Statutory Instruments
2002 No. 1460
PESTICIDES, ENGLAND AND WALES
The Plant Protection Products (Amendment) (No. 2) Regulations 2002
Made
30th May 2002
Laid before Parliament
31st May 2002
Coming into force
1st July 2002
The Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales, being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agriculture policy of the European Community, acting jointly (the National Assembly for Wales acting in relation to Wales only), in exercise of the powers conferred upon them by that section, make the following Regulations:
Title, commencement and extent
1. These Regulations may be cited as the Plant Protection Products (Amendment) (No. 2) Regulations 2002, extend to England and Wales, and come into force on the 1st July 2002.
Amendment to the Plant Protection Products Regulations 1995
2. —(1) In so far as they extend to England and Wales, the Plant Protection Products Regulations 1995 shall be amended by substituting for the definition of “the Directive” in regulation 2(1), the following definition—
“ “the Directive” means Council Directive 91/414/EEC concerning the placing of plant protection products on the market , as amended by—
(a) Commission Directive 93/71/EEC ;
(b) Commission Directive 94/37/EC ;
(c) Commission Directive 94/79/EC ;
(d) Commission Directive 95/35/EC ;
(e) Commission Directive 95/36/EC ;
(f) Commission Directive 96/12/EC ;
(g) Commission Directive 96/46/EC ;
(h) Commission Directive 96/68/EC ;
(i) Council Directive 97/57/EC ;
(j) Commission Directive 2000/80/EC ;
(k) Commission Directive 2001/21/EC ;
(l) Commission Directive 2001/28/EC ;
(m) Commission Directive 2001/36/EC ;
(n) Commission Directive 2001/47/EC ;
(o) Commission Directive 2001/49/EC ;
(p) Commission Directive 2001/87/EC ;
(q) Commission Directive 2001/99/EC . ”
(2) On 1st October 2002 the definition of “the Directive” in those Regulations, as substituted by paragraph (1) above, shall be further amended by the insertion at the end of the following—
“ (r) Commission Directive 2001/103/EC . ”
(3) On 1st January 2003 the definition of “the Directive” as substituted by paragraph (1) above and amended by paragraph (2) above, shall be further amended by the insertion at the end of the following—
“ (s) Commission Directive 2002/18/EC . ”
Transitional arrangements for provisional approvals
3. In so far as they extend to England and Wales, the Plant Protection Products Regulations 1995 shall be modified so that where there is an approval granted under regulation 7(1) (provisional approvals), or extended pursuant to regulation 7(5)—
(a) the inclusion of the active substances acibenzolar-s-methyl and pymetrozine in Annex I to the Directive does not revoke any such approval in respect of any plant protection product containing either active substance, and that approval shall continue in effect until an approval is granted under regulation 5(1) (standard approvals), or 31st March 2003, whichever is the earlier;
(b) the inclusion of the active substance flupyrsulfuron-methyl in Annex I to the Directive does not revoke any such approval in respect of any plant protection product containing that active substance, and that approval shall continue in effect until an approval is granted under regulation 5(1), or 30th November 2002, whichever is the earlier; and
(c) if the plant protection product contains any of the active substances mentioned in (a) or (b), together with another active substance not yet placed in Annex I to the Directive, such approval shall continue in effect unless revoked by the Secretary of State under regulation 13(5) (applications, reviews, revocations and modifications).
Revocation
4.The Plant Protection Products (Amendment) Regulations 2002 are revoked.
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer, National Assembly for Wales
30th May 2002
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
30th May 2002