S.I. No. 202/1989:

EUROPEAN COMMUNITIES (SAMPLING AND ANALYSIS OF FERTILISERS) (No. 2), REGULATIONS, 1989.

EUROPEAN COMMUNITIES (SAMPLING AND ANALYSIS OF FERTILISERS) (No. 2), REGULATIONS, 1989.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Commission Directive 87/94/EEC of 8 December 1986⁽¹⁾, as corrected by the Corrigenda published in Official Journal No. L63 dated 9 March 1988 and amended by Commission Directive 88/126/EEC of 22 December 1987⁽²⁾, insofar as they relate to checking compliance with the requirements of Annex I to Council Directive 80/876/EEC of 15 July 1980⁽³⁾, hereby make the following regulations:

⁽¹⁾O.J. No. L38/1, 7.2.1987.

⁽²⁾O.J. No. L63/12, 9.3.1988.

⁽³⁾O.J. No. L250/7, 23.9.1980.

1. (1) These Regulations may be cited as the European Communities (Sampling and Analysis of Fertilisers) (No. 2) Regulations, 1989 and shall come into effect on the 1st day of August, 1989.

(2) The collective citation, the European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978 to 1989, shall include these Regulations.

2. In these Regulations--

"the directive of 1980" means Council Directive 80/876/EEC of 15 July 1980;

"the directive of 1987" means Commission Directive 87/94/EEC of 8 December 1986, as corrected by the Corrigenda published in Official Journal No. L63 dated 9 March 1988 and amended by Commission Directive 88/126/EEC of 22 December 1987;

"State Chemist" means the Head of the State Laboratory or a person authorised by him for the purposes of these Regulations.

3. These Regulations apply to any fertiliser which is a fertiliser described in Article 1 (1) of the directive of 1980.

4. Without prejudice to the Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 ( S.I. No. 191 of 1972 ), any fertiliser to which these Regulations apply shall conform to the limits for heavy metals content specified in Annex I to the directive of 1987.

5. Without prejudice to the Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 ( S.I. No. 191 of 1972 ), where the State Chemist receives a sample of any fertiliser to which these Regulations apply, transmitted in accordance with the requirements of Regulation 5 (3) or 7 (2) of the European Communities (Marketing of Fertilisers) Regulations, 1978, he shall cause the sample to be analysed in accordance with the methods described in Annex II to the directive of 1987, insofar as such methods relate to checking compliance with the limits specified in Annex I to the directive of 1980.

6. References in the European Communities (Marketing of Fertilisers) Regulations, 1978 ( S.I. No. 13 of 1978 ), to the European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978, shall be construed as references to the European Communities (Sampling and Analysis of Fertilisers) Regulations, 1978 to 1989.

GIVEN under my Official Seal, this 31st day of July, 1989.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations implement EEC criteria for heavy metals content and official methods for the analysis of straight ammonium nitrate fertilisers of high nitrogen content.