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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040399.html

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2004 No. 399

AGRICULTURE

PESTICIDES

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2004

  Made 15th September 2004 
  Laid before the Scottish Parliament 16th September 2004 
  Coming into force 24th October 2004 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 3) Regulations 2004 and shall come into force on 24th October 2004.

Amendment of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000
     2.  - (1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000[2] are amended in accordance with this regulation.

    (2) In Schedule 1[3] omit-

    (3) In Part 1 of Schedule 2[4], with effect from 26th January 2005, omit the headings "Aldrin and dieldrin", "Chlordane" and "Mercury compounds" together with all residue levels relevant thereto.

    (4) In Part 2 of Schedule 2[5]-

    (5) For Schedule 5[6] substitute the Schedule set out in Schedule 2 to these Regulations.

Revocations
     3. Regulation 2(5) of, and Schedule 2 to, the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2004[7] are hereby revoked.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
15th September 2004



Click here to view Schedule 1


SCHEDULE 2
Regulation 2(5)



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which extend to Scotland only, further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 ("the principal Regulations").

The Regulations implement Commission Directive 2004/59/EC (O.J. No. L 120, 24.4.04, p.30) and Commission Directive 2004/61/EC (O.J. No. L 127, 29.4.04, p.81).

The Regulations remove references to the pesticide Omethoate and its residues from the principal Regulations to implement Commission Directive 2002/71/EC (O.J. No. L 225, 22.8.02, p.21) (regulation 2(2)(a) and (4)(c)).

With effect from 25th October 2004, the Regulations set new maximum residue levels for the pesticide Bromopropylate (regulation 2(4)(d) and Schedule 1).

With effect from 26th January 2005, the Regulations introduce maximum residue levels for the pesticides 1,2 Dichloroethane, Ethylene oxide and Nitrofen (regulations 2(2)(c) and 2(4)(f) and Schedule 1).

With effect from 26th January 2005, the Regulations set new maximum residue levels for the pesticides Aldrin and dieldrin, Binapacryl, Camphechlor (Toxaphene), Captafol, Chlordane, 1 2 Dibromoethane, Dinoseb, HCH (Hexachlorocyclohexane), Hexachlorobenzene and Mercury compounds (regulation 2(2)(b), (c), (3), (4)(e), (f) and (g) and Schedule 1). HCH (Hexachlorocyclohexane) was previously known as Hexachlorocyclohexane (HCH) and Hexachlorobenzene was previously known as Hexachlorobenzene (HCB). The maximum residue levels for the pesticides Chlordane and Mercury compounds, and most of the maximum residue levels for Aldrin and dieldrin, were previously set nationally.

With effect from 26th January 2005, the Regulations insert new definitions of the residues of the pesticides Aldrin and dieldrin, Camphechlor (Toxaphene), Chlordane and Mercury compounds (regulation 2(2)(d)).

The Regulations amend the maximum residue levels of Aramite and Diphenylamine on papaya to implement Commission Directive 2000/24/EC (O.J. No. L 107, 4.5.00, p.28) and Commission Directive 2000/57/EC (O.J. No. L 244, 29.9.00, p.76) respectively (regulation 2(4)(a) and (b)).

These Regulations also update the definition of "Residue Directives" in the principal Regulations (by substituting Schedule 5 to the principal Regulations) to incorporate Commission Directives 2004/59/EC and 2004/61/EC (regulation 2(5) and Schedule 2).

Regulation 3 makes consequential revocations.

No Regulatory Impact Assessment has been produced in relation to these Regulations.

Notes:

 [1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15. The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2000/22 amended by S.S.I. 2001/84, 221 and 435, 2002/271 and 489, 2003/118 and 445 and 2004/104 and 220.back

[3] Schedule 1 was amended by S.S.I. 2001/84 and 221, 2002/271 and 489, 2003/118 and 445 and 2004/104 and 220.back

[4] Part 1 of Schedule 2 was amended by S.S.I. 2001/84, 2002/489, 2003/188 and 445 and 2004/104.back

[5] Part 2 of Schedule 2 was substituted by S.S.I. 2003/118 and amended by S.S.I. 2003/445 and 2004/104 and 220.back

[6] Schedule 5 was inserted by S.S.I. 2002/271 and last substituted by S.S.I. 2004/220.back

[7] S.S.I. 2004/220.back

[8] O.J. No. L 221, 7.8.86, p.37.back

[9] As amended by Corrigendum to Commission Directive 2002/42/EC, O.J. No. L 140, 30.5.02, p.39.back

[10] As amended by Corrigendum to Commission Directive 2002/79/EC, O.J. No. L 342, 30.12.03, p.58.back

[11] As amended by Corrigendum to Commission Directive 2003/60/EC, O.J. No. L 14, 21.1.04, p.55.back

[12] As amended by Corrigendum to Commission Directive 2003/113/EC, O.J. No. L 104, 8.4.04, p.135 (which superseded Corrigendum to Commission Directive 2003/113/EC, O.J. No. L 98, 2.4.04, p.61).back

[13] As amended by Corrigendum to Commission Directive 2004/2/EC, O.J. No. L 28, 31.1.04, p.30.back

[14] O.J. No. L 221, 7.8.86, p.43.back

[15] As amended by Corrigendum to Commission Directive 2002/79/EC, O.J. No. L 342, 30.12.03, p.58.back

[16] As amended by Corrigendum to Commission Directive 2003/60/EC, O.J. No. L 14, 21.1.04, p.55.back

[17] As amended by Corrigendum to Commission Directive 2003/113/EC, O.J. No. L 104, 8.4.04, p.135. (which superseded Corrigendum to Commission Directive 2003/113/EC, O.J. No. L 98, 2.4.04, p.61).back

[18] As amended by Corrigendum to Commission Directive 2004/2/EC, O.J. No. L 28, 31.1.04, p.30.back

[19] O.J. No. L 350, 14.12.90, p.71.back

[20] As amended by Corrigendum to Commission Directive 2002/79/EC, O.J. No. L 342, 30.12.03, p.58.back

[21] As amended by Corrigendum to Commission Directive 2003/60/EC, O.J. No. L 14, 21.1.04, p.55.back

[22] As amended by Corrigendum to Commission Directive 2003/113/EC, O.J. No. L 104, 8.4.04, p.135 (which superseded Corrigendum to Commission Directive 2003/113/EC, O.J. No. L 98, 2.4.04, p.61)back

[23] As amended by Corrigendum to Commission Directive 2004/2/EC, O.J. No. L 28, 31.1.04, p.30.back


ISBN 0 11 069272 1


  © Crown copyright 2004

Prepared 8 October 2004

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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040399.html