S.I. No. 594/2007 - European Communities (Prohibition of Certain Active Substances in Plant Protection Products) (Amendment) Regulations 2007


S.I. No. 594 of 2007

EUROPEAN COMMUNITIES (PROHIBITION OF CERTAIN ACTIVE SUBSTANCES IN PLANT PROTECTION PRODUCTS) (AMENDMENT) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st August, 2007.

I, MARY COUGHLAN, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 79/117/EEC of 21 December 1978 1 , Commission Directive 83/131/EEC of 14 March 1983 2 , Commission Directive 85/298/EEC of 22 May 1985 3 , Council Regulation (EEC) No 3768/85 of 20 December 1985 4 , Council Directive 86/214/EEC of 26 May 1986 5 , Council Directive 86/355/EEC of 21 July 1986 6 , Council Directive 87/181/EEC of 9 March 1987 7 , Commission Directive 87/477/EEC of 9 September 1987 8 , Council Directive 89/365/EEC of 30 May 1989 9 , Commission Directive 90/335/EEC of 7 June 1990 10 , Council Directive 90/533/EEC of 15 October 1990 11 , Commission Directive 91/188/EEC of 19 March 1991 12 , Council Regulation (EC) No 807/2003 of 14 April 2003 13 and Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 14 , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Prohibition of Certain Active Substances in Plant Protection Products) (Amendment) Regulations 2007.

2. The European Communities (Prohibition of Certain Active Substances in Plant Protection Products) Regulations 1981 ( S.I. No. 320 of 1981 ) are amended by inserting after Regulation 3 the following Regulation—

“Appointment of Authorised Officers

3A. (1) The Minister may, by instrument in writing, appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of some or all of these Regulations as may be specified in the instrument.

(2) The Minister may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.

(3) An appointment as an authorised officer ceases—

(a) if it is terminated pursuant to paragraph (2),

(b) if it is for a fixed period, on the expiry of that period, or

(c) if the person appointed is an officer of the Minister, upon the person ceasing to be such an officer.

(4) Nothing in paragraph (3) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

(5) An officer of the Minister shall furnish an authorised officer with a warrant of his or her appointment as an authorised officer and, when exercising a power conferred on him or her, the officer, an officer of Customs and Excise or a member of the Garda Siochána shall, if requested by a person affected, produce the warrant or evidence that he or she is such an officer or member to the person.”.

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GIVEN under my Official Seal,

22 August 2007

MARY COUGHLAN

Minister for Agriculture and Food.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the European Communities (Prohibition of Certain Active Substances in Plant Protection Products) Regulations 1981 ( S.I. No. 320 of 1981 ) to provide for the appointment of authorised officers.

1 O.J. No. L33, 08.02.1979, p. 36

2 O.J. No. L91, 09.04.1983, p. 35

3 O.J. No. L154, 13.06.1985, p. 48

4 O.J. No. L362, 31.12.1985, p. 8

5 O.J. No. L152, 06.06.1986, p. 45

6 O.J. No. L212, 02.08.1986, p. 33

7 O.J. No. L71, 14.03.1987, p. 33

8 O.J. No. L273, 26.09.1987, p. 40

9 O.J. No. L159, 10.06.1989, p. 58

10 O.J. No. L162, 28.06.1990, p. 37

11 O.J. No. L296, 27.10.1990, p. 63

12 O.J. No. L92, 13.04.1991, p. 42

13 O.J. No. L122, 16.05.2003, p. 36

14 O.J. No. L229, 29.06.2004, p. 5