Scottish Statutory Instruments
PESTICIDES
Made
31st May 2001
Laid before the Scottish Parliament
6th June 2001
Coming into force
1st August 2001
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972M1 and, in respect of regulation 3 of the following Regulations, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973M2, hereby make the following Regulations:
Marginal Citations
M11972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
M21973 c.51. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998.
1.—(1) These Regulations may be cited as the Plant Protection Products Amendment (No. 2) (Scotland) Regulations 2001 and shall come into force on 1st August 2001.
(2) These Regulations extend to Scotland only.
2. Regulation 2(1) (interpretation) of the Plant Protection Products Regulations 1995 M3 shall be amended by substituting for the definition of “the Directive”–
““the Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the market M4, as amended by–
(a)Commission Directive 93/71/EEC M5;
(b)Commission Directive 94/37/EC M6;
(c)Commission Directive 94/79/EC M7;
(d)Commission Directive 95/35/EC M8;
(e)Commission Directive 95/36/EC M9;
(f)Commission Directive 96/12/EC M10;
(g)Commission Directive 96/46/EC M11;
(h)Commission Directive 96/68/EC M12;
(i)Council Directive 97/57/EC M13;
(j)Commission Directive 97/73/EC M14;
(k)Commission Directive 98/47/EC M15;
(l)Commission Directive 1999/1/EC M16;
(m)Commission Directive 1999/73/EC M17;
(n)Commission Directive 1999/80/EC M18;
(o)Commission Directive 2000/10/EC M19;
(p)Commission Directive 2000/49/EC M20;
(q)Commission Directive 2000/50/EC M21;
(r)Commission Directive 2000/66/EC M22;
(s)Commission Directive 2000/67/EC M23;
(t)Commission Directive 2000/68/EC M24;
(u)Commission Directive 2000/80/EC M25 (as from 1st July 2002);
(v)Commission Directive 2001/21/EC M26 (as from 1st July 2002); and
(w)Commission Directive 2001/28/EC M27;”.
Marginal Citations
M3S.I. 1995/887, amended by S.I. 1997/7 and 2499 and S.S.I. 2001/161.
M4O.J. No. L 230, 19.8.91, p.1 (as read with Corrigenda published in O.J. No. L 170, 25.6.92, p.40).
M5O.J. No. L 221, 31.8.93, p.27 (as read with Corrigenda published in O.J. No. L 4, 6.1.96, p.16).
M6O.J. No. L 194, 29.7.94, p.65.
M7O.J. No. L 354, 31.12.94, p.16 (as read with Corrigenda published in O.J. No. L 280, 23.11.95, p.58).
M8O.J. No. L 172, 22.7.95, p.6.
M9O.J. No. L 172, 22.7.95, p.8.
M10O.J. No. L 65, 15.3.96, p.20.
M11O.J. No. L 214, 23.8.96, p.18.
M12O.J. No. L 277, 30.10.96, p.25.
M13O.J. No. L 265, 27.9.97, p.87.
M14O.J. No. L 353, 24.12.97, p.26.
M15O.J. No. L 191, 7.7.98, p.50.
M16O.J. No. L 21, 28.1.99, p.21.
M17O.J. No. L 206, 5.8.99, p.16.
M18O.J. No. L 210, 10.8.99, p.13.
M19O.J. No. L 57, 2.3.00, p.28.
M20O.J. No. L 197, 3.8.00, p.32.
M21O.J. No. L 198, 4.8.00, p.39.
M22O.J. No. L 276, 28.10.00, p.35.
M23O.J. No. L 276, 28.10.00, p.38.
M24O.J. No. L 276, 28.10.00, p.41.
M25O.J. No. L 309, 9.12.00, p.14.
M26O.J. No. L 69, 10.3.01, p.17.
M27O.J. No. L 113, 24.4.01, p.5.
3. Regulation 2 of the Plant Protection (Fees) Regulations 1995 M28 shall be amended by substituting for the definition of “principal Regulations”–
““principal Regulations” means the Plant Protection Products Regulations 1995 as amended by–
(a)the Plant Protection Products (Amendment) Regulations 1997 M29;
(b)the Plant Protection Products (Amendment) (No. 2) Regulations 1997 M30;
(c)the Plant Protection Products Amendment (Scotland) Regulations 2001 M31; and
(d)the Plant Protection Products Amendment (No. 2) (Scotland) Regulations 2001;”.
Marginal Citations
M28S.I. 1995/888, amended by S.I. 1997/884.
4. Regulation 2(a) of the Plant Protection Products Amendment (Scotland) Regulations 2001 M32 is hereby revoked.
Marginal Citations
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House, Edinburgh
31st May 2001
(This note is not part of the Regulations)
These Regulations further amend the Plant Protection Products Regulations 1995 (“the 1995 Regulations”), which implement Council Directive 91/414/EEC concerning the placing of plant protection products on the market (O.J. No. L 230, 19.8.91, p.1, as read with corrigenda published in O.J. No. L 170, 25.6.92, p.40).
The Regulations amend the definition of “the Directive” in the 1995 Regulations so as to implement–
(a) Commission Directive 2000/80/EC (O.J. No. L 309, 9.12.00, p.14) (as from 1st July 2002);S
(b) Commission Directive 2001/21/EC (O.J. No. L 69, 10.3.01, p.17) (as from 1st July 2002); andS
(c) Commission Directive 2001/28/EC (O.J. No. L 113, 24.4.01, p.5),which add lambda-cyhalothrin, amitrole, diquat, pyridate, thiabendazote and fenhaxamid to Annex I to the Directive (regulation 2).S
The Regulations also make consequential amendments to the Plant Protection Products (Fees) Regulations 1995, as amended (regulation 3).
Finally, the Regulations revoke regulation 2(a) of the Plant Protection Products Amendment (Scotland) Regulations 2001, which amended the 1995 Regulations and which amendment is superseded by these Regulations (regulation 4).