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Environment (Sustainable Use Of Pesticides) Regulations 2012


Published: 2012-06-07

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Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-27 Subsidiary 2012/082

Subsidiary Legislation made under s. 18(c).


ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
REGULATIONS 2012

(LN. 2012/082)
Commencement 7.6.2012 All regulations except r.
14(1), (2), (5) and (6)
which will come into force
on 14.12.2015
Amending enactments Relevant current
provisions
Commencement
date



EU Legislation/International Agreements involved:
Directive 98/8/EC
Directive 2009/128/EC
Regulation (EC) No 1107/2009

_______________________

Regulations

1. Title and commencement.
2. Interpretation.
3. Application of these Regulations.
4. National Action Plans.
5. Training and certification.
6. Requirements for specified certificates.
7. Recognition of certificates.
8. Inspection of equipment in use.
9. Inspection of specified pesticide application equipment.
10. Inspection of other pesticide application equipment.
11. Inspection by professional user.
12. Use of equipment.
13. Compliance with Schedule 3.
14. Requirements for sales and purchases of pesticide.
15. Exemption for micro-distributors.
Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
REGULATIONS 2012

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2005-27 Subsidiary 2012/082
16. Specific measures to protect the aquatic environment and drinking
water.
17. Risk management and alternatives to pesticides.
18. Reduction of pesticide use or risks in specific areas.
19. Information and awareness-raising.
20. Aerial spraying.
21. Handling and storage of pesticides and treatment of their packaging
and remnants.
22. Integrated Pest Management.
23. Indicators.
24. Offences and penalties.
25. Fees.

SCHEDULE 1
National Action Plan

SCHEDULE 2
Training subjects

SCHEDULE 3
Health and safety and environmental requirements relating to the inspection
of pesticide application equipment

SCHEDULE 4
General principles of integrated pest management
Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
REGULATIONS 2012

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2005-27 Subsidiary 2012/082

In exercise of the powers conferred upon it by section 18(c) of the
Environment Act 2005, and for the purposes of transposing into the law of
Gibraltar Directive 2009/128/EC of the European Parliament and of the
Council of 21 October 2009 establishing a framework for Community action
achieve the sustainable use of pesticides, the Government has made the
following Regulations–

Title and commencement.

1.(1) These Regulations may be cited as the Environment (Sustainable Use
of Pesticides) Regulations 2012.

(2) Subject to subregulation (3) these Regulations come into operation on
the day of publication.

(3) Regulation 14(1), (2), (5) and (6) shall come into operation on 14
December 2015.

Interpretation.

2.(1) In these Regulations–

“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;

“aerial spraying” means application of pesticides from an aircraft (plane
or helicopter);

“competent authority” means such person as the Government may
designate by Notice in the Gazette 1 ;

“Directive” means 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,
as the same may be amended from time to time;

“distributor” means any natural or legal person who makes a pesticide
available on the market, including wholesalers, retailers, vendors
and suppliers;
1 See LN. 2012/101.
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“groundwater” shall have the same meaning as in rule 2(1) of the Public
Health (Water Framework) Rules 2004;

“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 pesticides
and other forms of intervention to levels that 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;

“low-risk pesticides” has the meaning given to it in Regulation (EC) No
1107/2009 of 21 October 2009 concerning the placing of plant
protection products on the market and repealing Council Directives
79/11/EEC and 91/414/EEC;

“Minister” means the Minister with responsibility for the environment;

“National Action Plan” shall be understood within the meaning and
scope of regulation 4;

“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 paragraph (1) of
Schedule 4, or physical, mechanical or biological pest control
methods;

“pesticide” means–
(a) a plant protection product as defined in Regulation (EC) No
1107/2009; or

(b) a biocidal product as defined in Directive 98/8/EC of the
European Parliament and of the Council of 16 February 1998
concerning the placing on the market of biocidal products.

