Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 2) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations which are made under section 2(2) of the European Communities Act 1972 further amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002 (“the principal Regulations”).

The Regulations implement Commission Directive 2003/113/EC (O.J. No. L324, 11.12.2003, p. 24) as read with the corrigenda to it (O.J. No. L104, 8.4.2004, p. 135), Commission Directive 2004/2/EC (O.J. No. L14, 21.1.2004, p. 10) as read with the corrigenda to it (O.J. No. L28, 31.1.2004, p. 30), Commission Directive 2004/59/EC (O.J. No. L120, 24.4.2004, p. 30) and Commission Directive 2004/61/EC (O.J. No. L127, 29.4.2004, p. 81).

The definition of “the Residues Directives” is updated (regulation 2(2)).

Regulation 2(3)(b) adds the names of further pesticide residue substances to Schedule 1.

New maximum residue levels are substituted in Part II of Schedule 2 for residues of the pesticide Bromopropylate (regulation 2(5)(b)).

New maximum residue levels are inserted in Part II of Schedule 2 for residues of the pesticide Fenamiphos (regulation 2(5)(c)).

On 26th January 2005, in Part II of Schedule 2:

• new maximum residue levels are inserted for residues of the pesticides 1,2-Dichloroethane, Ethylene oxide, Mercury compounds and Nitrofen (regulation 2(6)(c)(ii));

• new maximum residue levels are substituted for residues of the pesticides Aldrin and Dieldrin, Binapacryl, Camphechlor (Toxaphene), Captafol, Chlordane, 1,2-Dibromoethane, Dinoseb, HCH (Hexachlorocyclohexane) and Hexachlorobenzene (regulation 2(6)(c)(iii)). The last two were previously designated as Hexachlorobenzene (HCB) and Hexachlorocyclohexane (HCH);

Schedule 1, which identifies the substances residues of which are taken into account in the measuring of residue levels for each pesticide, is amended to include new entries for the pesticides 1,2-Dichloroethane, Ethylene oxide and Nitrofen. The residues for the pesticides Aldrin and Dieldrin, Camphechlor (Toxaphene), Chlordane, HCH (Hexachlorocyclohexane) (under its previous designation) and Mercury compounds are replaced (regulation 2(6)(a)).

As a consequence of these changes, as read with the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Amendment) (No. 3) Regulations 2003 (S.R. 2003 No. 435), references to the pesticide Omethoate are deleted from Schedule 1 and Part II of Schedule 2 (regulation 2(3)(a) and (5)(a)) and references to the pesticides Aldrin and Dieldrin, Chlordane and Mercury compounds are deleted from Part I of Schedule 2 (regulation 2(6)(b)).

On 4th June 2005 new maximum residue levels are inserted in Part II of Schedule 2 for residues of the pesticides Cyazofamid, 2,4-DB, Ethoxysulfuron, Foramsulfuron, Imazamox, Linuron, Oxadiargyl, Oxasulfuron and Pendimethalin (regulation 2(7)).

A replacement maximum residue level is established for the pesticide Aramite on papaya, Benalaxyl on lettuce and Diphenylamine on papaya (regulation 2(4)).