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From: Bars, Armınas Sayaug--
Sent: vendredi 13 janvier 2006 17:39

To:

Ce:

Subject: Draft Statutory Instrument - Aerial Fertilisation
Importance: High

en

01.13.05 Revised

Draft Statut...
Dear

Please find attached a copy of a draft Statutory Instrument to address the issue of a
statutory licensing system for the aerial fertilisation of forest sites which was
highlighted in the ECU judgment - Case C-282/02 on the Dangerous Substances Directive.,

I should emphasise that this is purely a working draft and has not yet been seen by
the Draftsman's Office.

I understand that in discussion with Mr O'Flaherty you offered to take a look at our
draft whenever we were reasonably happy with it ourselves. We would be very grateful
for your comments/observations in due course. This would be one of the issues the
Forest Service would like to discuss with you at our next meeting.

Best Regards,

Forest Service - Ireland
Tel. +353 53 53505

<<01.13.05 Revised Draft Statutory Instrument - Aerial Fertilisation.doc>>

ER

TFrARKKKRRK Department of Agriculture and Food *rrkrrkrrkrkrer

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STATUTORY INSTRUMENTS
S.l. No. XXX of 2006

AERIAL FERTILISATION REGULATIONS, 2006

I, Mary Coughlan, Minister for Agriculture and Food, in exercise of the powers
conferred on me by section 3 ofthe European Communities Act 1972 (No. 27
of 1972) and for the purpose of giving further effect to Council Directive No.
T6/434/EEC in so far as that Directive related to the aerial fertilisation of
forestry, hereby make the following regulations-

1. (1) These Regulations may be cited as the European Communities
(Aerial Fertilisation) (Forestry) Regulations 2006.

2. Inthese Regulations “Minister” means the Minister for Agriculture and
Food;

3. (1) A person shall not engage in the aerial fertilisation of forestry other
than under and in accordance with a licence (“aerial fertilisation
licence”).

(2) An application for an aerial fertilisation licence shall be in a form,
contain the particulars and be accompanied by any material that the
Minister may determine.

(3) The Minister may grant an aerial fertilisation licence, attach
conditions to the licence, vary a condition, insert a new condition, revoke
an aerial fertilisation licence or refuse an application.

4. (1) Where the Minister is satisfied that the requirement of these
Regulations and Directive will be complied with, he or she may, subject
to these Regulations, grant a licence to a person for the purposes of
these Regulations and the Directive.

(2) A licence may be granted by the Minister in respect of aerial
fertilisation.

(3) An application for approval shall-

(a)be submitted in writing by the applicant to the
Minister,

(b) shall be in a form, contain the particulars and be
accompanied by any material that the Minister may
determine.

(c) be legible and state the name and address of the
applicant and where the applicant is a body
corporate its principal place of business,

. Any person applying for a licence shall furnish the Minister with such
information as the Minister may reasonably require to ensure that the
Directive will be complied with and to decide whether or not to grant the
licence.

. Allicence is valid for such period as the Minister may determine and the
period shall be specified in the licence.

. Notification of a decision by the Minister in respect of an application
shall, as soon as may be, be given to the applicant and to any other
body who made a submission or observation in accordance with Article
10.

. (1) The Minister may attach any conditions (including a condition as to
the keeping of appropriate records) to a licence at the time it is granted
or at any time subsequently.

(2) The Minister may amend or revoke a condition attached to the
licence and shall notify the person who has applied for or holds licence
in writing of the conditions, amendment or revocation, as the case may
be, in relation to that licence.

(3) Compliance with the relevant provisions of the Directive and
Regulations is a condition of any licence under this Regulation.

. (1) Without prejudice to the generality of Article 3 (3), the Minister may
refuse an application or revoke an aerial fertilisation licence if he is
satisfied that —

(a) the applicant or licence holder has committed an offence, whether
he or she has been convicted or not, relating to animal or public
health or the environment,

(b) the applicant or licence holder has failed to comply with a
condition of an aerial fertilisation licence ,

(c) in relation to an application, information required has not been
furnished or information that is false or misleading in a material
respect has been furnished,

(d) equipment or an aircraft to which the application or aerial
fertilisation licence relates is not fit and proper for the task,

(e) the applicant or licence holder is not a fit and proper person to be
granted an aerial fertilisation licence,

(f) it is necessary for the protection of human health, animal health or
welfare or the environment, or

(9) it is necessary, ancillary or supplementary for an act of the
institutions of the European Community (included an act cited in
the preamble to these Regulations) to have full effect.