“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;

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“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 or the environment or
both;
“specified certificate” means a certificate issued by a body designated
pursuant to regulation 5(2) and recognised by the competent
authority by being published in a list as providing evidence of
sufficient knowledge of the subjects listed in Schedule 2 acquired
either by undergoing training or by other means;
“surface water” shall have the same meaning as in rule 2(1) of the Public
Health (Water Framework) Rules 2004; and

“under supervision” means under the direct and personal supervision,
and in the presence, of a person who holds a specified certificate,
where such supervision is being provided for the purposes of
training.

(2) In these Regulations any reference to an Article by number alone is to
be construed as a reference to the Article so numbered in the Directive.

(3) Except where the context otherwise requires, expressions used both in
these Regulations and the Directive have the same meaning in these
Regulations as they have in the Directive.

Application of these Regulations.

3.(1) These Regulations shall apply to pesticides that are plant protection
products as defined in Article 2(1) of Regulation (EC) No 1107/2009.

(2) These Regulations shall–

(a) apply without prejudice to any other relevant European Union
legislation; and

(b) not prevent the competent authority from applying the
precautionary principle in restricting or prohibiting the use of
pesticides in specific circumstances or areas.

National Action Plans.
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2005-27 Subsidiary 2012/082

4.(1) The competent authority shall, in accordance with the methods and
criteria set out in Schedule 1, adopt a National Action Plan for Gibraltar–

(a) 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

(b) 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.

(2) The competent authority–

(a) shall draw up a list of pesticides application equipment to
which regulation 10(1) applies in the National Action Plan in
accordance with regulation 8(9)(a); and

(b) shall describe in the National Action Plan how the competent
authority will ensure that the general principles of integrated
pest management as set out in Schedule 4 are to be
implemented by all professional users by 1st January 2014.

(3) The National Action Plan may include provisions on informing
persons who could be exposed to spray drift.

(4) The Minister shall ensure that the National Action Plan is
communicated to the European Commission and to EEA States by 14
December 2012.

(5) The competent authority shall–

(a) review the National Action Plan at least every 5 years; and

(b) ensure that any substantial changes to the National Action Plan
are reported to the European Commission without undue delay.

(6) The Government shall use all necessary means designed to achieve
such reduction targets as are included in the National Action Plan.

(7) The provisions on public participation laid down in Article 2 of
Directive 2003/35/EC of the European Parliament and of the Council of 26
May 2003 providing for public participation in respect of the drawing up of
certain plans and programmes relating to the environment and amending
with regard to public participation and access to justice Council Directives
Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
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© Government of Gibraltar (www.gibraltarlaws.gov.gi)
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85/337/EEC and 96/61/EC shall apply to the preparation and the
modification of the National Action Plan.

Training and certification.

5.(1) The Minister shall ensure, by 14 December 2013, that systems are
established which enable distributors, advisors and professional users to
have access to appropriate training by bodies approved under subregulation
(3) and to obtain certificates which, as a minimum, provide evidence of
sufficient knowledge of the subjects listed in Schedule 2 either by
undergoing training or by other means.

(2) A specified certificate provides evidence of sufficient knowledge of
the subjects listed in Schedule 2 having been acquired by professional users,
distributors and advisors either by undergoing training or by other means.

(3) The Minister shall by notice published in the Gazette specify which
bodies are approved for the purposes of providing the courses, training and
the issue of certificates required under these Regulations.

Requirements for specified certificates.

6.(1) After 13 December 2013, no person shall use any pesticide authorised
for professional use unless they–

(a) hold a specified certificate; or

(b) work under supervision.

(2) No person shall cause or permit any other person to use a pesticide
authorised for professional use unless the person using the product–

(a) holds a specified certificate; or

(b) works under supervision.

Recognition of certificates.

7. For the purposes of compliance with these Regulations, the competent
authority shall recognise a certificate issued by another competent authority
in an EEA State if–
(a) it complies with the requirements referred to in Article 8(4);

Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
REGULATIONS 2012

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(b) the time period since the last inspection carried out in that State
is equal to or shorter than the time period of the inspection
interval applicable in Gibraltar; and

(c) the inspection intervals referred to in regulation 8(7)(c) are
complied with.

Inspection of equipment in use.

