2006 No. 449
PESTICIDES

The Plant Protection Products (Scotland) Amendment (No. 2) Regulations 2006

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Plant Protection Products (Scotland) Amendment (No. 2) Regulations 2006 and shall come into force on 26th September 2006.

Amendment of the Plant Protection Products (Scotland) Regulations 20052.

The Plant Protection Products (Scotland) Regulations 20052 are amended in accordance with regulations 3 and 4.

Amendment of regulation 2 (interpretation)3.

In regulation 2 (interpretation) in paragraph (1) for the definition of “the Directive” substitute–
““the Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the market3, as amended–

(a)

by the instruments listed in Part I of Schedule 1 to these Regulations;

(b)

from 1st October 2006, by the instruments listed in Part II of Schedule 1 to these Regulations;

(c)

from 1st November 2006, by the instrument listed in Part III of Schedule 1 to these Regulations;

(d)

from 1st January 2007, by the instrument listed in Part IV of Schedule 1 to these Regulations;

(e)

from 1st February 2007, by the instruments listed in Part V of Schedule 1 to these Regulations;

(f)

from 1st April 2007 by the instruments listed in Part VI of Schedule 1 to these Regulations;

(g)

from 1st August 2007 by the instrument listed in Part VII of Schedule 1 to these Regulations; and

(h)

from 1st November 2007 by the instrument listed in Part VIII of Schedule 1 to these Regulations;”.

Amendment of Schedule 1 (instruments amending Council Directive 91/414/EEC)4.

For Schedule 1 (instruments amending Council Directive 91/414/EEC) substitute the following Schedule–

“SCHEDULE 1INSTRUMENTS AMENDING COUNCIL DIRECTIVE 91/414/EEC

Regulation 2

PART 1Instruments in force

Instruments

Active substances added to Annex I

Commission Directive 93/71/EEC4

None

Commission Directive 94/37/EC5

None

Commission Directive 94/79/EC6

None

Commission Directive 95/35/EC7

None

Commission Directive 95/36/EC8

None

Commission Directive 96/12/EC9

None

Commission Directive 96/46/EC10

None

Commission Directive 96/68/EC11

None

Council Directive 97/57/EC12

None

Commission Directive 2000/80/EC13

imazalil, azoxystrobin, kresoxim-methyl, spiroxamine, azimsulfuron, fluroxypyr, metsulfuron-methyl, prohexadione-calcium, triasulfuron, esfenvalerate, bentazone and lambda-cyhalothrin

Commission Directive 2001/21/EC14

amitrole, diquat, pyridate and thiabendazole

Commission Directive 2001/28/EC15

Fenhexamid

Commission Directive 2001/36/EC16

None

Commission Directive 2001/47/EC17

Paecilomyces fumosoroseus

Commission Directive 2001/49/EC18

flupyrsulfuron-methyl

Commission Directive 2001/87/EC19

acibenzolar-s-methyl, cyclanilide, ferric phosphate, pymetrozine and pyraflufen-ethyl

Commission Directive 2001/99/EC20

glyphosate and thifensulfuron-methyl

Commission Directive 2001/103/EC21

2,4-dichlorophenoxy acetic acid

Commission Directive 2002/18/EC22

Isoproturon

Commission Directive 2002/37/EC23

Ethofumesate

Commission Directive 2002/48/EC24

iprovalicarb, prosulfuron and sulfosulfuron

Commission Directive 2002/64/EC25

cinidon-ethyl, cyhalofop-butyl, famoxadone, florasulam, metalaxyl-M and picolinafen

Commission Directive 2002/81/EC26

Flumioxazine

Commission Directive 2003/5/EC27

Deltamethrin

Commission Directive 2003/23/EC28

imazamox, oxasulfuron, ethoxysulfuron, foramsulfuron, oxadiargyl and cyazofamid

Commission Directive 2003/31/EC29

2,4-DB, beta-cyfluthrin, cyfluthrin, iprodione, linuron, maleic hydrazide and pendimethalin

Council Regulation (EC) No. 806/200330

None

Commission Directive 2003/39/EC31

propineb and propyzamide

Commission Directive 2003/68/EC32

trifloxystrobin, carfentrazone-ethyl, mesotrione, fenamidone and isoxaflutole

Commission Directive 2003/70/EC33

mecoprop, mecoprop-P and propiconazole

Commission Directive 2003/79/EC34

Coniothyrium minitans

Commission Directive 2003/81/EC35

molinate, thiram and ziram

Commission Directive 2003/82/EC36

None

Commission Directive 2003/84/EC37

flurtamone, flufenacet, iodosulfuron, dimethenamid-p, picoxystrobin, fosthiazate and silthiofam

