2002 No. 2874
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
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
SCHEDULE
SCHEDULE AA1 INSTRUMENTS AMENDING COUNCIL DIRECTIVE 1991/414/EEC
INSTRUMENTS
ACTIVE SUBSTANCES ADDED TO ANNEX I
None
None
None
None
None
None
None
None
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
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)