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The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 No. 557

Commission Implementing Regulation (EU) 2018/555 concerning a coordinated multiannual control programme of the Union for 2019, 2020 and 2021 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

This section has no associated Explanatory Memorandum

12.—(1) Commission Implementing Regulation (EU) 2018/555 concerning a coordinated multiannual control programme of the Union for 2019, 2020 and 2021 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 is amended as follows.

(2) In Article 1, in the first paragraph, for “Member States” substitute “The competent authorities”.

(3) In Article 2—

(a)in paragraph 1, in the second subparagraph, for “Directive 2002/63/EC” substitute “the Annex to Commission Directive 2002/63/EC, as read in accordance with Article 27(3) of Regulation (EC) No 396/2005”;

(b)after paragraph 3 insert—

4.  For the purposes of paragraph 3—

(a)Directive 2006/125/EC(1) is to be read as if, in Article 2(c) the reference to point 1 of Article 2 of Directive 91/414/EC were a reference to Article 2(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market;

(b)Directive 2006/141/EC(2) is to be read as if, in Article 2(e) the reference to point 1 of Article 2 of Directive 91/414/EC were a reference to Article 2(1) of Regulation (EC) No 1107/2009..

(4) In Article 3—

(a)in the first paragraph, for “Member States” substitute “The competent authorities”;

(b)in the second paragraph, for “Member States” substitute “the competent authorities”.

(5) Omit Articles 4 and 5.

(6) After Article 5, omit the words from “This Regulation” to “Member States”.

(7) In Annex 1—

(a)in Part A, in the table—

(i)in the first column, in the fourth entry (Wine)—

(aa)for “Member States” substitute “The competent authorities”;

(bb)for “‘National Summary report’” substitute “information submitted under Article 31 of Regulation (EC) No 396/2005”;

(ii)in the third column, in the tenth entry (Virgin olive oil)—

(aa)for “Member States” substitute “The competent authorities”;

(bb)for “‘National Summary report’” substitute “information submitted under Article 31 of Regulation (EC) No 396/2005”;

(b)in Part C, in the table, in the fifth column, in the one-hundred-and-fourth entry (Isoprothiolane), omit the second sentence;

(c)in table footnote (1), for “part A of Annex I to Regulation (EC) No 396/2005” substitute “Section A of the list in Part 1 of the MRLs register relating to the relevant constituent territory”;

(d)in table footnote (6), in the second sentence, for “to EFSA” substitute “in the information submitted under Article 31 of Regulation (EC) No 396/2005”.

(8) In Annex 2—

(a)in point (1), for the words from “each Member State” to the end substitute “all of the competent authorities collectively is 71”;

(b)in point (2)—

(i)in the first paragraph—

(aa)for “the table in point (5)” substitute “point (1)”;

(bb)for “each Member State shall” substitute “the competent authorities must collectively”;

(ii)in the second and third paragraphs—

(aa)for “that table” substitute “point (1)”;

(bb)for “each Member State shall” substitute “the competent authorities must collectively”;

(c)in point (3)—

(i)omit “In accordance with the table in point (5),”;

(ii)for “each Member State” substitute “the United Kingdom”;

(d)in point (4)—

(i)in the first paragraph—

(aa)for “Member States” substitute “Competent authorities”;

(bb)for “the table in point (5)” substitute “point (1)”;

(cc)for “Member State” substitute “competent authority”;

(ii)in the second paragraph, for “Member States” substitute “a competent authority”;

(e)after point (4), insert—

(4A) For the purposes of this Annex, samples taken by the United Kingdom as an EU member State in accordance with this Regulation as it had effect immediately before exit day are deemed to have been taken by the competent authorities collectively in 2019.;

(f)omit point (5).

(1)

OJ No L 339, 6.12.2006, p 16.

(2)

OJ No L 401, 30.12.2006, p 1, as last amended Commission Directive 2013/46/EU (OJ No L 230, 29.8.2013, p 16).

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