Article 17A Transitional provision for modified MRLsF1

(1.)

Paragraph 2 applies where a competent authority modifies an MRL in relation to its constituent territory for a pesticide residue by lowering it, under Article 14(1B)(b), 16, 17 or 18(6).

(2.)

The competent authority may exempt one or more products produced before the relevant date from the application of the modified MRL where—

(a)

the competent authority considers it necessary to allow for the normal marketing, processing or consumption of each product exempted, and

(b)

the competent authority is satisfied that in doing so a high level of consumer protection can be ensured.

(3.)

Where the competent authority exempts a product from the application of a modified MRL for a pesticide residue in accordance with paragraph 2—

(a)

an entry in Parts 2 to 5 of the MRLs register in relation to the competent authority's constituent territory which immediately before the relevant date applied in respect of that product and pesticide residue continues to apply in respect of that product and pesticide residue on and after the relevant date, and

(b)

the competent authority must update the MRLs register accordingly.

(4.)

Where the Secretary of State modifies an MRL for a pesticide residue by lowering it in accordance with Article 14(5), 16(6) or 17(2), a reference in paragraphs 1 to 3 to competent authority is to be read as a reference to Secretary of State.

(5.)

In this Article, “relevant date” means the date from which the modified MRL applies in accordance with Article 14(1D).

Annotations

Textual amendments

F1: Arts. 17, 17A substituted for Art. 17 (31.12.2020) by The Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/557), regs. 1(1), 4(14) (as amended by S.I. 2020/1376, regs. 1(4), 6(3)(f)); 2020 c. 1, Sch. 5 para. 1(1)