8.(1) For the purposes of Article 8(6), the Minister must designate the
bodies responsible for implementing inspection systems for pesticide
application equipment for professional use (“implementing bodies”) by
including their names on a list published by the Minister and the Minister
shall ensure that the European Commission is informed thereof.

(2) The Minister may designate implementing bodies if the Minister is of
the opinion that the bodies implement inspection systems which comply
with the requirements for inspections set out in Schedule 3.

(3) The Minister may remove the name of an implementing body from the
published list of implementing bodies if the Minister is of the opinion that it
no longer satisfies the criterion set out in subregulation (2).

(4) Implementing bodies must keep a register of inspectors who carry out
inspections of pesticides application equipment in order to ascertain whether
such equipment meets the relevant requirements set out in Schedule 3 (“the
register”).

(5) Where an inspector on the register (“registered inspector”) is satisfied
that pesticides application equipment meets the relevant requirements listed
in Schedule 3, such equipment will pass inspection and “passes inspection”
in this regulation shall be construed accordingly.

(6) Implementing bodies must ensure that the systems implemented by
them require registered inspectors to provide the owner or lessor of
pesticides application equipment that passes inspection with evidence in
writing that such equipment has met the relevant requirements set out in
Schedule 3.

(7) The competent authority shall ensure that pesticide application
equipment in professional use shall be subject to inspections at regular
intervals as follows–

(a) new equipment shall be inspected at least once within a period
of 5 years after purchase;
Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
REGULATIONS 2012

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2005-27 Subsidiary 2012/082

(b) by 14 December 2016 pesticide application equipment shall
have been inspected at least once;
(c) the interval between inspections shall not exceed 5 years until
2020 and shall not exceed 3 years thereafter.

(8) After 14 December 2016 a professional user shall not use any pesticide
application equipment which has not successfully passed an inspection.

(9) By way of derogation from subregulations (7) and (8) and, following a
risk assessment for human health and the environment including an
assessment of the scale of the use of the equipment, the Minister may–

(a) apply different timetables and inspection intervals to–
(i) pesticide application equipment not used for spraying
pesticides;

(ii) handheld pesticide application equipment or knapsack
sprayers; and

(iii) additional pesticide application equipment that represent
a very low scale of use,
which shall be listed in the National Action Plan;

(b) exempt from inspection handheld pesticide application
equipment or knapsack sprayers.

(10) For the purposes of subregulation (9)(a) the following additional
pesticide application equipment shall never be considered as constituting a
very low scale of use-

(a) spraying equipment mounted on trains or aircraft;

(b) boom sprayers larger than 3 metres, including boom sprayers
that are mounted on sowing equipment.

(11) In the case of the equipment referred to in subregulation (9)(b), the
Minister shall ensure that operators–

(a) have been informed–

(i) of the need to change regularly the accessories;

Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
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(ii) of the specific risks linked to that equipment; and

(b) are trained for the proper use of that application equipment in
accordance with the requirements of regulation 5.

Inspection of specified pesticide application equipment.

9.(1) This regulation applies in relation to the following pesticide
application equipment in professional use (“specified equipment”)–

(a) boom sprayers longer than 3 metres, including boom sprayers
mounted on sowing equipment and variable geometry booms;
and

(b) vehicle-mounted or drawn sprayers which broadcast spray
droplets, in an air stream produced by forced air, which carry
upwards and outwards from the source of the spray.

(2) A person who owns or leases specified equipment that is less than 5
years old starting with the date of first purchase must ensure that it is
inspected before the fifth anniversary of the date of first purchase.

(3) A person who owns or leases specified equipment must ensure that it is
inspected on or before 14 December 2016, except where subregulation (2)
applies.

(4) Subject to subregulation (6), prior to 26 November 2020 a person who
owns or leases specified equipment must ensure that it is inspected no less
than every 5 years.

(5) From 14 December 2020 a person who owns or leases specified
equipment must ensure that it is inspected no less than every 3 years, except
where subregulation (2) applies.

