Plant Protection Products (Amendment) (No. 4) Regulations, 2010 (L.N. 448 of 2010)

B 5269VERŻJONI ELETTRONIKA Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,650, 28 ta’ Settembru, 2010 Taqsima B A.L. 448 tal-2010 ATT DWAR IL-KONTROLL TAL-PESTIĊIDI (KAP. 430) Regolamenti tal-2010 li jemendaw ir-Regolamenti dwar Prodotti għall-Ħarsien tal-Pjanti (Emenda Nru. 4) BIS-SAĦĦA tas-setgħat mogħtija bl-artikoli 4 u 5 tal-Att dwar il-Kontroll tal-Pestiċidi, il-Ministru għar-Riżorsi u Affarijiet Rurali, wara li kkonsulta mal-Prim Ministru u mal-Ministru għas Saħħa, l-Anzjani u Kura fil-Komunità, għamel dawn ir-regolamenti li ġejjin: 1. (1) It-titolu ta’ dawn ir-regolamenti hu Regolamenti tal-2010 li jemendew ir-Regolamenti dwar Prodotti għall-Ħarsien tal-Pjanti (Emenda Nru. 4), u dawn għandhom jinqraw u jiftiehmu bħala ħaġa waħda mar-Regolamenti ta’ l-2009 dwar Prodotti għall Ħarsien tal-Pjanti, hawn iżjed ’il quddiem imsejħin “ir-regolamenti prinċipali”. (2) L-iskop ta’ dawn ir-regolamenti hu li jittrasponu d-Direttiva tal-Kummissjoni 2010/21/UE li temenda l-Anness I tad Direttiva tal-Kunsill 91/414/KEE fir-rigward ta’ dispożizzjonijiet speċifiċi relatati ma’ clothianidin, thiamethoxam, fipronil u imidacloprid. 2. Skeda I li tinsab mar-regolamenti prinċipali għandha tiġi emendata kif ġej: (a) fil-partita 123, dwar il-Clothianidin, il-kolonna “Dispożizzjonijiet speċifiċi” Parti A għandha tiġi sostitwita b’dan li ġej: “PART A Only uses as insecticide may be authorised. For the protection of non target organisms, in Titolu u skop. A.L. 358 tal-2009. Jemenda Skeda I li tinsab mar regolamenti prinċipali. B 5270 VERŻJONI ELETTRONIKA particular honey bees, for use as seed treatment: the seed coating shall only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised; adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. Member States shall ensure that: the label of the treated seed includes the indication that the seeds were treated with clothianidin and set out by the risk mitigation measures provided for in the authorisation; the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees; monitoring programmes are initiated to verify the real exposure of honey bees to clothianidin in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; (b) fil-partita 142, dwar it-Thiamethoxam, il kolonna “Dispożizzjonijiet speċifiċi”, Parti A għandha tiġi sotitwita b’dan li ġej: “ PART A Only uses as insecticide may be authorised. For the protection of non target organisms, in particular honey bees, for use as seed treatment: the seed coating shall only be performed in professional seed treatment facilities. Those B 5271VERŻJONI ELETTRONIKA facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised; adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. Member States shall ensure that: the label of the treated seed includes the indication that the seeds were treated with thiametoxam and set out by the risk mitigation measures provided for in the authorisation; the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees; monitoring programmes are initiated to verify the real exposure of honey bees to thiametoxam in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; (ċ) fil-partita 163, dwar il-Fipronil, il-kolonna “Dispożizzjonijiet speċifiċi” (i) Parti A għandha tiġi sostitwita b’dan li ġej: “PART A Only uses as insecticide for use as seed treatment may be authorised. For the protection of non target organisms, in particular honey bees: the seed coat ing shal l only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that B 5272 VERŻJONI ELETTRONIKA the release of dust during application to the seed, storage, and transport can be minimised; adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. Member States shall ensure that: the label of the treated seed includes the indication that the seeds were treated with fipronil and set out by the risk mitigation measures provided for in the authorisation; monitoring programmes are initiated to verify the real exposure of honey bees to fipronil in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; u (ii) fil-Parti B dawn il-kliem li ġejjin għandhom jiġu mħassra: “- the use of adequate equipment ensuring a high degree of incorporation in soil and a minimisation of spillage during application.”; u (d) fil-partita 222, dwar l-Imidacloprid, il-kolonna “Dispożizzjonijiet speċifiċi” – (i) Parti A għandha tiġi sostitwita b’dan li ġej: “PART A Only uses as insecticide may be authorised. For the protection of non target organisms, in particular honey bees and birds, for use as seed treatment: the seed coat ing sha l l only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the B 5273VERŻJONI ELETTRONIKA seed, storage and transport can be minimised. adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. Member States shall ensure that: the label of treated seed includes the indication that the seeds were treated with imidacloprid and set out by the risk mitigation measures provided for in the authorisation; the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees; monitoring programmes are initiated to verify the real exposure of honey bees to imidacloprid in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; u (ii) fil-Parti B, dawn il-kliem li