Consultation Doc references Areas of Concern Implications ... - iasis.ie

Consultation 

Doc references 

Areas of Concern Implications Comment 

Article 4, page 

5, National 

Action Plans 

The proposal that the 

consultation process to 

be organised will not 

include stakeholders 

The input that stakeholders 

could provide in designing 

the action plan will not be 

available; the opportunity to 

obtain stakeholder 

commitment to the process 

will be missed. 

A national action plan to reduce the risks associated 

with use of pesticides developed without involving 

stakeholders (manufacturers, wholesale and retail 

distributors, contractors, advisory organisations and 

end-users), is unlikely to be supported by those same 

stakeholders and would be doomed to fail. 

Article 4, pages 

5-6, National 

Action Plans 

The absence of a 

proposal that end-users, 

and advisors be 

required to record the 

rationale for plant 

protection measures 

selected / recommended 

The monitoring of progress in 

the implementation of 

integrated pest and crop 

management strategies and of 

progress in risk reduction will 

be greatly impeded by the 

absence of records on the 

decision-making process for 

selection of crop protection 

measures used. 

Specific proposals addressing the issue were submitted 

by IASIS (cf points 3.6 of the IASIS Submission to the 

Minister). 


8, Distributors 

The lack of provision 

for continuous 

professional education 

for distributors 

Reliance on technical 

bulletins to maintain up-todate 

knowledge of relevant 

legislative requirements 

including record keeping, of 

safe handling, storage and 

disposal, of risks arising, of 

emergency procedures, and of 

health monitoring and 

reporting will not be 

effective. 

The Directive requires that additional training be 

provided to update knowledge as appropriate. 

IASIS is developing a course which will lead to a 

FETAC level 5 award for pesticide distributors (cf 

points 5.1 to 5.3 & 5.6 of the IASIS Submission to the 

Minister). 

IASIS is currently developing CPE arrangements for 

distributors (cf points 5.4 & 5.5 of the IASIS 

Submission to the Minister). 

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8-9, Advisors 

The proposed 

requirement that nongraduate 

advisors with 

> 12 years’ experience 

on 25 th November 2009 

be supervised. 

The implication that 

non-graduate advisors 

with < 12 years’ 

experience on 25 th 

November 2009 cannot 

be certified as advisors. 

The proposals if enacted will 

result in a significant number 

of current advisors being 

made redundant and will 

negatively impact on the 

good name of many 

businesses. 

Litigation challenging the 

right of the Minister to make 

such provisions is likely to be 

initiated by aggrieved parties. 

While the Directive does not require that advisors have 

a NFQ Level 8 degree in Agricultural Science, IASIS 

achieved a consensus that such a requirement was 

desirable subject to equitable provision being made 

for current non-graduate advisors (cf points 3.10 to 

3.14 of the IASIS Submission to the Minister). 

While the wording of Section 3(2) of the European 

Communities Act provides the Minister powers to 

introduce measures necessary for the purposes of the 

regulations, the introduction of a degree requirement as 

proposed is not necessary, will not be required in other 

jurisdictions and would leave the regulations open to 

challenge by means of judicial review. 


5-6, National 

Action Plans 


8, Distributors 


8-9, Advisors 


6, Requirements 

for sales of 

pesticides 


12-13, 

Inspection of 

The absence of 

proposals that would 

permit relevant external 

organisations to be 

designated bodies with 

specific responsibilities 

for providing services 

and systems necessary 

for implementation of 

the Directive 


generate a significantly 

additional work load for the 

PRCD of the Department. In 

the absence of considerable 

additional resources required 

for implementation, the 

proposed regulations will be 

unenforceable i.e. Bad 

Legislation. 

Failure to give practical effect 

to the provisions of the 

Directive and to achieve its 

aims (i.e. risk reduction) will 

render the Department open 

-2- 

For the foreseeable future (3 to 5 years) the additional 

resources required for implementation of the Directive 

will not be available to the Department. Our 

understanding is that currently available resources will 

if anything contract further. In those circumstances the 

services of not-for-profit organisations such as IASIS 

should be availed of to provide services required for 

implementation of the Directive, where those services 

are within the area of competence and expertise of the 

organisations concerned. 

The implementing regulations could for example 

specify that IASIS Ltd., be designated a competent 

body for: - 

a. certification and annual renewal of certification of 

advisors (cf points 3.4, 3.7, 3.8, 3.13 of the IASIS



Equipment in 

Use 


19, Handling, 

Storage, 

Packaging and 

Remnants 


in due course to penalties 

imposed by the Commission 

where there is a failure to 

properly implement the 

Directive. 

Submission to the Minister), 

b. certification and annual renewal of certification of 

distributors (cf points 5.4, 5.6 of the IASIS 

Submission to the Minister), 

c. certification, annual renewal of certification and 

inspection of wholesale and retail pesticide stores 

(cf points 6.7, 6.8, 6.9, 6.10 of the IASIS 

Submission to the Minister), and 

d. certification of persons as inspectors of application 

equipment and for an audit programme to ensure 

compliance with the requirements for certification 

(cf points 8.3, 8.4 of the IASIS Submission to the 

Minister). 

Article 13, Page 

19, Handling, 

Storage, 

Packaging and 

Remnants 

The absence of 

proposals for practical 

measures do deal with 

remnants (waste). 

Reliance on issuing Guidance 

and associated education 

initiatives will not provide 

practical systems to resolve 

the on-going waste 

management problems arising 

for farmers and other endusers 

of pesticides. 

IASIS would be happy to coordinate stakeholder input 

to the development of practical measures to deal with 

remnants (waste), and to the drafting of appropriate 

measures to be included in the regulations implementing 

the Directive. 


22, Fees and 

Charges 

It is proposed that 

provision for fees and 

charges be addressed at 

a future date 


not provide for the recovery 

of costs by designated 

competent bodies for services 

provided 

It is essential that organizations designated as competent 

bodies for certification, renewal of certification, 

inspection and audit purposes be empowered to recover 

the cost of the services provided (cf points 10.2 of the 

IASIS Submission to the Minister). 

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Article 25 

The consultation 

document makes no 

reference to powers 

required to conduct 

inspections 

In the absence of specific 

provisions, necessary powers 

of entry, examination etc., 

will not available to 

inspecting officers 

(Department and designated 

competent bodies). 

It is necessary that organizations designated as 

competent bodies for certification, renewal of 

certification, inspection and audit purposes be 

empowered to conduct such inspections and audits (cf 

points 10.1 of the IASIS Submission to the Minister). 

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