Committee Reports > List of Committees > Joint > 1986 > Committee on Legislation > Report - Statutory Instruments [18]

APPENDIX VI

An Runai,

An Roinn Slainte.

I am directed by Mr. Mervyn Taylor, T.D., Chairman of the Joint Committee, to refer to the Poisons (Amendment) Regulations, 1984 (S.I. No. 349 of 1984).

I am to request you to state for the information of the Joint Committee why it is necessary in the Regulations to defer the labelling, packaging and colouring requirements of the Poisons Regulations, 1982 in respect of specified pesticides.

I am also to ask if the Poisons Regulations 1982 to 1984 are affected by or implement any secondary legislation of the European Economic Community and if so which legislation.

T. DWAN.

Cleireach an Chomhchoiste.

6 Meitheamh, 1985.

26 July, 1985.

Mr. T. Dwan

Clerk to the Joint Committee on Legislation

Re: Poisons (Amendment) Regulations, 1984

(S.I. No. 349 of 1984)

I am directed by the Minister for Health to refer to your minute of 6 June, 1985 concerning the above Regulations, in particular, the necessity to defer the labelling, packaging and colouring requirements of the Poisons Regulations, 1982 in respect of certain specified pesticides.

In the area of controls on pesticides, I am to say that the provisions of the Poisons Regulations, 1982 are based on the recommendations of the Poisons Council, which were made prior to the introduction of the EEC requirements in relation to pesticides. The implementation of the EEC Council Directive 78/631 of 26th June, 1978 on the classification, packaging and labelling of pesticides was delayed due to technical difficulties in Brussels which were not resolved until the publication of EEC Commission Directive 84/291 of 18th April, 1984. When the Poisons Regulations, 1982 were being made, it was noted that the labelling, packaging and colouring requirements of the 1978 EEC Directive on pesticides had to a great extent been adopted by the agrochemicals industry in anticipation of the implementation by the Department of Agriculture of the Directive. In these circumstances, it was decided to defer the application of those aspects of the Poisons Regulations, 1982 which impinged on the labelling, packaging and colouring of pesticides pending a re-examination of the question by the Poisons Council. The publication of the Commission Directive 84/291/EEC has cleared the way for the Poisons Council to commence this re-examination and it is expected that this work will be completed by 31st October, 1986, by which date the final position in regard to the national controls, which should be applied to pesticides under the Poisons Act, 1961 will be established.

In reply to your last question, I am to say that the Poisons Regulations, 1982 to 1984 do not implement any EEC Directives or affect significantly any secondary legislation introduced as a result of our membership of the EEC. Problems encountered of this nature were taken into account in the preparation of the Regulations and, where necessary (e.g. article 19(4) of the 1982 Regulations), appropriate exemptions were provided.

I trust the above information meets your requirements.

N. P. Usher

Public Health Division.