The Plant Protection Products (Amendment) (No. 3) Regulations 2002

Title, commencement and extent

1.  These Regulations may be cited as the Plant Protection Products (Amendment) (No. 3) Regulations 2002, extend to England and Wales, and come into force on 31st December 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(1) shall be amended in accordance with this regulation.

(2) In regulation 2(1) the following definition shall be substituted for the definition of “the Directive”—

““the Directive” means Council Directive 91/414/EEC(2) concerning the placing of plant protection products on the market as amended by the instruments listed in Schedule AA1;”.

(3) After paragraph (5) of regulation 7 the following paragraph shall be inserted—

“(5A) The Secretary of State may additionally allow a provisional approval to continue in effect for a product following the inclusion of an active substance contained in that product in Annex I by a Directive specified in column 1 of Schedule A1—

(a) in the case of a product that contains only one active substance, until either the date when a standard approval is granted for that product, or the date listed in column 3 of Schedule A1 for that active substance, whichever is the earlier; or

(b) in the case of a product that contains more than one active substance, until either the date when a standard approval is granted for that product, or the date listed in column 3 of Schedule A1 for the later of the active substances in that product to be placed in Annex 1, whichever is the earlier.”.

(4) Regulation 27(4) shall be deleted.

(5) Before Schedule 1 there shall be added the provisions of the Schedule to these Regulations.

(6) For paragraph 2(b) of Schedule 1 there shall be substituted—

“(b) Council Directive 1999/45/EC concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(3).”.

(7) For sub-paragraph 1(c) of Schedule 2 (labelling) there shall be substituted—

“(c) the name and the amount of each active substance; the name must be—

(i) the same as that listed in Annex I to the Council Directive 67/548/EEC(4), if any;

(ii) the common name given by the International Organization for Standardization(5), if any; or

(iii) its chemical designation according to the rules of the International Union of Pure and Applied Chemistry contained in the Nomenclature of Organic Chemistry, 1979 Recommendations(6) and 1993 Recommendations(7).”.

(8) For sub-paragraph 1(f) of Schedule 2 there shall be substituted—

“(f) the particulars required for the product in Articles 10–12 of Council Directive 1999/45/EC concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations and information on first aid;”.

Revocation

3.  The Plant Protection Products (Amendment)(No. 2) Regulations 2002(8) are revoked.

Signed on behalf of the National Assembly for Wales

D. Elis-Thomas

Presiding Officer, National Assembly for Wales

20th November 2002

Whitty

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs

21st November 2002