# The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019, Paragraph 3: Existing MRLs under Annexes 2 and 3 to Regulation (EC) No 396/2005


(1) In accordance with this paragraph, an MRL which immediately before exit day is set out in an entry in a table in Annex 2 or 3 to Regulation (EC) No 396/2005 as it has effect immediately before exit day is taken to have been set by each competent authority in relation to its constituent territory—
(a) for an MRL set out in an entry in the table in Annex 2, under Articles 14(1B)(a) and 15(2)(b) of Regulation (EC) No 396/2005;
(b) for an MRL set out in an entry in the table in Part A of Annex 3, under Articles 14(1B)(a) and 15(2)(a)(i) of Regulation (EC) No 396/2005;
(c) for an MRL set out in an entry in the table in Part B of Annex 3, under Articles 14(1B)(a), 15(2)(a)(ii) and 16 of Regulation (EC) No 396/2005.
(2) An MRL to which sub-paragraph (1) applies is taken to apply from the date which it applied from in accordance with a regulation made under Article 14(1) of Regulation (EC) No 396/2005 as it had effect immediately before exit day, except in accordance with sub-paragraph (3).
(3) For the purposes of Article 15(3) of Regulation (EC) No 396/2005, an MRL to which sub-paragraph (1)(b) applies is taken to apply from exit day.
(4) In sub-paragraph (1), “Annex 2” and “Annex 3” means Annex 2 and 3 respectively to Regulation (EC) No 396/2005 as it has effect immediately before exit day and read in accordance with paragraph 4.
(5) Sub-paragraph (6) applies where an MRL to which sub-paragraph (1) applies is immediately before exit day subject to a requirement for the European Commission—
(a) to take specified information into account when reviewing that MRL if the information is submitted by a specified date, or the lack of that information if it is not submitted by that date; or
(b) to take into account the commercial availability of a specified reference standard when reviewing that MRL by a specified date, or the unavailability of it if it is not commercially available by that date.
(6) Where this sub-paragraph applies, on and after exit day the MRL is taken to be subject to the requirement as modified as follows—
(a) a reference in the requirement to the Commission is to be read as a reference to the competent authority;
(b) if the specified date occurred before exit day and on or before that specified date—
(i) the specified information was submitted to the European Commission, the specified date is to be read as 1st January 2020;
(ii) the specified information was not submitted to the European Commission, the requirement is to be read as a requirement on the competent authority to take the lack of that information into account when reviewing the MRL.
(7) For the purposes of sub-paragraphs (5) and (6), a date, a reference standard or information is “specified” if it is specified in the requirement.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111176924/schedule/1/paragraph/3 (the official version)
Page: https://openlegislation.uk/draft-pesticides-maximum-residue-levels-amendment-etc-eu-exit-regulations-2019/schedule-1/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.