Explanatory Note

(This note is not part of the Regulations)

These Regulations, which are made under section 2(2) of the European Communities Act 1972, amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 (“the principal Regulations”).

These Regulations implement Commission Directives 2006/62/EC (O.J. No. L 206, 27.07.06, p.27) and 2006/92/EC (O.J. No. L 311, 10.11.06, p.31) and implement in part Commission Directive 2007/7/EC (O.J. No. L43, 15.02.07, p.19).

The Regulations come into force, in stages, on 31st March 2007, 11th May 2007 and 21st January 2008.

The Regulations substitute or insert–

(a)new residue definitions for the pesticides Captan, Desmedipham and Phenmedipham in Schedule 1 to the principal Regulations which identifies the pesticide residues that are taken into account in the measuring of residue levels for each pesticide; and

(b)new maximum residue levels for the pesticides Atrazine, Captan, Chlorfenvinphos, Desmedipham, Dichlorvos, Ethion, Folpet and Phenmedipham in Schedule 2 to the principal Regulations.

A Regulatory Impact Assessment (“RIA”) was prepared in respect of the principal Regulations which provides a basis for establishing the impact of amendments to those Regulations. Copies of the RIA can be obtained from the Scottish Executive Environment and Rural Affairs Department, EPHAS2, Area 1-B, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY. Copies have been placed in the Scottish Parliament Information Centre.