ġejjin għandhom jiġu mħassra: “-the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees;”. B 5274 VERŻJONI ELETTRONIKA L.N. 448 of 2010 PESTICIDES CONTROL ACT (CAP. 430) Plant Protection Products (Amendment) (No. 4) Regulations, 2010 IN exercise of the powers conferred by articles 4 and 5 of the Pesticides Control Act, the Minister for Resources and Rural Affairs, in consultation with the Prime Minister and with the Minister for Health, the Elderly and Community Care, has made the following regulations : 1. (1) The title of these regulations is the Plant Protection Products (Amendment) (No. 4) Regulations, 2010 and they shall be read and construed as one with Plant Protection Products Regulations, 2009, hereinafter referred to as “the principal regulations”. (2) The scope of these regulations is to transpose Commission Directive 2010/21/EU amending Annex I to Council Directive 91/414/EEC as regards the specific provisions relating to clothianidin, thiamethoxam, fipronil and imidacloprid. 2. Schedule I to the principal regulations shall be amended as follows: (a) in item 123, relating to Clothianidin, in the column “Specific Provisions”, Part A shall be substituted as follows: “PART A Only uses as insecticide may be authorised. For the protection of non target organisms, in particular honey bees, for use as seed treatment: the seed coating shall only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised; Title and scope. L.N. 358 of 2009. Amends Schedule I to the principal regulations. B 5275VERŻJONI ELETTRONIKA adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. Member States shall ensure that: the label of the treated seed includes the indication that the seeds were treated with clothianidin and set out by the risk mitigation measures provided for in the authorisation; the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees; monitoring programmes are initiated to verify the real exposure of honey bees to clothianidin in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; (b) in item 142, relating to Thiamethoxam, in the column “Specific provisions”, Part A shall be substituted as follows: “ PART A Only uses as insecticide may be authorised. For the protection of non target organisms, in particular honey bees, for use as seed treatment: the seed coating shall only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised; adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. B 5276 VERŻJONI ELETTRONIKA Member States shall ensure that: the label of the treated seed includes the indication that the seeds were treated with thiametoxam and set out by the risk mitigation measures provided for in the authorisation; the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees; monitoring programmes are initiated to verify the real exposure of honey bees to thiametoxam in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; (c) in item 163, relating to Fipronil, in the column “Specific provisions” – (i) Part A shall be substituted as follows: “PART A Only uses as insecticide for use as seed treatment may be authorised. For the protection of non target organisms, in particular honey bees: the seed coat ing sha l l only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised; adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. Member States shall ensure that: B 5277VERŻJONI ELETTRONIKA the label of the treated seed includes the indication that the seeds were treated with fipronil and set out by the risk mitigation measures provided for in the authorisation; monitoring programmes are initiated to verify the real exposure of honey bees to fipronil in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; and (ii) in Part B the following words shall be deleted: “- the use of adequate equipment ensuring a high degree of incorporation in soil and a minimisation of spillage during application.”; and (d) in item 222, relating to Imidacloprid, in the column “Specific provisions” – (i) Part A shall be substituted as follows: “PART A Only uses as insecticide may be authorised. For the protection of non target organisms, in particular honey bees and birds, for use as seed treatment: the seed coat ing shal l only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage and transport can be minimised. adequate seed drilling equipment shall be used to ensure a high degree of incorporation in soil, minimisation of spillage and minimisation of dust emission. Member States shall ensure that: the label of treated seed includes the indication that the seeds were treated with B 5278 VERŻJONI ELETTRONIKA imidacloprid and set out by the risk mitigation measures provided for in the authorisation; the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees; monitoring programmes are initiated to verify the real exposure of honey bees to imidacloprid in areas extensively used by bees for foraging or by beekeepers, where and as appropriate.”; and (ii) in Part B thereof, the following words shall be deleted: “-the conditions of the authorisation, in particular for spray applications, include, where appropriate, risk mitigation measures to protect honey bees;”. B 5279VERŻJONI ELETTRONIKA B 5280 VERŻJONI ELETTRONIKA Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper Prezz/Price €0.56