OpenLegislation

Regulation 4 Revocations and savings: retained direct EU legislationI1

United Kingdom

(1)

The retained direct EU legislation listed in the Schedule is revoked.

(2)

A grace period contained within a Regulation listed in the Schedule which expires after F1IP completion day continues to have effect, and is to be treated as if it has been set by each competent authority in relation to its constituent territory in accordance with Article 21(6)(b) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market M1.

(3)

In paragraph (2), “competent authority” and “constituent territory” are to be interpreted in accordance with Article 3A of Regulation (EC) No 1107/2009 M2.

(4)

Sub-paragraph (5) applies where, immediately before F2IP completion day, a Regulation listed in the Schedule includes provision which continues to apply Regulation (EC) No 396/2005 as it had effect before that Regulation applied in respect of the pesticide residue of an active substance in or on one or more products lawfully produced before a specified date (a “transitional measure”).

(5)

In respect of the pesticide residue and the product or products to which the transitional measure applies, paragraphs 3 to 6 of Part 2 of Schedule 1 to the Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 M3 apply as if a reference in those paragraphs to Regulation (EC) No 396/2005 as it had effect immediately before F3IP completion day were a reference to Regulation (EC) No 396/2005 as it had effect before the specified date.

(6)

For the purposes of sub-paragraphs (4) and (5), a date is “specified” if it is specified in the transitional measure.

Annotations

Textual amendments

F1

Words in reg. 4(2) substituted (31.12.2020 immediately before S.I. 2019/559, reg. 3 comes into force) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(3), 7(2)

F2

Words in reg. 4(4) substituted (31.12.2020 immediately before S.I. 2019/559, reg. 3 comes into force) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(3), 7(2)

F3

Words in reg. 4(5) substituted (31.12.2020 immediately before S.I. 2019/559, reg. 3 comes into force) by The Pesticides (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1376), regs. 1(3), 7(2)

Marginal citations

M1

Article 21 is substituted by S.I. 2019/556.

M2

Article 3A is inserted by S.I. 2019/556.

M3

S.I. 2019/557, to which there are amendments not relevant to these Regulations.

Commencement

I1

Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)