Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which are made under section 2(2) of the European Communities Act 1972, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 20, as amended by S.R. 2002 No. 27 and S.R. 2002 No. 250) (“the principal Regulations”).

These Regulations add new residue levels in Part II 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 II of Schedule 2 in these Regulations (regulation 2(6))–

• Commission Directive 2002/42/EC (O.J. No. L134, 22.5.2002, p. 29) for bentazone and pyridate;

• Commission Directive 2002/66/EC (O.J. No. L192, 20.7.2002, p. 47) for lindane, quintozene, parathion and permethrin;

• Commission Directive 2002/71/EC (O.J. No. L225, 22.8.02, p. 21) for formothion, dimethoate and oxydemeton-methyl;

• Commission Directive 2002/76/EC (O.J. No. L240, 7.9.2002, p. 45) for metsulfuron methyl;

• Commission Directive 2002/100/EC (O.J. No. L2, 7.1.2003, p. 33) for azoxystrobin.

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

Regulation 2(3) substitutes a new regulation 6(b) in the principal Regulations. The new regulation 6(b)(i) provides for the Sampling Procedure as contained in the Annex to Commission Directive 2002/63/EC to apply for the determination of pesticide residues set by the Community (Part II of Schedule 2). The new regulation 6(b)(ii) provides for the sampling of pesticide residues still set nationally to be carried out, so far as is practicable, in accordance with the methods and procedures recommended by the Codex Alimentarius Commission ‘Recommended methods of sampling for the determination of pesticide residues for compliance with MRLs; CAC/GL 33 –1999’. Copies are available from their website from their list of standards at www.codexalimentarius.net. Alternatively the document is available from the Department for Environment, Food and Rural Affairs library situated at Nobel House, Smith Square, London SW1 (E-mail: [e-mail]).

These Regulations remove certain pesticide residues, 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 I of Schedule 2 to the principal Regulations as they have been replaced by Community levels (regulation 2(5)).