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

Existing default values for active substances in Annex 5 to Regulation (EC) No 395/2005

6.—(1) In accordance with this paragraph, a default value for an active substance which immediately before exit day is set out in an entry in the table in Annex 5 is taken to have been set by each competent authority in relation to its constituent territory under Article 18A(1) of Regulation (EC) No 396/2005.

(2) Sub-paragraph (3) applies where a default value to which sub-paragraph (1) applies is immediately before exit day subject to a requirement for the European Commission to take specified information into account when reviewing that default value if the information is submitted by a specified date, or the lack of that information if it is not submitted by that date.

(3) Where this sub-paragraph applies, on and after exit day the default value is taken to be subject to the requirement as modified as follows—

(a) a reference in the requirement to the Commission is to be read as a reference to the competent authority;

(b) if the specified date occurred before exit day and on or before that specified date—

(i) the specified information was submitted to the European Commission, the specified date is to be read as 1st January 2020;

(ii) the specified information was not submitted to the European Commission, the requirement is to be read as a requirement on each competent authority to take the lack of that information into account when reviewing the default value.

(4) In sub-paragraph (1), “Annex 5” means Annex 5 to Regulation (EC) No 396/2005 as it has effect immediately before exit day, read as if, in the table—

(a) in table footnote (a)—

(i) after “apply” there were inserted “in relation to a constituent territory”;

(ii) for “Annex I” there were substituted “Part 1 of the MRLs register”;

(b) in table footnote (**), for “Annex III Part A” there were substituted “Part 3 of the MRLs register”;

(5) In sub-paragraphs (2) and (3), “specified” means specified in the requirement.