(6) Where, by 14 December 2020 specified equipment will not have been
inspected for 3 years, the person who owns or leases that equipment must
ensure that it is inspected by that date, except where subregulation (2)
applies.

Inspection of other pesticides application equipment.

10.(1) This regulation applies in relation to pesticide application equipment
in professional use (“other equipment”).

(2) This regulation does not apply in relation to–
Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
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(a) pesticides application equipment to which regulation 9(1)
applies;

(b) handheld equipment; or

(c) knapsack sprayers.

(3) A person who owns or leases other equipment that is less than 5 years
old starting with the date of first purchase must ensure that it is inspected
before the fifth anniversary of the date of first purchase.

(4) A person who owns or leases specified equipment must ensure that it is
inspected on or before 14 December 2016, except where subregulation (3)
applies.

(5) From 14 December 2016, a person who owns or leases other
equipment must ensure that it is inspected no less than every 6 years, except
where subregulation (3) applies.

Inspection by professional user.

11. Professional users must conduct regular calibrations and technical
checks of the pesticides application equipment they use in accordance with
the appropriate training received pursuant to the obligations set out in
regulation 5.

Use of equipment.

12. A person who owns or leases pesticide application equipment must
ensure that such equipment is not used by a professional user unless it has
passed inspection conducted in accordance with the requirements of
regulations 9 or 10 (as the case may be).

Compliance with Schedule 3.

13.(1) Subject to subregulation (2), the competent authority shall verify that
pesticide application equipment referred to in regulation 8 satisfies the
relevant requirements listed in Schedule 3, in order to achieve a high level
of protection for human health and the environment.

(2) Pesticide application equipment which complies with harmonised
standards developed in accordance with Article 20(1) shall be presumed to
comply with the essential health and safety and environmental requirements.

Environment ENVIRONMENT (SUSTAINABLE USE OF PESTICIDES)
REGULATIONS 2012

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Requirements for sales and purchases of pesticide.

14.(1) Subject to regulation 15, distributors of pesticides shall have
sufficient staff in their employment holding a specified certificate to enable
the distributors to comply with the requirement in subregulation (2).

(2) Subject to regulation 15, distributors of pesticides shall ensure that
staff holding specified certificates are available at the time of the sale of
pesticides to provide adequate information to customers as regards use,
health and environmental risks and safety instructions to manage those risks
for the products in question.

(3) This regulation does not oblige any distributor to employ staff, but any
distributor to whom the exemption for micro distributors does not apply and
who does not employ staff must hold a specified certificate.

(4) Distributors who sell pesticides to persons other than professional
users must provide general information regarding the risks for human health
and the environment of pesticides use, in particular on hazards, exposure,
proper storage, handling, application and safe disposal in accordance with
European Union legislation on waste, as well as regarding low-risk
alternatives.

(5) A person (P) must not purchase, or cause or permit another person to
purchase, a professional product for use by any individual (including P)
unless–

(a) that individual holds a certificate;

(b) where the professional product is for use by P, he or she
intends to work under supervision; or

(c) where the professional product is for use by another
individual, P reasonably believes that such an individual will
use that product under supervision.

(6) In this regulation, “professional product” means a pesticide
authorised for professional use.

(7) A pesticide producer who is notified by the Government shall provide
the information referred to in subregulation (4).

Exemption for micro-distributors.

15.(1) Regulation 14(1) and (2) does not apply in relation to a distributor–
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(a) if the distributor was a micro-distributor in its preceding
financial year and the accounts for that period are closed;

(b) if the distributor had an annual turnover which did not exceed 2
million euros in its preceding financial year; and

(c) the only plant protection products offered for sale by that
distributor are for non-professional use and are not
formulations classified as toxic, very toxic, carcinogenic,
mutagenic or toxic for reproduction pursuant to Directive
1999/45/EC of the European Parliament and of the Council of
31 May 1999 concerning the approximation of the laws,
regulations and administrative provisions of the Member States
relating to the classification, packaging and labelling of
dangerous preparations.

(2) A distributor is a micro-distributor in a financial year if the number of
weeks when the distributor has fewer than 10 employees is greater than the
number of weeks when the distributor has 10 or more employees.

