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 35

1

Chapter 3 is amended as follows.

2

In Article 18—

a

for paragraph 1 substitute—

1

A product listed in Part 1 of the MRLs register in relation to a constituent territory must not contain, from the time it is placed on the market as food or feed, or fed to animals in that constituent territory, any pesticide residue exceeding—

a

the MRL for that product listed in Part 2 or 3 of the MRLs register in relation to that constituent territory;

b

the level described in paragraphs 1A or 1B, where there is no MRL.

1A

Where there is no MRL for a product listed in Part 2 or 3 of the MRLs register in relation to a constituent territory, the level is the default value for an active substance as listed in Part 5 of the MRLs register in relation to that constituent territory (see Article 18A).

1B

Where in relation to a constituent territory—

a

there is no MRL for the product in Part 2 or 3 of the MRLs register,

b

there is no default value for an active substance listed in Part 5 of the MRLs register, and

c

the active substance is not listed in Part 4 of the MRLs register,

the level applicable is 0.01mg/kg.

b

in paragraph 2—

i

in the words before point (a)—

aa

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

bb

for “their territories” substitute “its constituent territory”;

cc

for “covered by Annex I” substitute “listed in Part 1 of the MRLs register in relation to its constituent territory”;

ii

in point (b), for “Annex IV” substitute “Part 4 of the MRLs register in relation to that constituent territory”;

c

in paragraph 3—

i

in the first subparagraph—

aa

for the words before point (a) substitute—

By way of derogation from paragraph 1, a competent authority may authorise, further to a post-harvest treatment with a fumigant on its constituent territory, residue levels for an active substance which exceed the limits specified in Part 2 or 3 of the MRLs register in relation to that constituent territory where the active substance/product combinations are listed in Part 7 of the MRLs register in relation to that constituent territory, provided that—

bb

in point (b), for “Annexes II or III” substitute “Part 2 or 3 of the MRLs register”;

cc

in point (c), for “Member States and the Commission” substitute “competent authorities”;

ii

omit the second subparagraph;

d

after paragraph 3 insert—

3A

A competent authority may, in relation to its constituent territory—

a

define combinations of active substances and products for the purposes of paragraph 3;

b

modify or withdraw any such combinations.

3B

As soon as reasonably practicable after defining, modifying or withdrawing a combination in accordance with paragraph 3A the competent authority must—

a

notify the other competent authorities of the defining, modifying or withdrawing of the combination and the reason for that decision, and

b

update the MRLs register accordingly.

e

in paragraph 4—

i

in the first sentence—

aa

for “Article 8(4) of Directive 91/414/EEC” substitute “Article 53 of Regulation (EC) No 1107/2009”;

bb

after “set out in” insert “the EU-derived domestic legislation which transposed4”;

cc

for “Member State” substitute “competent authority”;

dd

after “within its” insert “constituent”;

ii

omit the second, third and fourth sentences;

f

after paragraph 4 insert—

5

Where a competent authority grants an authorisation in accordance with paragraph 4, the competent authority must—

a

notify the other competent authorities of that authorisation;

b

as soon as reasonably practicable, undertake an appropriate risk assessment with a view to setting a temporary MRL for a specified period, or taking any other necessary measure in relation to the products to which the authorisation relates.

6

After the completion of the risk assessment described in paragraph 5(b) the competent authority may set a temporary MRL, and Article 15(3) to (9) applies to any temporary MRL set.

7

In paragraph 4, “EU-derived domestic legislation” has the meaning given by section 2(2) of the European Union (Withdrawal) Act 2018.

3

After Article 18 insert—

Article 18ASetting default values for active substances

1

A competent authority may, in relation to its constituent territory, set a default value for an active substance where—

a

there is no specific MRL for that active substance listed in Part 2 or 3 of the MRLs register in relation to that constituent territory, and

b

the active substance is not listed in Part 4 of the MRLs register in relation to that constituent territory.

2

A competent authority may modify or withdraw a default value listed in Part 5 of the MRLs register in relation to its constituent territory.

3

When setting, modifying or withdrawing a default value, the competent authority must take into account the routine analytical methods available.

4

As soon as reasonably practicable after setting, modifying or withdrawing a default value the competent authority must—

a

notify the other competent authorities of the setting, modifying or withdrawing of the default value and the reason for that decision, and

b

update the MRLs register accordingly.

5

The Secretary of State may set, modify or withdraw a default value in accordance with paragraph 1 or 2 instead of a competent authority—

a

in relation to Wales, with the consent of the Welsh Ministers;

b

in relation to Scotland, with the consent of the Scottish Ministers;

c

in relation to Northern Ireland, with the consent of the Department.

6

Where the Secretary of State sets, modifies or withdraws a default value in accordance with paragraph 5, a reference in paragraph 3 or 4 to the competent authority is to be read as a reference to the Secretary of State.

4

In Article 19—

a

for “covered by Annex I” substitute “listed in Part 1 of the MRLs register in relation to a constituent territory”;

b

after “animals” insert “in that constituent territory”.

5

In Article 20—

a

in paragraph 1—

i

for “Annexes II or III” substitute “Part 2 or 3 of the MRLs register in relation to a constituent territory”;

ii

for “covered by Annex I” substitute “listed in Part 1 of the MRLs register in relation to that constituent territory”;

b

for paragraph 2 substitute—

2

A competent authority may, in relation to its constituent territory—

a

specify concentration factors or dilution factors for—

i

specified processing or mixing operations, or

ii

specified processed or composite products;

b

modify or withdraw any such factors.

3

As soon as reasonably practicable after specifying, modifying or withdrawing concentration or dilution factors in accordance with paragraph 2 the competent authority must—

a

notify the other competent authorities of the specifying, modifying or withdrawing of the factors and the reason for that decision, and

b

update Part 6 of the MRLs register accordingly.

4

The Secretary of State may specify, modify or withdraw concentration or dilution factors in accordance with paragraph 2 instead of a competent authority—

a

in relation to Wales, with the consent of the Welsh Ministers;

b

in relation to Scotland, with the consent of the Scottish Ministers;

c

in relation to Northern Ireland, with the consent of the Department.

5

Where the Secretary of State specifies, modifies or withdraws concentration or dilution factors in accordance with paragraph 4, a reference in paragraph 3 to the competent authority is to be read as a reference to the Secretary of State.