The Plant Protection Products Regulations 2011

Regulation 31(1)

SCHEDULE 4 Amendments

Regulations to be amended	Regulation and Schedule to be amended	Amendments to be made
The Control of Pesticides Regulations 1986(1)	Regulation 2(1)	After the definition of “provisional approval” insert— ““Regulation 1107/2009” means Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC;” (2).
	Regulation 3(2)(d)	Omit the words after “any plant protection product”.
	Regulation 3(3)	In the definition of “placing on the market” and “plant protection product” omit the words— ““placing on the market and” and for the definition of “plant protection product” substitute— ““plant protection product” has the same meaning as in Article 2(1) of Regulation 1107/2009;”.”
	Regulation 8(6)	Omit the words following “the Environmental Information Regulations 1992”.
The Plant Protection Products (Basic Conditions) Regulations 1997(3)	Regulation 2(1)	For the definition of “active substance” substitute— ““active substances” means substances, including micro-organisms, having general or specific action against harmful organisms or on plants, parts of plants or plant products;”. Omit— ““the Plant Protection Products Regulations” means the Plant Protection Products Regulations 1995;”. After the definition of “plant” insert— ““plant protection product” has the same meaning as in Article 2(1) of Regulation 1107/2009;”. For the definition of “prescribed plant protection product” substitute— ““prescribed plant protection product” means any plant protection product authorised or permitted in accordance with Regulation 1107/2009 or any plant protection product deemed to be authorised or permitted in accordance with that Regulation;”. After the definition of “prescribed plant protection product” insert— ““Regulation 1107/2009” means Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC;”.
	Regulation 3	Omit
	Regulation 4(1)	Omit.
	Regulation 5	Omit.
	Regulation 6(1)	Omit— “which has been approved under the Plant Protection Product Regulations”.
	Regulation 6(2)	For sub-paragraph (a) substitute— “an approval, expiring at the end of the period for which the plant protection product has been authorised or permitted in accordance with Regulation 1107/2009 or, where a period of grace has been granted in relation to that authorisation or permission for the disposal, storage, placing on the market and use of existing stocks, at the end of such period; or”
	Regulation 7	Omit sub-paragraph (a).
	Regulation 9	Omit.
	Schedule 1	Omit.
	Schedule 2 paragraph 1	For the words “the Plant Protection Products Regulations” substitute— “Regulation 1107/2009”.
	Schedule 2 paragraph 5(1)	For the words ““approval” means any approval given under the Plant Protection Products Regulations and “approved” shall be construed accordingly” substitute— ““approval” means an authorisation of, or permission for, a plant protection product in accordance with Regulation 1107/2009 or an approval or permission deemed to be authorised or permitted in accordance with that Regulation and “approved” shall be construed accordingly”.
	Schedule 3 paragraph 1	For the words “the Plant Protection Product Regulations” substitute— “Regulation 1107/2009”.
	Schedule 3 paragraph 5	Omit the entire paragraph.
	Schedule 3 paragraph 10	Substitute— “For the purpose of this Schedule “approval” means an authorisation of, or permission for, a plant protection product in accordance with Regulation 1107/2009 or an approval or permission deemed to be authorised or permitted in accordance with that Regulation and “approved” shall be construed accordingly.”.
	Schedule 4 paragraph 6	For the definition of “approval” substitute— ““approval” means an authorisation of, or permission for, a plant protection product in accordance with Regulation 1107/2009 or an approval or permission deemed to be authorised or permitted in accordance with that Regulation and “approved” shall be construed accordingly;”.
Biocidal Products Regulations 2001(4)	Regulation 3(3)	Omit.
	Regulation 3(8)	Omit.
	Schedule 2(w)	Substitute— “Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.”
	Schedule 2(x)	Omit.
	Schedule 13(1)	For the definition of “Plant protection product” substitute— ““Plant protection product” has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EEC;”.
Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004(5)	Regulation 2	In the definition of “pesticide residue” for the words “as defined in point 1 of Article 2 of Council Directive 91/414/EEC concerning the placing of plant protection products on the market” substitute— “which has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EEC, and “residue” shall be read in accordance with Article 3(1) of that Regulation”
Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003(6)	Regulation 2	In the definition of “pesticide residue” for the words “as defined in point 1 of Article 2 of Council Directive 91/414/EEC concerning the placing of plant protection products on the market” substitute— “which has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EEC, and “residue” shall be read in accordance with Article 3(1) of that Regulation”.
Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004(7)	Regulation 2	In the definition of “pesticide residue” for the words “as defined in point 1 of Article 2 of Council Directive 91/414/EEC concerning the placing of plant protection products on the market” substitute— “which has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EEC, and “residue” shall be read in accordance with Article 3(1) of that Regulation”.
Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008(8)	Regulation 4	Substitute— “Secretary of State” for “Health and Safety Executive”.
	Regulation 5	Substitute— “The functions of the member State in Regulation 396/2005 are to be performed by the Secretary of State.”.
	Regulation 8(1)	Substitute— “Secretary of State” for “Health and Safety Executive”.
	Regulation 12(a)	Substitute— “Secretary of State” for “Health and Safety Executive”.
Environmental Damage (Prevention and Remediation) Regulations 2009(9)	Schedule 2, paragraph 7(c)	For the words— “as defined in Article 2 (1) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market” substitute— “which has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EEC”.
	Schedule 3, paragraph 1(f)	Substitute— “an authorisation of, or permission for, a plant protection product granted, or deemed to be granted, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC;”.
Environmental Liability (Scotland) Regulations 2009(10)	Schedule 1, paragraph 7 (c)	For the words— “as defined in Article 2(1) of Council Directive 91/414/EEC of 15th July 1991 concerning the placing of plant protection products on the market” substitute— “which has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EC”
Environmental Damage (Prevention and Remediation) (Wales) Regulation 2009(11)	Schedule 2, paragraph 7(c)	For the words— “as defined in Article 2(1) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market” substitute— “which has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EEC”.
	Schedule 3, paragraph 1(f)	Substitute— “an authorisation of, or permission for, a plant protection product granted, or deemed to be granted, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.”
Chemicals (Hazard Information and Packaging for Supply) Regulations 2009(12)	Regulation 2(1)	For the definition of “plant protection product” substitute— ““plant protection product” has the same meaning as in 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 and repealing Council Directives 79/117/EEC and 91/414/EEC;”.
	Regulation 7(4)	For the words “Without prejudice to paragraph 3 of Schedule 3 to the Plant Protection Products Regulations, indications” substitute— “Indications”.
	Regulation 9(6)	Substitute— “In the case of a plant protection product authorised or permitted, or deemed to be authorised or permitted, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC or a product approved under the Control of Pesticides Regulations 1986 which is not a plant protection product, the labelling information required by these Regulations shall be accompanied by the wording “To avoid risks to man and the environment, comply with the instructions for use”.”.

(1)

S.I 1986/1510 amended by S.I 1997/188, 2001/880.

(2)

OJ No. L309, 24.11.2009, p.1.

(3)

S.I 1997/189.

(4)

S.I. 2001/880 amended by S.I. 2007/293, 2010/745.

(5)

S.S.I. 2004/8, as amended by S.S.I. 2007/424, there are other amending instruments but none is relevant.

(6)

S.I. 2003/3207, amended by S.I. 2007/2591, there are other amending instruments but none is relevant.

(7)

S.I. 2004/314 (W. 32), amended by S.I. 2007/2753, there are other amending instruments but none is relevant.

(8)

S.I. 2008/2570.

(9)

S.I. 2009/153, to which there are amendments not relevant to these Regulations.

(10)

S.S.I. 2009/266, to which there are amendments not relevant to these Regulations.

(11)

S.I. 2009/995 (W. 81).

(12)

S.I. 2009/716.