The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations which extend to England and Wales, 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 Regulations implement Commission Directive 2004/59/EC (OJ No. L120, 24.4.2004, p. 30) and Commission Directive 2004/61/EC (OJ No. L127, 29.4.2004, p.81).

The definition of “the Residues Directives” is updated (regulation 2(2)).

New maximum residue levels are substituted in Part 2 of Schedule 2 for residues of the pesticide Bromopropylate (regulation 2(4)(c)).

On 26th January 2005, in Part 2 of Schedule 2:

• new maximum residue levels are inserted for residues of the pesticides 1,2-Dichloroethane, Ethylene oxide, Mercury compounds and Nitrofen (regulation 2(5)(c)(ii));

• new maximum residue levels are substituted for residues of the pesticides Aldrin and Dieldrin, Binapacryl, Camphechlor (Toxaphene), Captafol, Chlordane, 1,2-Dibromoethane, Dinoseb, HCH (Hexachlorocyclohexane) and Hexachlorobenzene (regulation 2(5)(c)(iii)). The last two were previously designated as Hexachlorocyclohexane (HCH) and Hexachlorobenzene (HCB); and

• Schedule 1, which identifies the substances residues of which are taken into account in the measuring of residue levels for each pesticide, is amended to include new entries for the pesticides 1,2-Dichloroethane, Ethylene oxide and Nitrofen. The residues for the pesticides Aldrin and Dieldrin, Camphechlor (Toxaphene), Chlordane, HCH (Hexachlorocyclohexane) (under its previous designation) and Mercury compounds are replaced (regulation 2(5)(a)).

As a consequence of these changes, as read with the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs (England and Wales) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/2591), references to the pesticide Omethoate are omitted from Schedule 1 and Part 2 of Schedule 2 (regulation 2(3) and (4)(b)) and references to the pesticides Aldrin and Dieldrin, Chlordane and Mercury compounds are omitted from Part 1 of Schedule 2 (regulation 2(5)(b)).