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Regulation (EC) No 396/2005 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (Text with EEA relevance)
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Changes over time for: SECTION 4
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There are currently no known outstanding effects by UK legislation for Regulation (EC) No 396/2005 of the European Parliament and of the Council, SECTION 4.
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SECTION 4U.K.Information by the [F1competent authorities] and annual report
Article 31U.K.Information by the [F2competent authorities]
1.[F3Each competent authority] shall submit the following information concerning the previous calendar year to the [F4other competent authorities] by 31 August each year:
(a)the results of the official controls provided for in Article 26(1) [F5, and the results of the analysis of samples tested in accordance with the competent authority's control programme and any Great Britain control programme];
(b)the LODs applied in the [F6competent authority's control programme] referred to in Article 30 and under [F7any Great Britain] control programme referred to in Article 29;
(c)details of the participation of the analytical laboratories in the F8... proficiency tests referred to in Article 28(3) and other proficiency tests relevant to the pesticide-product combinations sampled in the [F9competent authority's] control programme;
(d)details of the accreditation status of the analytical laboratories involved in the controls referred to in point (a);
(e)where permitted by national legislation, details of enforcement measures taken.
[F102.The competent authorities may jointly issue guidance regarding the format and submission of information in accordance with paragraph 1.
3.The competent authorities must jointly publish any guidance issued under paragraph 2 in a manner which the competent authorities consider appropriate.
4.In submitting information in accordance with paragraph 1, a competent authority must have regard to any guidance issued under paragraph 2.]
Textual Amendments
F2Words in Art. 31 heading substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 31(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(10)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 31(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(10)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 31(1)(a) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(10)(b)(ii) (as amended by S.I. 2020/1376, regs. 1(4), 6(5)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 31(1)(b) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(10)(b)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 31(1)(b) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(10)(b)(iii)(bb) (as amended by S.I. 2020/1376, regs. 1(4), 6(5)(c)); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in Art. 31(1)(c) 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), 7(10)(b)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 31(1)(c) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(10)(b)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Article 32U.K.The Annual Report on Pesticide Residues
1.On the basis of the information provided F11... under Article 31(1) the [F12competent authorities must jointly] draw up an Annual Report on pesticide residues.
2.The [F13competent authorities] shall include information on at least the following in the Annual Report:
(a)an analysis of the results of the controls provided for in Article 26(2) [F14, and of the results of the analysis of samples tested in accordance with each competent authority's control programme and any Great Britain control programme];
(b)a statement of the possible reasons why [F15any] MRLs were exceeded, together with any appropriate observations regarding risk management options;
(c)an analysis of chronic and acute risks to the health of consumers from pesticide residues;
(d)an assessment of consumer exposure to pesticide residues based on the information provided under point (a) and any other relevant available information F16....
[F172A. For the purpose of the first annual report under paragraph 1, paragraph 2(a) is to be read as if for “in accordance with each competent authority’s control programme and any Great Britain control programme” there were substituted “by the United Kingdom as an EU member State in accordance with Commission Implementing Regulation (EU) 2019/533 concerning a coordinated multiannual control programme of the Union for 2020, 2021 and 2022 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin as it had effect immediately before IP completion day ]
F183.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F184.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F185.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F186.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F197.The competent authorities must jointly publish the Annual Report by the 31st October of the second year following the year to which the information in the Annual Report relates.]
Textual Amendments
F11Words in Art. 32(1) 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), 7(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 32(1) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 32(2) substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 32(2)(a) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(11)(b)(ii) (as amended by S.I. 2020/1376, regs. 1(4), 6(5)(d)); 2020 c. 1, Sch. 5 para. 1(1)
F15Word in Art. 32(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), 7(11)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 32(2)(d) 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), 7(11)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F17Art. 32(2A) inserted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(11)(c) (as amended by S.I. 2020/1376, regs. 1(4), 6(5)(e)); 2020 c. 1, Sch. 5 para. 1(1)
F18Art. 32(3)-(6) 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), 7(11)(d); 2020 c. 1, Sch. 5 para. 1(1)
F20Article 33U.K.Submission of the Annual Report on Pesticide Residues to the Committee
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Art. 33 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), 7(12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Words in Ch. 5 Section 4 heading substituted (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 7(9); 2020 c. 1, Sch. 5 para. 1(1)
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