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

CHAPTER III U.K. MRLS APPLICABLE TO PRODUCTS OF PLANT AND ANIMAL ORIGIN

[F1 Article 18 U.K. Compliance with MRLs

[F2 1. A product listed in Part 1 of the MRLs register in relation to a constituent territory must not contain, from the time it is placed on the market as food or feed, or fed to animals in that constituent territory, any pesticide residue exceeding—

(a) the MRL for that product listed in Part 2 or 3 of the MRLs register in relation to that constituent territory;

(b) the level described in paragraphs 1A or 1B, where there is no MRL.

1A. Where there is no MRL for a product listed in Part 2 or 3 of the MRLs register in relation to a constituent territory, the level is the default value for an active substance as listed in Part 5 of the MRLs register in relation to that constituent territory (see Article 18A).

1B. Where in relation to a constituent territory—

(a) there is no MRL for the product in Part 2 or 3 of the MRLs register,

(b) there is no default value for an active substance listed in Part 5 of the MRLs register, and

(c) the active substance is not listed in Part 4 of the MRLs register,

the level applicable is 0.01mg/kg.]

2. [F3 A competent authority] may not prohibit or impede the placing on the market or the feeding to food-producing animals within [F4 its constituent territory] of the products [F5 listed in Part 1 of the MRLs register in relation to its constituent territory] on the grounds that they contain pesticide residues provided that:

(a) such products comply with paragraph 1 and Article 20; or

(b) the active substance is listed in [F6 Part 4 of the MRLs register in relation to that constituent territory].

3. [F7 By way of derogation from paragraph 1, a competent authority may authorise, further to a post-harvest treatment with a fumigant on its constituent territory, residue levels for an active substance which exceed the limits specified in Part 2 or 3 of the MRLs register in relation to that constituent territory where the active substance/product combinations are listed in Part 7 of the MRLs register in relation to that constituent territory, provided that—]

(a) such products are not intended for immediate consumption;

(b) appropriate controls are in place to ensure that such products cannot be made available to the end user or consumer, if they are supplied directly to the latter, until the residues no longer exceed the maximum levels specified in [F8 Part 2 or 3 of the MRLs register];

(c) the other [F9 competent authorities] have been informed of the measures taken.

F10 ...

[F11 3A. A competent authority may, in relation to its constituent territory—

(a) define combinations of active substances and products for the purposes of paragraph 3;

(b) modify or withdraw any such combinations.

3B. As soon as reasonably practicable after defining, modifying or withdrawing a combination in accordance with paragraph 3A the competent authority must—

(a) notify the other competent authorities of the defining, modifying or withdrawing of the combination and the reason for that decision, and

(b) update the MRLs register accordingly.]

4. In exceptional circumstances, and in particular further to the use of plant protection products in accordance with [F12 Article 53 of Regulation (EC) No 1107/2009] or pursuant to obligations set out in [F13 the EU-derived domestic legislation which transposed] Directive 2000/29/EC(1), a [F14 competent authority] may authorise the placing on the market and/or the feeding to animals within its [F15 constituent] territory of treated food or feed not complying with paragraph 1, provided that such food or feed does not constitute an unacceptable risk. F16 ....

[F17 5. Where a competent authority grants an authorisation in accordance with paragraph 4, the competent authority must—

(a) notify the other competent authorities of that authorisation;

(b) as soon as reasonably practicable, undertake an appropriate risk assessment with a view to setting a temporary MRL for a specified period, or taking any other necessary measure in relation to the products to which the authorisation relates.

6. After the completion of the risk assessment described in paragraph 5(b) the competent authority may set a temporary MRL, and Article 15(3) to (9) applies to any temporary MRL set.

7. In paragraph 4, “EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018.]]

Textual Amendments

F1 Substituted by Regulation (EC) No 299/2008 of the European Parliament and of the Council of 11 March 2008 amending Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin, as regards the implementing powers conferred on the Commission.

