CHAPTER IX

IMPLEMENTATION

Implementing measures
Article 46
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.
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)