Regulation (EC) No 396/2005 of the European Parliament and of the CouncilDangos y teitl llawn

[F1 Article 46 U.K. Implementing measures

1. A competent authority may issue guidance to assist in the application of this Regulation in relation to its constituent territory, including (but not limited to)—

(a) guidance on the scientific data required for the setting of MRLs;

(b) guidance regarding the sampling methods other than those described in Article 27(2) which are necessary for carrying out such controls of pesticide residues in products;

(c) guidance regarding the specific validation criteria and quality control procedure in relation to the methods of analysis referred to in Article 28(1).

1A. A competent authority must publish any guidance issued under paragraph 1 in a manner which the competent authority considers appropriate.

1B. The Secretary of State may issue guidance under paragraph 1 instead of a competent authority—

(a) in relation to Wales, with the consent of the Welsh Ministers;

(b) in relation to Scotland, with the consent of the Scottish Ministers;

1C. Where the Secretary of State issues guidance under paragraph 1B, a reference in paragraph 1A to competent authority is to be read as a reference to Secretary of State.

1D. In complying with any obligation under this Regulation, a person or competent authority must have regard to any guidance issued in accordance with paragraph 1.

2. The Secretary of State may, by regulations, amend—

(a) Article 29(2)(b) in respect of the date by which a Great Britain control programme must be published;

(b) Article 30(2) in respect of the date by which a competent authority must submit its control programme;

(c) the date in Article 31(1) by which a competent authority must submit the information described in that Article;

(d) the date in Article 32(7) by which the Annual Report must be published.

3. The Secretary of State may only make regulations under paragraph 2 with the consent of the Welsh Ministers and the Scottish Ministers.]

Textual Amendments

F1 Arts. 46-46B substituted for Art. 46 (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 9(4) (as amended by S.I. 2020/1376, regs. 1(4), 6(6)); 2020 c. 1, Sch. 5 para. 1(1)