The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2002 (revoked) No. 2723

Statutory Instruments

2002 No. 2723

AGRICULTURE, ENGLAND AND WALES

PESTICIDES, ENGLAND AND WALES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2002

Made

31st October 2002

Laid before Parliament

1st November 2002

Coming into force

30th November 2002

The Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales, acting jointly (the National Assembly for Wales acting in relation to Wales only), being designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on them by that section, make the following Regulations:

Marginal Citations

M1 S.I. 1972/1811 in the case of the Secretary of State and S.I. 1999/2788 in the case of the National Assembly for Wales.

M2 1972 c. 68.

Title, commencement and extent E+W

1.  These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2002; they extend to England and Wales only, and shall come into force on 30th November 2002.

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

2.—(1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 M3 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 M4 , Council Directive 86/363/EEC M5 and Council Directive 90/642/EEC M6 , 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) (No. 2) Regulations 2002.”.

(3) For paragraph (b) of regulation 6 there shall be substituted the following paragraph—

“(b) the procedure to be followed for sampling for the determination of pesticide residues shall—

(i) be that set out in the Annex to Commission Directive 2002/63/EC M7 for the residues covered by Part 2 of Schedule 2; and

(ii) so far as is practicable, be that set out in the Codex Alimentarius Commission ’Recommended Method of Sampling for the Determination of Pesticide Residues for compliance with MRLs; CAC/GL 33-1999’ for the residues not covered by Part 2 of Schedule 2;”.

(4) In Schedule 1 there shall be inserted at the appropriate places in columns 1 and 2 the following entries (the entries for Dimethoate and Quintozene being substituted for the existing ones):

Column 1	Column 2
Pesticide	Residues
Bentazone	Bentazone (sum of bentazone and conjugates 6-OH-and 8-OH-bentazone expressed as bentazone)
Dimethoate	Dimethoate (sum of dimethoate and omethoate expressed as dimethoate)
Formothion	Formothion
Lindane	Lindane (Hexachloro-cylohexaneg)
Metsulfuron methyl	Metsulfuron methyl
Oxydemeton methyl	Oxydemeton methyl (sum of oxydemeton methyl and demeton-S-methylsulfone expressed as oxydemeton methyl)
Pyridate	Pyridate (sum of pyridate, its hydrolysis product CL 9673 (6-chloro-4-hydroxy-3-phenylpyridazin) and hydrolysable conjugates of CL 9673 expressed as pyridate)
Quintozene	Quintozene (sum of quintozene, and pentachloroaniline expressed as quintozene

(5) In Part I of Schedule 2 the following pesticide columns together with any residue level inserted under the respective columns shall be deleted—

(a) Hexachlorocyclohexane (HCH g) and Quintozene as at 1st December 2002;

(b) Dimethoate as at 1st January 2003;

(c) Parathion as at 1st May 2003.

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

Marginal Citations

M3 S.I. 1999/3483, amended by S.I. 2001/1113, S.I. 2001/2420, S.I. 2001/3834 and S.I. 2002/1767.

M4 OJ No. L221, 7.8.86, p. 37. The last amending instrument is Commission Directive 2002/76/EC (OJ No. L240, 7.9.2002, p. 45).

M5 OJ No. L221, 7.8.86, p. 43. The last amending instrument is Commission Directive 2002/71/EC (OJ No. L275, 22.8.2002, p. 21).

M6 OJ No. L350, 14.12.90, p. 71. The last amending instrument is Commission Directive 2002/76/EC.

M7 OJ No. L187, 16.7.2002, p. 30.

Signed on behalf of the National Assembly for Wales.

D. Elis-Thomas

Presiding Officer, National Assembly for Wales

24th October 2002

Whitty

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs

31st October 2002

Regulation 2(6)

SCHEDULE E+W

Explanatory Note

(This note is not part of the Order)

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 (S.I.1999/3483) (the principal Regulations).

Part 2 of Schedule 2 to the principal Regulations is consolidated (regulation 2(6)) 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 S.I. 2001/1113.

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 2002/42/EC (OJ No. L134, 22.5.2002 p. 29) for bentazone and pyridate;

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

Commission Directive 2002/71/EC (OJ No. L225, 22.8.2002 p. 21) for formothion, dimethoate and oxydemeton-methyl;

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

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 2 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 atwww.codexalimentarius.net. Alternatively the document is available from the Department for Environment, Food and Rural Affairs library situated at Nobel House, 17 Smith Square, London SW1P 3JR (E-mail: defra.library&defra.gsi.gov.uk).

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 1 of Schedule 2 to the principal Regulations as they have been replaced by Community levels (regulation 2(5)).

No Regulatory Impact Assessment has been produced for these Regulations.