementing Regulation (EU) No
and therefore
Implementing Regulation
Implementing Regulation
540/2011
which are not
(EU) No 540/2011
(EU) No 540/2011
listed in the
Annex to
Implementing
Regulation (EU)
No 540/2011
(ii)
Categories
(iii)
A
B
C
D
E
F
G
(iv)
Micro-
Chemical
Micro-
Chemical
Which are not
Which are
organisms
active
organisms
active
classified as
classified as
substances
substances
Carcinogenic
Carcinogenic
Category 1A or
Category 1A or
1B
1B
and/or
and/or
Toxic for
Toxic for
Reproduction
Reproduction
Category 1A or
Category 1A or
1B
1B
and/or
and/or
Endocrine
Endocrine
disruptors
disruptors,
where
exposure of
humans is
negligible
(v)
Hazard Weightings applicable to quantities of active substances placed on the market in products authorised under
Regulation (EC) No 1107/2009
(vi)
5. The baseline for Harmonised Risk Indicator 1 shall be set at 100 and is equal to
the average result of the above calculation for the period 2011-2013.
6. The result of Harmonised Risk Indicator 1 shall be expressed by reference to
the baseline.
7. It shall be the duty of The Authority to calculate and publish the Harmonised
Risk Indicator 1 in accordance with Article 15(2) and 15(4) of Directive 2009/
128/EC for each calendar year and at the latest 20 months after the end of the
year for which the Harmonised Risk Indicator 1 is being calculated.
SECTION 3
Harmonised Risk Indicator 2: Harmonised Risk Indicator based on
the number of authorisations granted under
Article 53 of Regulation (EC) No 1107/2009
1. This indicator shall be based on the number of authorisations granted for plant
protection products under Article 53 of Regulation (EC) No 1107/2009 as
communicated to the Commission in accordance with Article 53(1) of that
Regulation. Those data are categorised into 4 Groups, which are divided into 7
Categories.
2. The following general rules shall apply for the calculation of the Harmonised
Risk Indicator 2
(a)
the Harmonised Risk Indicator 2 shall be based on the number of
authorisations granted under Article 53 of Regulation (EC) No
1107/2009. It shall be calculated on the basis of the categorisation
of active substances into the 4 Groups and 7 Categories set out in
Table 2 of this Section;
(b)
the active substances in Group 1 (categories A and B) are listed in
Part D of the Annex to Implementing Regulation (EU) No 540/
2011;
(c)
the active substances in Group 2 (categories C and D) are those
listed in Parts A and B of the Annex to Implementing Regulation
(EU) No 540/2011;
(d)
the active substances in Group 3 (categories E and F) shall be
those listed in Part E of the Annex to Implementing Regulation
(EU) No 540/2011;
(e)
the active substances in Group 4 (category G) shall be those not
approved under Regulation (EC) No 1107/2009, and therefore not
listed in the Annex to Implementing Regulation (EU) No 540/
2011;
(f)
the weightings in row (vi) in Table 2 of this Section shall apply.
3. The Harmonised Risk Indicator 2 shall be calculated by multiplying the
number of authorisations granted for plant protection products under Article 53
of Regulation (EC) No 1107/2009 for each Group in Table 2 by the relevant
hazard weighting set out in Row (vi), followed by the aggregation of the results
of these calculations.
Table 2
Categorisation of active substances and hazard weightings for the purpose of
calculating Harmonised Risk Indicator 2
Row
Groups
(i)
Low-risk active substances
Active substances approved
Active substances approved or
Active
which are approved or
or deemed to be approved
deemed to be approved under
substances
deemed to be approved
under Regulation (EC) No
Article 24 of Regulation (EC) No
which are not
under Article 22 of
1107/2009, and not falling
1107/2009, which are candidates
approved under
Regulation (EC) No 1107/
in other categories, and
for substitution, and which are
Regulation (EC)
2009, and which are listed
which are listed in Parts A
listed in Part E of the Annex to
No 1107/2009,
in Part D of the Annex to
and B of the Annex to
Implementing Regulation (EU)
and therefore
Implementing Regulation
Implementing Regulation
No 540/2011
which are not
(EU) No 540/2011
(EU) No 540/2011
listed in the
Annex to
Implementing
Regulation (EU)
No 540/2011
(ii)
Categories
(iii)
A
B
C
D
E
F
G
(iv)
Micro-
Chemical
Micro-
Chemical
Which are not
Which are
organisms
active
organisms
active
classified as
classified as
substances
substances
Carcinogenic
Carcinogenic
Category 1A
Category 1A
or 1B
or 1B
and/or
and/or
Toxic for
Toxic for
Reproduction
Reproduction
Category 1A
Category 1A
or 1B
or 1B
and/or
and/or
Endocrine
Endocrine
disruptors
disruptors
where
exposure of
humans is
negligible
(v)
Hazard Weightings applicable to the number of authorisations granted under Article 53 of Regulation (EC) No 1107/
(vi)
4. The baseline for Harmonised Risk Indicator 2 shall be set at 100 and is equal to
the average result of the above calculation for the period 2011-2013.
5. The result of the Harmonised Risk Indicator 2 shall be expressed by reference
to the baseline.
6. It shall be the duty of The Authority to calculate and publish the Harmonised
Risk Indicator 2 in accordance with Article 15(2) and 15(4) of Directive 2009/
128/EC for each calendar year and at the latest 20 months after the end of the
year for which Harmonised Risk Indicator 2 is being calculated.".
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