SUSTAINABLE USE OF PESTICIDES REGULATIONS

SUBSIDIARY LEGISLATION 430.08

SUSTAINABLE USE OF PESTICIDES

REGULATIONS

26th November, 2011 *

LEGAL NOTICE 489 of 2011, as amended by Legal Notices 163 and 319

of 2019.

(1) The title of these regulations is the Sustainable Use of

Pesticides 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..

(3) 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.

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

protection products as defined in regulation 2.

(5) 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.

SUSTAINABLE USE OF PESTICIDES

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;

"herbicides" means plant protection products used to control

unwanted plants

"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

*see regulation 1(2) of these regulations, as originally promulgated.

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 Protection Products

(Implementation) Regulations;

(b) a biocidal product as defined in the Biocides

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

m e a n i n g a s t h a t p r o v i d e d i n t h e Wa t e r P o l i c y F r a m e w o r k

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 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

SUSTAINABLE USE OF PESTICIDES

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 hum an health, non-target organism s 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,

distributors and advisors have access to appropriate

training by bodies designated by the competent

a u t h o r i t y. T h i s s h a l l c o n s i s t o f b o t h i n i t i a l a n d

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.

Substituted by

L.N. 319 of 2019.

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

Groups

(i)

Low-risk active substances

Active substances

Active substances approved or

Active

which are approved or

approved or deemed to be

deemed to be approved under

substances

deemed to be approved

approved under Regulation

Article 24 of Regulation (EC) No

which are not

under Article 22 of

(EC) No 1107/2009, and

1107/2009, which are candidates

approved under

Regulation (EC) No 1107/

not falling in other

for substitution, and which are

Regulation

2009, and which are listed

categories, and which are

listed in Part E of the Annex to

(EC) No 1107/

in Part D of the Annex to

listed in Parts A and B of

Implementing Regulation (EU)

2009, and

Implementing Regulation

the Annex to

No 540/2011

therefore which

(EU) No 540/2011

Implementing Regulation

are not listed in

(EU) No 540/2011

the Annex to

Implementing

Regulation

(EU) No 540/

SUSTAINABLE USE OF PESTICIDES

(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 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

Groups

(i)

Low-risk active

Active substances

Active substances approved or

Active

substances which are

approved or deemed to be

deemed to be approved under

substances

approved or deemed to

approved under

Article 24 of Regulation (EC)

which are not

be approved under

Regulation (EC) No

No 1107/2009, which are

approved under

Article 22 of Regulation

1107/2009, and not

candidates for substitution, and

Regulation

(EC) No 1107/2009, and

falling in other

which are listed in Part E of the

(EC) No 1107/

which are listed in Part D

categories, and which are

Annex to Implementing

2009, and

of the Annex to

listed in Parts A and B of

Regulation (EU) No 540/2011

therefore which

Implementing

the Annex to

are not listed in

Regulation (EU) No 540/

Implementing Regulation

the Annex to

(EU) No 540/2011

Implementing

Regulation

(EU) No 540/

(ii)

Categories

SUSTAINABLE USE OF PESTICIDES

(iii)

A

B

C

D

E

F

G

(iv)

Micro-

Chemical

Micro-

Chemical

Which are

Which are

organisms

active

organisms

active

not classified

classified as

substances

substances

as

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

1107/2009

(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.

(1) The Director shall ensure that distributors have

sufficient staff in their employment holding a certificate referred to

in 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 litres.

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.

SUSTAINABLE USE OF PESTICIDES

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) 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

SUSTAINABLE USE OF PESTICIDES

presumed to comply with the essential health and

safety and environmental requirements.

(5) Professional users shall conduct regular calibrations and

technica l che cks o f the pestic i de a pp li c a t io n e q u ip m e nt i n

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

s p r a y i n g a n d t h e t y p e o f pe s t i c i d e , i n a c c o r d a n c e w i th t h e

applicable national or Community law.

The Director may include in the National Action Plan

provisions on informing persons who could be exposed to the spray

drift.

(1) The Director shall ensure that appropriate measures to

protect the aquatic environment and drinking water supplies from

the impact of pesticides are adopted. Those measures shall support

and be compatible with relevant provisions of the Water Policy

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

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 containing priority hazardous

substances as set out in the Water 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.

(1) The Director shall, having due regard for the necessary

hygiene and public health requirements and biodiversity, or the

resu lts of rel evant risk assessm ents, ensure that the u se 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 maybe

l aid do wn in g uid ance do cum ent prov id ed by th e Di rect or.

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, playgrounds, pavements in civil areas,

cemeteries, child care centres 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, the Flora, Fauna and Natural Habitats

Protection Regulations and the Trees and Woodlands

Protection Regulations;

(c) recently treated areas used by or accessible to

agricultural workers;

(d) roundabouts and central strips.

(2) Herbicides shall not be used in the areas listed in regulation

(1)(a) and (1)(d)

Provided that when advised by the Pesticides Control Board,

the Director may, authorise the controlled use of such herbicides for

the removal of invasive species subject to the Flora, Fauna and Natural

Habitats Protection Regulations, the Trees and Woodlands Protection

Regulations and the Control of Invasive Alien Species of European

Union Concern Regulations, as deemed necessary.

(1) The Director shall adopt the necessary measures to

ensure that the following operations by professional users and

where applicable by distributors do not endanger human health or

the environment

(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

promote low pesticide-input pest management, giving wherever

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)

a n d , i n p a r t i c u l a r, w h e t h e r t h e n e c e s s a r y c o n d i t i o n s f o r

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 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.

(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 Director shall request information related to quantities of

substances contained in pesticides placed on the market or other

information as deemed necessary to achieve the objectives of these

regulations.

The penalties applicable for infringement of the provisions

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

Act.

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

have been incurred by the Authority in the provision all the

services 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) s hall be established i n a t ran spa re nt m ann er an d sha ll

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.

SUSTAINABLE USE OF PESTICIDES