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Environment (Sustainable Use of Pesticides) Regulations 2012.

Type of law
Regulation
Source

Abstract
These Regulations, also for the purpose of transposing into the law of Gibraltar of related European Union Directives as listed, here provide for the complete set of rules and issues as regards the sustainable, controlled and safe use of pesticides, also in terms of necessary protection of the environment and water resources on the territory of Gibraltar. However, these Regulations shall apply without prejudice to any other relevant European Union legislation; and will not prevent the competent authority from applying the precautionary principle in restricting or prohibiting the use of pesticides in specific circumstances or areas.
This text is divided into 25 Regulations, as follows: Title and commencement; Interpretation; Application of these Regulations; National Action Plans; Training and certification; Requirements for specified certificates; Recognition of certificates; Inspection of equipment in use; Inspection of specified pesticide application equipment; Inspection of other pesticide application equipment; Inspection by professional user; Use of equipment; Compliance with Schedule 3; Requirements for sales and purchases of pesticide; Exemption for micro-distributors; Specific measures to protect the aquatic environment and drinking water; Risk management and alternatives to pesticides; Reduction of pesticide use or risks in specific areas; Information and awareness-raising; Aerial spraying; Handling and storage of pesticides and treatment of their packaging and remnants; Integrated Pest Management; Indicators; Offences and penalties; Fees. Schedules 1-4 are also part of this publication (National Action Plan; Training subjects; Health and safety and environmental requirements relating to the inspection of pesticide application equipment; General principles of integrated pest management).
The competent authority shall adopt measures to prevent the aquatic environment and drinking water supplies from the impact of pesticides. The measures include: 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; giving preference to the most efficient application techniques such as the use of low-drift pesticide application equipment; 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; 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. The competent authority shall review the National Action Plan at least every 5 years; and ensure that any substantial changes to the National Action Plan are reported to the European Commission without undue delay.
Date of text
Entry into force notes
These Regulations shall come into operation on the day of publication (for all Regulations except for 14(1), (2), (5) and (6) which will come into force on 14 December 2015).
Notes
This text involves the provisions contained in the Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market; 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 Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.
Repealed
No
Publication reference
2012/082
Source language

English

Legislation Amendment
No
Implements