2002 No. 2874

PESTICIDES, ENGLAND AND WALES

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

Made

Laid before Parliament

Coming into force

The Secretary of State for Environment, Food and Rural Affairs and the National Assembly for Wales, being designated1 for the purposes of section 2(2) of the European Communities Act 19722 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 extent1

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 19952

1

In so far as they extend to England and Wales, the Plant Protection Products Regulations 19953 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/EEC4 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 preparations5.

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/EEC6, if any;

ii

the common name given by the International Organization for Standardization7, 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 Recommendations8 and 1993 Recommendations9.

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;

Revocation3

The Plant Protection Products (Amendment)(No. 2) Regulations 200210 are revoked.

Signed on behalf of the National Assembly for Wales

D. Elis-ThomasPresiding Officer, National Assembly for Wales
WhittyParliamentary Under Secretary of State,Department for Environment, Food and Rural Affairs

SCHEDULE

Regulation 2(5)

SCHEDULE AA1 INSTRUMENTS AMENDING COUNCIL DIRECTIVE 1991/414/EEC

Regulation 2

INSTRUMENTS

ACTIVE SUBSTANCES ADDED TO ANNEX I

Commission Directive 93/71/EEC11;

None

Commission Directive 94/37/EC12;

None

Commission Directive 94/79/EC13;

None

Commission Directive 95/35/EC14;

None

Commission Directive 95/36/EC15;

None

Commission Directive 96/12/EC16;

None

Commission Directive 96/46/EC17;

None

Commission Directive 96/68/EC18;

None

Council Directive 97/57/EC19;

None

Commission Directive 2000/80/EC20;

lambda-cyhalothrin, imazalil, azoxystrobin, kresoxim-methyl, spiroxamine, azimsulfuron, fluroxypyr, metsulfuron-methyl, triasulfuron, esfenvalerate, prohexadione-calcium and bentazone

Commission Directive 2001/21/EC21;

amitrole, diquat, pyridate and thiabendazole

Commission Directive 2001/28/EC22;

fenhexamid

Commission Directive 2001/36/EC23;

None

Commission Directive 2001/47/EC24;

Paecilomyces fumosoroseus

Commission Directive 2001/49/EC25;

flupyrsulfuron-methyl

Commission Directive 2001/87/EC26;

acibenzolar-s-methyl, cyclanilide, ferric phosphate, pymetrozine and pyraflufen-ethyl

Commission Directive 2001/99/EC27;

glyphosate and thifensulfuron-methyl

Commission Directive 2001/103/EC28;

2,4-dichlorophenoxy acetic acid

Commission Directive 2002/18/EC29;

isoproturon

Commission Directive 2002/48/EC30;

iprovalicarb, prosulfuron and sulfosulfuron

Commission Directive 2002/64/EC31;

cinidon-ethyl, cyhalofop-butyl, famoxadone, florasulam, metalaxyl-m and picolinafen

Commission Directive 2002/81/EC32;

flumioxazine

And as from 1st March 2003 amended by:

Commission Directive 2002/37/EC33

ethofumesate

SCHEDULE A1DATES FOR EXTENSIONS OF PROVISIONAL APPROVALS

Regulation 7(5A)

Column 1

Column 2

Column 3

Implementing Directive or Decision

Active Substance

Date before which regulation 5 approvals must be granted

Commission Directive 2001/87/EC

acibenzolar-s-methyl and pymetrozine

31st March 2003

Commission Directive 2002/48/EC

Sulfosulfuron and prosulfuron

31st December 2003

Commission Directive 2002/64/EC

cinidon-ethyl, florasulam, picolinafen, famoxadone and metalaxyl-M

31st March 2004

(This note is not part of the Regulations)

These Regulations extend to England and Wales and further amend the Plant Protection Products Regulations 1995 (S.I.1995/887) which implement in Great Britain Council Directive 91/414/EEC concerning the placing of plant protection products on the market (OJNo. L230, 19.8.91, p. 1).

Regulation 2 (2) and (5) simplify the definition provision for the Directive by creating a new Schedule AA1 which lists the instruments that amend the definition of the Directive in Regulation 2 of these Regulations following the listing of active substances in Annex I to the Directive.

Regulation 2 (3) amends regulation 7 (provisional approvals) by adding a new regulation 7 (5A) to indicate the date by which time the provisional approvals containing active substances that have been included in Annex I to the Directive must be either amended to a standard approval or withdrawn. Regulation 2 (5) creates a new Schedule A1 that lists the dates mentioned in the implementing EC instruments for extensions of provisional approvals.

These Regulations implement for the first time certain Directives which have added the following active substances in Annex I: Commission Directive 2002/48/EC (which adds the active substances iprovalicarb, prosulfuron and sulfosulfuron to the Annex on 1st July 2002), Commission Directive 2002/64/EC (which adds cinidon-ethyl, cyhalofop-butyl, famoxadone, florasulam, metalaxyl-m and picolinafen to the Annex on 1st October 2002), Commission Directive 2002/81/EC (which adds flumioxazine to the Annex on 1st January 2003) and amends the definition further on 1st March 2003 when these Regulations implement Commission Directive 2002/37/EC (to add ethofumesate to the Annex on that date).

Council Directive 1999/45/EC (OJNo. L200, 30.7.99, p. 1) concerning the approximation of the laws, regulations and administrative provisions of Member States relating to classification, packaging and labelling of dangerous preparations has been implemented by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I.2002/1689). As a result of revocation of the earlier Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (S.I.1994/3247) regulation 27(4) is deleted (regulation 2(4)).

Certain labelling provisions in paragraph 1 of Schedule 2 have been amended by regulation 2(7) and (8) to reflect the repeal of Directive 78/631/EEC (OJNo. L 206 29.7.1978, p. 13) by Council Directive 1999/45/EC. This repeal is also now reflected with a reference to the 1999 Directive in paragraph 2(b) of Schedule 1 (regulation 2(6)).