1.—(1) These Regulations may be cited as the Plant Protection Products Amendment (No. 3) (Scotland) Regulations 2002 and shall come into force on 31st December 2002.
(2) These Regulations extend to Scotland only.
2.—(1) The Plant Protection Products Regulations 1995(1) are amended in accordance with this regulation.
(2) In regulation 7 (provisional approvals), after paragraph (5), insert–
“(5A) The Scottish Ministers may additionally allow a provisional approval to continue in effect for a product following the inclusion in Annex I, by virtue of a Directive specified in column 1 of Schedule A1, of an active substance, specified in column 2, contained in that product–
(a)in the case of a product that contains only one active substance, until either the date when a standard approval is granted for that product or the date listed in the entry in column 3 of Schedule A1 corresponding to that active substance, whichever date is the earlier; or
(b)in the case of a product that contains more than one active substance, until either the date when a standard approval is granted for that product or the date listed in the entry in column 3 of Schedule A1 corresponding to the later of the active substances in that product included in Annex 1, whichever date is the earlier.
(5B) An approval issued pursuant to paragraph (1) or extended or continued in effect pursuant to paragraph (5) or (5A) shall not cease to have effect by reason only of the inclusion of the active substance to which it relates in Annex I.”.
(3) Regulation 27(4) is omitted.
(4) Before Schedule 1, add Schedule A1 set out in the Schedule to these Regulations.
(5) In Schedule 1 (non-confidential information) for paragraph 2(b), substitute–
“(b)Council Directive 1999/45/EC concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(2).”.
(6) In Schedule 2 (labelling)–
(a)for paragraph 1(c), substitute–
“(c)the name and the amount of each active substance; the name must be–
(i)the same as that listed in Annex I to the Council Directive 67/548/EEC(3), if any;
(ii)the common name given by the International Organization for Standardization(4), if any; or
(iii)its chemical designation according to the rules of the International Union of Pure and Applied Chemistry contained in the Nomenclature of Organic Chemistry, 1979 Recommendations(5) and 1993 Recommendations(6);”;
(b)for paragraph 1(f) substitute–
“(f)the particulars required for the product in Articles 10 to 12 of Council Directive 1999/45/EC concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations and information on first aid;”.
(7) In Schedule 4 (instruments amending Council Directive 1991/414/EC)(7), after the last entry, add the following entries:–
| “Commission Directive 2002/37/EC | O.J. No. L 117, 4.5.02, p.10 (as from 1st March 2003) |
| Commission Directive 2002/48/EC | O.J. No. L 148, 6.6.02, p.19 |
| Commission Directive 2002/64/EC | O.J. No. L 189, 18.7.02, p.27 |
| Commission Directive 2002/81/EC | O.J. No. L 276, 12.10.02, p.28”. |
ROSS FINNIE
A member of the Scottish Executive
Pentland House,
Edinburgh
2nd December 2002