Scottish Statutory Instrument 2001 No. 221

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2001

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The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent
1.  - (1) These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No. 2) Regulations 2001 and shall come into force on 2nd July 2001.

    (2) These Regulations extend to Scotland only.

Amendment of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000
2.  - (1) The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000[2] shall be amended in accordance with this regulation.

    (2) In regulation 2(1), for the definition of "the Residue Directives" there shall be substituted-
 

" "the Residue Directives" means Council Directive 86/362/EEC[3] (as amended by Council Directives 88/298/EEC[4], 90/654/EEC[5], 93/57/EEC[6], 94/29/EC[7], 95/39/EC[8], 96/33/EC[9], 97/41/EC[10] and Commission Directives 97/71/EC[11], 98/82/EC[12], 1999/65/EC[13], 1999/71/EC[14], 2000/24[15], 2000/42/EC[16], 2000/48/EC[17], 2000/58/EC[18], 2000/81/EC[19] and 2000/82/EC[20]), together with Council Directive 86/363/EEC[21] (as amended by Council Directives 93/57/EEC, 94/29/EC, 95/39/EC, 96/33/EC, 97/41/EC and Commission Directives 97/71/EC, 98/82/EC, 1999/71/EC, 2000/24, 2000/42/EC, 2000/58/EC, 2000/81/EC and 2000/82/EC) and Council Directive 90/642/EEC[22] (as amended by Council Directives 93/58/EEC[23], 94/30/EC[24], 95/38/EC[25], 95/61/EC[26], 96/32/EC[27], 97/41/EC and Commission Directives 97/71/EC, 98/82/EC, 1999/65/EC, 1999/71/EC, 2000/24, 2000/42/EC, 2000/48/EC, 2000/57/EC[28], 2000/58/EC, 2000/81/EC 2000/82/EC and 2001/35/EC[29])".

    (4) On 1st July 2003, the entry for the pesticide Tecnazene, in relation to lettuce, shall be omitted from Part 1 of Schedule 2.

    (5) In each column of Part 2 of Schedule 2 where the expression "(changing 1st July 2001)" appears at the top, that expression shall be omitted and so shall each entry in italic type to which it refers.

    (6) In Part 2 of Schedule 2 there shall be inserted in the appropriate places to preserve the alphabetical ordering from left to right, the maximum permitted levels for residues of the pesticides specified in the Schedule to these Regulations, in relation to the products so specified.

    (7) In Part 2 of Schedule 2 the maximum residue levels shall be substituted as follows:-
 

(a) for mg/kg of chlormequat-
 
(i) on pears delete "0.05*" and insert "0.5";

(ii) on both olives (table consumption) and olives (oil extract) delete "0.05*" and insert "0.1*"; and

(iii) on cultivated mushrooms delete "0.05*" and insert "10";
 

(b) for mg/kg of chlorothalonil-
 
(i) on blackberries delete "0.01*" and insert "10"; and

(ii) on bananas delete "2" and insert "0.2";
 

(c) for mg/kg of dicofol-
 
(i) on table grapes delete "0.02*" and insert "2"; and

(ii) on tomatoes delete "0.02*" and insert "1";
 

(d) for mg/kg of diphenylamine-
 
(i) on apples delete "0.05*" and insert "5"; and

(ii) on pears delete "0.05*" and insert "10"; and
 

(e) for mg/kg of endosulfan on peppers delete "0.05*" and insert "1".
 

     " 37. The residue definition for this MRL is: Spiroxamine carboxylic acid expressed as spiroxamine.

38. Scarole includes broad-leaf endive.

39. Liver and kidney.".
 

ROSS FINNIE
A member of the Scottish Executive

Pentland House, Edinburgh
8th June 2001
 
 

These Regulations, which extend to Scotland only, further amend the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 ("the principal Regulations").

The Regulations update the definition of "Residue Directives" in the principal Regulations to incorporate-
 

(a) Commission Directive 2000/24/EC;

(b) Commission Directive 2000/42/EC;

(c) Commission Directive 2000/48/EC;

(d) Commission Directive 2000/57/EC;

(e) Commission Directive 2000/58/EC;

(f) Commission Directive 2000/81/EC;

(g) Commission Directive 2000/82/EC; and

(h) Commission Directive 2001/35/EC (regulation 2 (2)).
 

The Regulations delete the maximum residue level of Tecnazene in relation to lettuce from Part 1 of Schedule 2 of the principal Regulations with effect from 1st July 2003 (regulation 2(4)). This residue level had been inserted in Part 1 of Schedule 2 of the principal Regulations by virtue of powers contained in the Food and Environment Protection Act 1985. Community maximum residue levels for Tecnazene are now included in Part 2 of Schedule 2 of the principal Regulations (regulation 2(3) and (6)).

The Regulations also delete maximum levels which became spent on 1st July 2001 (regulation 2(5)) and make a consequential amendment to the footnotes contained in Part 2 of Schedule 2 of the principal Regulations (regulation 2(8)).

[1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15. The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2000/22, amended by S.S.I. 2001/84.back

[3] O.J. No. L 221, 7.8.86, p.37.back

[4] O.J. No. L 126, 20.5.88, p.53.back

[5] O.J. No. L 353, 17.12.90, p.48.back

[6] O.J. No. L 211, 23.8.93, p.1.back

[7] O.J. No. L 189, 23.7.94, p.67.back

[8] O.J. No. L 197, 22.8.95, p.29.back

[9] O.J. No. L 144, 18.6.96, p.35.back

[10] O.J. No. L 184, 12.7.97, p.33.back

[11] O.J. No. L 347, 18.12.97, p.42.back

[12] O.J. No. L 290, 29.10.98, p.25.back

[13] O.J. No. L 172, 8.7.99, p.40.back

[14] O.J. No. L 194, 27.7.99, p.36.back

[15] O.J. No. L 107, 4.5.00, p.28.back

[16] O.J. No. L 158, 30.6.00, p.51.back

[17] O.J. No. L 197, 3.8.00, p.26.back

[18] O.J. No. L 244, 29.9.00, p.78.back

[19] O.J. No. L 326, 22.12.00, p.56.back

[20] O.J. No. L 3, 6.1.01, p.18.back

[21] O.J. No. L 221, 7.8.86, p.43.back

[22] O.J. No. L 350, 14.12.90, p.71.back

[23] O.J. No. L 211, 23.8.93, p.6.back

[24] O.J. No. L 189, 23.7.94, p.70.back

[25] O.J. No. L 197, 22.8.95, p.14.back

[26] O.J. No. L 292, 7.12.95, p.27.back

[27] O.J. No. L 144, 18.6.96, p.12.back

[28] O.J. No. L 244, 29.9.00, p.76.back

[29] O.J. No. L 136, 18.5.01, p.42.back