Commission Directive 2003/112/EC38

Paraquat

Commission Directive 2003/119/EC39

mesosulfuron, propoxycarbazone and zoxamide

Commission Directive 2004/20/EC40

Chlorpropham

Commission Directive 2004/30/EC41

benzoic acid, flazasulfuron and pyraclostrobin

Commission Directive 2004/58/EC42

alpha-cypermethrin, benalaxyl, bromoxynil, desmedipham, ioxynil and phenmedipham

Commission Directive 2004/60/EC43

Quinoxyfen

Commission Directive 2004/62/EC44

Mepanipyrim

Council Directive 2004/66/EC45

None

Commission Directive 2004/71/EC46

Pseudomonas chlororaphis

Commission Directive 2004/99/EC47

acetamiprid and thiacloprid

Commission Directive 2005/2/EC48

Ampelomyces quisqualis and Gliocladium catenulatum

Commission Directive 2005/3/EC49

imazosulfuron, laminarin, methoxyfenozide and s-metolachlor

Council Directive 2005/25/EC50

None

Commission Directive 2005/34/EC51

etoxazole and tepraloxydim

Commission Directive 2005/53/EC52

chlorothalonil, chlorotoluron, cypermethrin, daminozide and thiophanate-methyl

Commission Directive 2005/54/EC53

Tribenuron

Commission Directive 2005/58/EC54

bifenazate and milbemectin

Commission Directive 2006/45/EC55

None

PART IIInstruments coming into force on 1st October 2006

Instruments

Active substances added to Annex I

Commission Directive 2006/10/EC56

forchlorfenuron and indoxacarb

Commission Directive 2006/19/EC57

1-methylcyclopropene

PART IIIInstruments coming into force on 1st November 2006

Instruments

Active substances added to Annex I

Commission Directive 2005/57/EC58

MCPA and MCPB

PART IVInstruments coming into force on 1st January 2007

Instruments

Active substances added to Annex I

Commission Directive 2005/72/EC59

chlorpyrifos, chlorpyrifos-methyl, mancozeb, maneb and metriram

PART VInstruments coming into force on 1st February 2007

Instruments

Active substances added to Annex I

Commission Directive 2006/16/EC60

Oxamyl

Commission Directive 2006/41/EC61

clothianidin and pethoxamid

PART VIInstruments coming into force on 1st April 2007

Instruments

Active substances added to Annex I

Commission Directive 2006/5/EC62

Warfarin

Commission Directive 2006/6/EC63

Tolylfluanid

PART VIIInstruments coming into force on 1st October 2006

Instruments

Active substances added to Annex I

Commission Directive 2006/39/EC64

clodinafop, pirimicarb, rimsulfuron, tolclofos-methyl and triticonazole

PART VIIIInstruments coming into force on 1st October 2006

Instruments

Active substances added to Annex I

Commission Directive 2006/64/EC65

clopyralid, cyprodinil, fosetyl and trinexapac”.

Revocation5.

The Plant Protection Products (Scotland) Amendment Regulations 200666 are revoked.
ROSS FINNIE
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations further amend the Plant Protection Products (Scotland) Regulations 2005 (S.S.I. 2005/331) (“the principal Regulations”) which implement in Scotland Council Directive 91/414/EEC concerning the placing of plant protection products on the market (O.J. No. L 230, 19.8.91, p.1 as read with corrigendum published in O.J. No. L 170, 25.6.92, p.40) (“the Directive”).

These Regulations amend the definition of “the Directive” in the principal Regulations so as to implement Commission Directives 2006/39/EC (O.J. No. L 104, 13.4.06, p.30), 2006/41/EC (O.J. No. L 187, 8.7.06, p.24), 2006/45/EC (O.J. No. L 130, 18.5.06, p.27), and 2006/64/EC (O.J. No. L 206, 27.7.06, p.107) which amend Annex 1 to the Directive (regulation 3).

These 4 Directives amend the specification of the active substance, propoxycarbazone, and add 11 substances to the list of active substances in Annex I of the Directive. The 4 Directives and the additional 11 active substances are therefore added to Schedule 1 to the principal Regulations by substituting a new Schedule for Schedule 1 to the principal Regulations (regulations 3 and 4). In consequence the list of active substances which can be used in products capable of being approved under regulations 5 and 6 of the principal Regulations for placing on the market and use is extended accordingly.

Finally, the Regulations revoke the Plant Protection Products (Scotland) Amendment Regulations 2006 (S.S.I. 2006/241) which amended the principal Regulations and which amendment is superseded by these Regulations (regulation 5).

A full regulatory impact assessment has not been prepared in respect of these Regulations because they have no impact on the costs of business.