The Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations 2019

PART 4 Amendment of secondary legislation in preparation for the United Kingdom’s withdrawal from the European Union

The Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008

11.  Omit regulations 4 and 5 of the Pesticides (Maximum Residue Levels) (England and Wales) Regulations 2008.

The Plant Protection Products Regulations 2011

12.—(1) The Plant Protection Products Regulations 2011 are amended as follows.

(2) In regulation 2(1), in the definition of “Regulation 1107/2009”, for “Articles 30(3) and 52(4) and Annexes I to V” substitute “Annexes 2 and 4”.

(3) Omit regulations 3, 4 and 14(2).

(4) In regulation 17(c), at the end insert “as it had effect immediately before 14th June 2011”.

(5) In regulation 20—

(a) in paragraph (2)—

(i) in sub-paragraph (b), after “Article 40(1)” insert “as it had effect immediately before exit day”;

(ii) in sub-paragraph (c), after “Article 40(2)” insert “as it had effect immediately before exit day”;

(iii) in sub-paragraph (e), omit “52(1) or”;

(b) in paragraph (5), omit “52(1) or”.

(6) In regulation 30(1), after “Article 80(5)” insert “as it had effect immediately before exit day”.

Saving: the Plant Protection Products Regulations 2011

13.—(1) The amendments to regulation 20(2)(e) and (5) of the Plant Protection Products Regulations 2011 made by regulation 12(5)(a)(iii) and 12(5)(b) do not affect—

(a) any obligation or liability acquired, accrued or incurred immediately before exit day;

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed before exit day; or

(c) any investigation, legal proceeding or remedy in respect of (a) or (b) above.

(2) Any penalty, forfeiture or punishment referred to in paragraph (1)(b) may be imposed as if regulation 12(5)(a)(iii) and 12(5)(b) had not come into force.

(3) Any investigation, legal proceeding or remedy referred to in paragraph (1)(c) may be instituted, continued or enforced as if regulation 12(5)(a)(iii) and 12(5)(b) had not come into force.

The Plant Protection Products (Sustainable Use) Regulations 2012

14.—(1) The Plant Protection Products (Sustainable Use) Regulations 2012 are amended as follows.

(2) In regulation 2(1), in the definition of “the Directive”, after “Council” in the second place it appears insert “, as read in accordance with Schedule A1”.

(3) In regulation 9(4), for “European Union legislation” substitute “retained EU law”.

(4) In regulation 10—

(a) in paragraph (2)(c), for the words from “other areas” to the end substitute “a European site or European marine site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017(1)”;

(b) in paragraphs (3) and (4)(b), for “dangerous for” substitute “hazardous to”.

(5) In regulation 15(6)(b), omit “or European Union law”.

(6) Before Schedule 1, insert new Schedule A1 which is set out in the Schedule to these Regulations.

(1)

S.I. 2017/1012.