10. Other than in the case of Article 10(f) or (g), if the Minister
proposes to refuse an application or revoke an aerial fertilisation
licence, he or she shall-

(a) notify the applicant or licence holder of the proposal and
the reasons for the proposal, and that he or she may
make representations in relation to the proposal to the
Minister within 14 days of notification,

(b) consider a representation duly made before deciding
whether to proceed with, modify or annul the proposal,
and

(c) notify the applicant or registered person of the decision
and the reasons for the decision.

11. Ifthe Minister is of the opinion that —

(a) it is necessary for the protection of human health, animal
health or welfare or the environment, or

(b) it is necessary, ancillary or supplementary for an act of
the institutions of the European Community (included the act
cited in the preamble to these Regulations) to have full
effect,

he or she may refuse an application or revoke an aerial fertilisation
licence in accordance with Article 12.

12. If the Minister refuses an application or revokes an aerial fertilisation
licence in accordance with this paragraph, he or she shall-

(a) notify the applicant or licence holder of the decision and the
reasons for the decision, and that he or she may make
representations in relation to the decision to the registering
authority within 14 days of notification,

(b) consider a representation made, and

(c) confirm, modify or annul the decision and notify the applicant or
licence holder of the decision and the reasons for the decision.

13. The holder of a licence shall inform the Minister if significant changes
are made in the operation or organisation of the activities to which the licence
relates.

14. (1) Where the Minister receives an application, he or she shall send
notice in accordance with sub-article (2) as soon as may be after receipt of
the application —

(a) where it appears to the Minister that the proposed application
might have significant effects in relation to water quality — to the
appropriate local authority and the appropriate fisheries board,

(b) where it appears to the Minister that the proposed application
might have significant effects in relation to nature conservation -
to the Minister for Environment, Heritage and Local
Government,

(2) Notice given by the Minister pursuant to sub-article (1) shall include
a copy of the application together with a map of the site on which the
aerial fertilisation is proposed and shall state —

(a) the reference number of the application,
and

(b) that any submission or observation made to
the Minister in relation to the application
within 4 weeks of the date of the notice will
be taken into account by the Minister in
making his or her decision on the
application.

(3) Without prejudice to sub-article (1), the Minister may carry out such
consultation in relation to any particular application which he or she
considers appropriate.

(4) Where a body to whom notice is sent pursuant to sub-article (1)
does not make a submission or observation in relation to an application
within 4 weeks of the date of the notice, the Minister may determine the
application without further notice to that body.

15. The aerial application rate per net hectare and concentrations should
not exceed the following parameters:

Fertiliser Type

   

 

%P %N %K Maximum
STE
per ha
Phosphate
Granulated Urea | 46% | | 400kg |
Muriate of Potash 0 | 150% | 250kg |

    

  
 

   

16. (1) Subject to this article, aerial fertilisation shall take place only
between the months of April to August inclusive.

(2) The Minister may, where he or she is satisfied that exceptional
circumstances so warrant and in addition to the requirements of
Article 13 grant a licence for aerial fertilisation outside of the
period specified in sub-article (1).

17. (1) The Minister may, from time to time, set and charge a fee for an
application for an aerial fertilisation licence.

(2) A fee payable pursuant to this Regulation may be recovered by
the Minister from the person by whom it is payable as a simple contract
debt in a court of competent jurisdiction.

(3) Moneys received under this Regulation shall be paid into or
disposed of for the benefit of the Exchequer in accordance with the
directions of the Minister for Finance.

(4) The Public Offices Fees Act 1878 (42 & 43 Vict. Cap 58) does
not apply to a fee charged pursuant to this Regulation.

18. (1) A person who contravenes a licence or a condition of a licence is
guilty of an offence and is liable on conviction to a fine not exceeding
€5,000 or to imprisonment for a term not exceeding 6 months or, to
both.

(2) An offence under these Regulations may be prosecuted by the
Minister.

(3) If an offence under these Regulations is committed by a body
corporate and is proven to have been so committed with the consent,
connivance or approval of or to have been attributable to the wilful
neglect on the part of any person, being a director, manager, secretary
or other officer of the body corporate or a person who was purported to
act in any such capacity, that person, as well as the body corporate,
commits offence and is liable to be proceeded against and punished as
if' he or she was guilty of the offence.

GIVEN under the Official Seal of the
Minister for Agriculture and Food this

DATE

Mary Coughlan, T.D.
Minister for Agriculture and Food

EXPLANATORY NOTE

This note is not part of the instrument and does not purport to be a legal
interpretation.

This Regulation provides for the introduction of a statutory licence system by
the Minister for Agriculture and Food for the aerial application of fertilisers to
forests.