(3) A distributor has fewer than 10 employees in a week if the total
number of hours for which all the employees of the distributor are
contracted to work that week is less than 375.

(4) In this regulation–

“employee” means an individual who has entered into or works under a
contract of employment;

“annual turnover” means the amounts derived from the provision of
goods and services falling within the distributor’s ordinary
activities, after deduction of trade discounts and any other taxes
based on the amounts so derived;

“financial year” means the period of 12 months for which the income of
the distributor is computed for the purposes of the Income Tax Act
2010;

“preceding financial year” means the financial year immediately
preceding the distributor’s current financial year.

(5) In this regulation, references to an amount in euros includes references
to an equivalent amount in sterling, and the equivalent amount in sterling is
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calculated using the London closing exchange rate for sterling and the euro
on the last day of the distributor’s preceding financial year.

Specific measures to protect the aquatic environment and drinking
water.

16.(1) The competent authority shall adopt measures to prevent the aquatic
environment and drinking water supplies from the impact of pesticides.

(2) The measures include–

(a) giving preference to pesticides that are not classified as
dangerous for the aquatic environment pursuant to Directive
1999/45/EC nor containing priority hazardous substances as set
out in Article 16(3) of Directive 2000/60/EC;

(b) giving preference to the most efficient application techniques
such as the use of low-drift pesticide application equipment;

(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, 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.

(3) Measures taken pursuant to this regulation shall be compatible with the
Public Health (Water Framework) Rules 2004.

(4) A Pesticide Control Notice may be issued for the attainment of any of
the purposes set out in this regulation.

Risk management and alternatives to pesticides.

17. A person who intends to use a pesticide shall first consider what
appropriate risk management measures need to be taken and shall also
consider using of low-risk plant protection products and biological control
measures shall be considered instead.
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Reduction of pesticide use or risks in specific areas.

18.(1) Without prejudice to regulation 17, the competent authority, having
due regard for the necessary hygiene and public health requirements and
biodiversity, or the results of relevant risk assessments, shall ensure that the
use of pesticides is minimised or prohibited in certain specific areas, and
may issue a Pesticide Control Notice.

(2) 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, such as
public parks and gardens, sports and recreation grounds, school
grounds and children’s playgrounds and in the close vicinity of
healthcare facilities;

(b) protected areas as defined in Directive 2000/60/EC or other
areas identified for the purposes of establishing the necessary
conservation measures in accordance with the provisions of
Directives 79/409/EEC and 92/43/EEC.

(3) A Pesticide Control Notice shall be in writing and shall be served on
the persons concerned or, if of general application, shall be published in the
Gazette.

(4) A person who without reasonable excuse contravenes the provisions of
a Pesticide Control Notice is guilty of an offence and is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.

Information and awareness-raising.

19.(1) The Government 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 Government 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, workers or persons living close to pesticide
application areas.
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Aerial spraying.

20. The aerial spraying of pesticides is prohibited.

Handling and storage of pesticides and treatment of their packaging
and remnants.

21.(1) A professional user or distributor who carries out any of the
operations set out in subregulation (2) shall take all reasonable precautions
to ensure that such operations do not endanger human health or the
environment.

(2) The operations referred to in subregulation (1) are–

(a) storing, handling, diluting or mixing of pesticides before
application;

(b) handling of the packaging and remnants of pesticides;

(c) the disposal of tank mixtures remaining after the application of
pesticides;

(d) cleaning of pesticides application equipment after the
application of that product;

(e) recovering or disposing of pesticides remnants and their
packaging.

(3) A person who stores pesticides for professional use must ensure that
such products are stored in areas that are constructed in such a way as to
prevent unwanted releases.

(4) The competent authority 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.

Integrated pest management.

22.(1) The competent authority 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.
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(2) The Government shall establish or support the establishment of
necessary conditions for the implementation of integrated pest management
and 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) The Government shall ensure that by 30 June 2013 the European
Commission is sent a report on the implementation of subregulations (1) and
(2) and, in particular, whether the necessary conditions for implementation
of integrated pest management are in place.

