S.I. No. 12/1978 - European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978.

S.I. No. 12 of 1978.

EUROPEAN COMMUNITIES (SAMPLING AND ANALYSIS OF FERTILISERS) REGULATIONS, 1978.

I, JAMES GIBBONS, Minister for Agriculture, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Commission Directive No. 77/535/EEC, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978, and shall come into operation on the 1st day of February, 1978.

2. In these Regulations—

"Annex I" means Annex I to the directive;

"Annex II" means Annex II to the directive;

"the directive" means Commission Directive No. 77/535/EEC of 22 June, 1977¹;

"State Chemist" means the Head of the State Laboratory or a person authorised by him for the purposes of these Regulations.

3. (1) An authorised officer for the purposes of the European Communities (Marketing of Fertilisers) Regulations, 1978, shall when taking a sample either—

( a ) as a result of an application under Regulation 5 of those Regulations, or

( b ) in exercise of the powers conferred on him by Regulation 7 of those Regulations,

use the method described in Annex I.

(2) Where a sample taken pursuant to Regulation 7 of the European Communities (Marketing of Fertilisers) Regulations, 1978, is divided into final samples in accordance with Annex I, the person by whom the sample is taken shall deliver one such final sample to the appropriate person.

¹ OJ No. L 213/1, 23 August 1977

(3) In this Regulation "the appropriate person" means—

( a ) in relation to premises, any person who appears to the person taking the sample to be, for the time being, in control of the premises,

( b ) in relation to a railway wagon, vehicle, ship, vessel, aircraft or other thing used to transport, the person who appears to the person taking the sample to be the owner, the person who is for the time being in charge or the agent of such owner.

4. (1) where the State Chemist receives a sample transmitted in accordance with the requirements of Regulation 5 (3) or 7 (2) of the European Communities (Marketing of Fertilisers) Regulations, 1978, he shall cause the sample to be analysed in accordance with Annex II.

(2) Where an analysis is carried out in pursuance of paragraph (1) of this Regulation, the result of the analysis, in so far as it indicates the phosphorus, magnesium and potassium contents of the sample analysed, shall be expressed solely in the elemental form.

GIVEN under my Official Seal, this 19th day of January, 1978.

JAMES GIBBONS,

Minister for Agriculture.

EXPLANATORY NOTE.

The Regulations lay down official methods of sampling and analysis for fertilisers marketed under the designation "EEC fertiliser".