PART 2Amendment of retained direct EU legislation relating to maximum residue levels

CHAPTER 1Regulation (EC) No 396/2005 of the European Parliament and of the Council on maximum residue levels of pesticides in or on food and feed of plant and animal origin

Chapter 5I17

1

Chapter 5 is amended as follows.

2

In Article 26(1)—

a

for “Without prejudice to Directive 96/23/ECM1, Member States” substitute “ Each competent authority ”;

b

for “Community” substitute “ retained EU ”.

3

In Article 27—

a

in paragraph 1, in the first sentence, for “Member State” substitute “ competent authority ”;

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24

In Article 28, for paragraph 3 substitute—

3

All laboratories analysing samples for the official controls on pesticide residues must—

a

have regard to any relevant guidance;

b

participate in any proficiency tests for pesticides organised by a competent authority.

5

In the heading of Section 2, for “Community” substitute “ F3Great Britain ”.

6

In Article 29—

a

in the heading, for “Community” substitute “ F4Great Britain ”;

b

in paragraph 1—

i

for “Commission shall” substitute “ competent authorities may jointly ”;

ii

for “Community” substitute “ F4Great Britain ”;

iii

for “national” substitute “ competent authority ”;

iv

for “set out in this Regulation” substitute “ in relation to each constituent territory ”;

c

for paragraph 2 substitute—

2

The competent authorities must jointly publish a F4Great Britain control programme prepared in accordance with paragraph 1—

a

in a manner which the competent authorities consider appropriate, and

b

at least six months before the end of the calendar year before the first year covered by the control programme.

7

In the heading of Section 3, for “National” substitute “ Competent authority ”.

8

In Article 30—

a

in the heading, for “National” substitute “ Competent authority ”;

b

in paragraph 1—

i

for the first subparagraph substitute—

Each competent authority must establish multiannual control programmes for pesticide residues in its constituent territory, and must update its multiannual programme every year.

ii

in the second subparagraph, in point (d)(iv) for “the Community” substitute “ any F5Great Britain ”;

c

for paragraph 2, substitute—

2

A competent authority must submit its proposed updated control programme to the other competent authorities at least three months before the end of each calendar year.

d

in paragraph 3—

i

in the first sentence—

aa

for “Member States” substitute “ Each competent authority ”;

bb

for “the Community” substitute “ any F5Great Britain ”;

ii

in the second sentence—

aa

for “They” substitute “ Each competent authority ”;

bb

for “national” substitute “ its ”;

iii

in the third sentence, for “Member States” substitute “ a competent authority ”.

9

In the heading of Section 4, for “Member States” substitute “ competent authorities ”.

10

In Article 31—

a

in the heading, for “Member States” substitute “ competent authorities ”;

b

in paragraph 1—

i

in the words before point (a)—

aa

for “Member States” in the first place it occurs substitute “ Each competent authority ”;

bb

for “Commission, the Authority and the other Member States” substitute “ other competent authorities ”;

ii

in point (a), at the end insert “ , and the results of the analysis of samples tested in accordance with the competent authority's control programme and any F6Great Britain control programme ”;

iii

in point (b)—

aa

for “national control programmes” substitute “ competent authority's control programme ”;

bb

for “the Community” substitute “ any F6Great Britain ”;

iv

in point (c)—

aa

omit “Community”;

bb

for “national” substitute “competent authority's”;

c

for paragraph 2 substitute—

2

The competent authorities may jointly issue guidance regarding the format and submission of information in accordance with paragraph 1.

3

The competent authorities must jointly publish any guidance issued under paragraph 2 in a manner which the competent authorities consider appropriate.

4

In submitting information in accordance with paragraph 1, a competent authority must have regard to any guidance issued under paragraph 2.

11

In Article 32—

a

in paragraph 1—

i

omit “by the Member States”;

ii

for “Authority shall” substitute “ competent authorities must jointly ”;

b

in paragraph 2—

i

in the words before point (a), for “Authority” substitute “ competent authorities ”;

ii

in point (a), at the end insert “ , and of the results of the analysis of samples tested in accordance with each competent authority's control programme and any F7Great Britain control programme ”;

iii

in point (b), for “the” in the second place it occurs substitute “ any ”;

iv

in point (d), omit “, including reports submitted under Directive 96/23/EC”;

c

after paragraph 2 insert—

F82A

For the purpose of the first annual report under paragraph 1, paragraph 2(a) is to be read as if for “in accordance with each competent authority’s control programme and any Great Britain control programme” there were substituted “by the United Kingdom as an EU member State in accordance with Commission Implementing Regulation (EU) 2019/533 concerning a coordinated multiannual control programme of the Union for 2020, 2021 and 2022 to ensure compliance with maximum residue levels of pesticides and to assess the consumer exposure to pesticide residues in and on food of plant and animal origin as it had effect immediately before IP completion day

d

omit paragraphs 3 to 6;

e

for paragraph 7 substitute—

7

The competent authorities must jointly publish the Annual Report by the 31st October of the second year following the year to which the information in the Annual Report relates.

12

Omit Article 33.

13

Omit Section 5.