The Plant Protection Products Amendment (No. 3) (Scotland) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, further amend the Plant Protection Products Regulations 1995 (“the 1995 Regulations”) which implement Council Directive 91/414/EEC concerning the placing of plant protection products on the market (“the Directive”).

Regulation 2(2) amends regulation 7 (provisional approvals) by adding a new regulation 7(5A) and (5B) to allow the continuation in effect of provisional approvals containing active substances that have been included in Annex I to the Directive beyond their expiry date, subject to the grant of a standard approval under regulation 5 of the 1995 Regulations or to a long stop date. Regulation 2(4) creates a new Schedule A1 that lists those long stop dates, as mentioned in the implementing EC instruments for extensions of provisional approvals.

Council Directive 1999/45/EC (O.J. No. L 200, 30.7.99, p.1) concerning the approximation of the laws, regulations and administrative provisions of Member States relating to classification, packaging and labelling of dangerous preparations has been implemented by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689), which apply to plant protection products approved under the 1995 Regulations. As a result of the revocation of the earlier Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (S.I. 1994/3247), regulation 27(4) of the 1995 Regulations is omitted (regulation 2(3)).

Certain labelling provisions in paragraph 1 of Schedule 2 have been amended to reflect the repeal of Directive 78/631/EEC (O.J. No. L 206, 29.7.78, p.13) by Council Directive 1999/45/EC (regulation 2(6)). This repeal is also now reflected with a reference to that 1999 Directive in paragraph 2(b) of Schedule 1 (regulation 2(5)).

Regulation 2(7) amends the definition of “the Directive” in the 1995 Regulations so as to implement Commission Directives 2002/37/EC, (as of 1st March 2003), 2002/48/EC, 2002/64/EC and 2002/81/EC which add the active substances ethofumesate, iprovalicarb, prosulfuron, sulsulfuron, cinidon ethyl, florasulam, picolinafen, famoxadone, metalaxyl M and flumioxazine to Annex I of the Directive.