(4) The Government shall establish appropriate incentives to encourage
professional users to implement crop or sector-specific guidelines for
integrated pest management on a voluntary basis.

(5) A public authority or any organisations representing particular
professional users may draw up any guidelines.

(6) The competent authority shall refer to the guidelines that it considers
relevant and appropriate in the National Action Plan.

(7) The general principles of integrated pest management set out in
Schedule 4 must be followed for the purposes of this regulation.

Indicators.

23.(1) Until such time as harmonised risk factors are established pursuant to
Article 15(1), the competent authority may continue to use existing
indicators or adopt other appropriate indicators in addition to the
harmonised ones.

(2) The competent authority shall–

(a) calculate harmonised risk indicators as referred to in
subregulation (1) by using statistical data collected in
accordance with the European Union legislation concerning
statistics on pesticides together with other relevant data;

(b) identify trends in the use of certain active substances; and

(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 the Directive to reduce the risks and impacts of pesticide use
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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 Government shall ensure the results of the evaluations carried out
pursuant to subregulation (2) are communicated to the European
Commission and to EEA States and shall make this information available to
the public.

Offences and penalties.

24.(1) A person who contravenes or fails to comply with–

(a) regulation 6(1) or (2);

(b) regulation 14(1), (2), (3), (4) or (5);

(c) regulation 9(2), (3), (4) (5) or (6);

(d) regulation 10(3), (4) or (5),
commits an offence.

(2) A person who without reasonable excuse commits an offence under
these Regulations is liable on summary conviction to a fine not exceeding
level 5 on the standard scale.

Fees.

25. The Minister may by notice published in the Gazette set any fees in
respect of any matter provided for under these Regulations.
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SCHEDULE 1
Regulation 4(1)
National Action Plan


1. Targets set pursuant to regulation 4(1) may cover different areas of
concern including worker protection, protection of the environment,
residues, and use of specific techniques.

2. The National Action Plan shall also include indicators to monitor the use
of pesticides containing active substances of particular concern, especially if
alternatives are available.

3. Particular attention shall be given to the pesticides containing active
substances approved in accordance with Council Directive 91/414/EEC of
15 July 1991 concerning the placing of plant products on the market which,
when subject to renewal of approval under Regulation (EC) No 1107/2009
will not fulfil the criteria relevant for approval laid down in Annex II, points
3.6 to 3.8 of that Regulation, to the extent that that Directive and that
Regulation applies to Gibraltar.

4. 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
the Directive, 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 22(2)(c), and such targets may be intermediate or final.

5. When drawing up and revising the National Action Plan, the competent
authority 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.

6. The National Action Plan shall describe what measures will be
implemented pursuant to regulations 5 to 22 in order to achieve the
objectives referred to in regulation 4(1).

7. The National Action Plan shall take into account plans under other
European Union legislation on the use of pesticides, such as planned
measures under the Public Health (Water Framework) Rules 2004 (which
transpose Directive 2000/60/EC).
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SCHEDULE 2

Regulation 5
Training subjects

1. All relevant legislation regarding pesticides and their use.

2. The existence and risks of illegal (counterfeit) pesticides, 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
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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 Articles 6 and 7 of
Directive 2000/60/EC.

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.
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SCHEDULE 3
Regulations 8 and 13

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
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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.

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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.
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SCHEDULE 4
Regulation 22(7)

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-

(a) crop rotation;

(b) use of adequate cultivation techniques (e.g. stale seedbed
technique, sowing dates and densities, under-sowing,
conservation tillage, pruning and direct sowing);

(c) use, where appropriate, of resistant/tolerant cultivars and
standard/certified seed and planting material;

(d) use of balanced fertilisation, liming and irrigation/drainage
practices;

(e) preventing the spreading of harmful organisms by hygiene
measures (e.g. by regular cleansing of machinery and
equipment);

(f) 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
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.

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5. The pesticides applied shall be as specific as possible for the target and
shall have the least side effects on human health, non-target organisms 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.