1 Title, commencement and extent

These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2003; they extend to England and Wales only, and shall come into force on 31st March 2003.

NOTES
Initial Commencement
Specified date

Specified date: 31 March 2003: see above.

2 Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999

2Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999

(1)    The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.

(2)    In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:

““the Residues Directives” means Council Directive 86/362/EEC, Council Directive 86/363/EEC and Council Directive 90/642/EEC, in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2003.”.

(3)    Regulation 4 (2A) shall be deleted.

(4)    In Schedule 1 there shall be inserted at the appropriate places in columns 1 and 2 the following entries (with the entries for profenofos replacing those for profenophos):

Column 1Column 2
PesticideResidues
AbamectinAbamectin (sum of avermectin B1a, avermectin B1b and delta-8, 9 isomer of avermectin B1a)
Azocyclotin and CyhexatinAzocyclotin and Cyhexatin (sum of azocyclotin and cyhexatin expressed as cyhexatin)
BifenthrinBifenthrin
BitertanolBitertanol
BromopropylateBromopropylate
ClofentezineClofentezine (sum of all compounds containing the 2-chlorobenzoyl moiety expressed as clofentezine)
CyromazineCyromazine
Fenpropimorph(1) For cereals and certain products of plant origin, including fruit and vegetables—fenpropimorph
(2) For products of animal origin—fenpropimorph carboxylic acid (BF 421-2) expressed as fenpropimorph
FlucythrinateFlucythrinate (expressed as flucythrinate, sum of isomers)
HexaconazoleHexaconazole
Myclobutanil(1) For cereals and certain products of plant origin, including fruit and vegetables—myclobutanil
(2) For products of animal origin—Alpha–(3-
hydroxybutyl)–alpha–(4-chlore-phenyl)–1H–1,2,4–
triazole -1–propanenitrile (RH 9090) expressed as myclobutanil
PenconazolePenconazole
ProchlorazProchloraz (sum of prochloraz and its metabolites containing the 2,4,6-Trichlorophenol moiety expressed as prochloraz)
ProfenofosProfenofos
ResmethrinResmethrin, including other mixtures of constituent isomers (sum of isomers)
Thifensulfuron methylThifensulfuron methyl
Triadimefon and TriadimenolTriadimefon and Triadimenol (sum of triadimefon and triadimenol)
TriasulfuronTriasulfuron
TridemorphTridemorph
2,4-D(1) For cereals and certain products of plant origin, including fruit and vegetables—2,4-D (sum of 2,4-D and its esters) expressed as 2,4-D
(2) For products of animal origin—2,4-D

(5)    In Part I of Schedule 2 the column relating to Bitertanol shall be deleted.

(6)    For Part 2 of Schedule 2 there shall be substituted the Schedule to these Regulations.

NOTES
Initial Commencement
Specified date

Specified date: 31 March 2003: see reg 1.

Miscellaneous

Paras (1), (4) above provide that the entries “Bitertanol” and “Bromopropylate” should be inserted into the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999, SI 1999/3483, Sch 1. These entries already exist in that Schedule. It is understood that this is a drafting error and that the amendment should be ignored.

Signature

Signed on behalf of the National Assembly for Wales

D Ellis-Thomas

Presiding Officer,

National Assembly for Wales

11th March 2003

Whitty

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs

10th March 2003

SCHEDULE

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations, which extend to England and Wales only, are made under section 2(2) of the European Communities Act 1972 and further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 (SI 1999/3483) (the principal Regulations).

Part 2 of Schedule 2 to the principal Regulations is consolidated to take account of changes and additions to the EC maximum residue levels that have been set at an EC level since the last consolidation of this Part by SI 2002/2723.

These regulations add new residue levels in Part 2 of Schedule 2 that have been set by recent amendments to the three Commission Directives: Council Directive 86/362/EEC, Council Directive 86/363/EEC and Council Directive 90/642/EEC. The following new or substituted maximum residue levels are implemented in Part 2 of Schedule 2 in these Regulations (regulation 2(6))—

Commission Directive 2002/79/EC (OJ L291, 28.10.2002, p 1) for abamectin, azocyclotin and cyhexatin, bifenthrin, bitertanol, bromopropylate, clofentezine, cyromazine, fenpropimorph, flucythrinate, hexaconazole, methacrifos, myclobutanil, penconazole, prochloraz, profenofos, resmethrin and bioresmethrin, tridemorph, triadimefon and triadimenol;

Commission Directive 2002/97/EC (OJ No L343, 18.12.2002, p 23) for triasulfuron, thifensulfuron methyl and 2,4-D;

Commission Directive 2002/100/EC (OJ No L2, 7.1.2003, p 33) replaces certain residue levels for azoxystrobin.

The definition of “the Residues Directives” is updated to take account of the latest Directives being implemented (regulation 2(2)).

These Regulations remove pesticide residue levels for bitertanol that had previously been set nationally by virtue of powers contained in the Food and Environment Protection Act 1985, from the list contained in Part 1 of Schedule 2 to the principal Regulations as these levels have been replaced by Community levels (regulation 2(5)).

No Regulatory Impact Assessment has been produced for these Regulations.