F2 Art. 18(1)-(1B) substituted for Art. 18(1) (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 18(2) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 18(2) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 18(2) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 18(2)(b) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 18(3) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 18(3)(b) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 18(3)(c) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 18(3) omitted (31.12.2020) by virtue of The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 18(3A)(3B) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 18(4) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 18(4) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 18(4) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in Art. 18(4) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 18(4) omitted (31.12.2020) by virtue of The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 18(5)-(7) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(2)(f); 2020 c. 1, Sch. 5 para. 1(1)

[F18 Article 18A U.K. Setting default values for active substances

1. A competent authority may, in relation to its constituent territory, set a default value for an active substance where—

(a) there is no specific MRL for that active substance listed in Part 2 or 3 of the MRLs register in relation to that constituent territory, and

(b) the active substance is not listed in Part 4 of the MRLs register in relation to that constituent territory.

2. A competent authority may modify or withdraw a default value listed in Part 5 of the MRLs register in relation to its constituent territory.

3. When setting, modifying or withdrawing a default value, the competent authority must take into account the routine analytical methods available.

4. As soon as reasonably practicable after setting, modifying or withdrawing a default value the competent authority must—

(a) notify the other competent authorities of the setting, modifying or withdrawing of the default value and the reason for that decision, and

(b) update the MRLs register accordingly.

5. The Secretary of State may set, modify or withdraw a default value in accordance with paragraph 1 or 2 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.

6. Where the Secretary of State sets, modifies or withdraws a default value in accordance with paragraph 5, a reference in paragraph 3 or 4 to the competent authority is to be read as a reference to the Secretary of State.]

Textual Amendments

F18 Art. 18A inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(3) (as amended by S.I. 2020/1376, regs. 1(4), 6(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 19 U.K. Prohibition concerning processed and/or composite products

The processing, and/or mixing for dilution purposes with the same or other products, of the products [F19 listed in Part 1 of the MRLs register in relation to a constituent territory] not complying with Articles 18(1) or 20 with a view to placing them on the market as food or feed or feeding them to animals [F20 in that constituent territory] shall be prohibited.

Textual Amendments

F19 Words in Art. 19 substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 19 inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 20 U.K. MRLs applicable to processed and/or composite products

1. Where MRLs are not set out in [F21 Part 2 or 3 of the MRLs register in relation to a constituent territory] for processed and/or composite food or feed, the MRLs applicable shall be those provided in Article 18(1) for the relevant product [F22 listed in Part 1 of the MRLs register in relation to that constituent territory], taking into account changes in the levels of pesticide residues caused by processing and/or mixing.

[F23 2. A competent authority may, in relation to its constituent territory—

(a) specify concentration factors or dilution factors for—

(i) specified processing or mixing operations, or

(ii) specified processed or composite products;

(b) modify or withdraw any such factors.

3. As soon as reasonably practicable after specifying, modifying or withdrawing concentration or dilution factors in accordance with paragraph 2 the competent authority must—

(a) notify the other competent authorities of the specifying, modifying or withdrawing of the factors and the reason for that decision, and

(b) update Part 6 of the MRLs register accordingly.

4. The Secretary of State may specify, modify or withdraw concentration or dilution factors in accordance with paragraph 2 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.

5. Where the Secretary of State specifies, modifies or withdraws concentration or dilution factors in accordance with paragraph 4, a reference in paragraph 3 to the competent authority is to be read as a reference to the Secretary of State.]

Textual Amendments

F21 Words in Art. 20(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 20(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 20(2)-(5) substituted for Art. 20(2) (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 5(5)(b) (as amended by S.I. 2020/1376, regs. 1(4), 6(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

(1)

[F1 Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ( OJ L 169, 10.7.2000, p. 1 ). Directive as last amended by Commission Directive 2007/41/EC ( OJ L 169, 29.6.2007, p. 51 ).]

Textual Amendments

F1 Substituted by Regulation (EC) No 299/2008 of the European Parliament and of the Council of 11 March 2008 amending Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin, as regards the implementing powers conferred on the Commission.