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The Pesticides (Amendment) Regulations 2019

S.I. 2019/1290 · Made 26 September 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Pesticides

Water Resources, England And Wales

Water Resources, Scotland

Made 26th September 2019

Laid before Parliament 1st October 2019

Coming into force 31st October 2019

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1.

The Secretary of State is a Minister designated for the purposes of that section in relation to the common agricultural policy of the European Unionf2, the environmentf3, and measures in the veterinary and phytosanitary fields for the protection of public healthf4.

Annotations to the whole text

Footnotes

f1

1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act). Functions exercisable by the former Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly were transferred to the Secretary of State by S.I. 2002/794. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. The retained power of the Secretary of State to exercise such functions as regards Northern Ireland is confirmed by Article 2(3) of S.I. 1999/2027, Article 3(2) of S.I. 2000/2812 and Article 2(a) of S.I. 2008/301.

f2

S.I. 1972/1811, which is prospectively revoked by S.I. 2018/1011 from exit day.

f3

S.I. 2008/301, which is prospectively revoked by S.I. 2018/1011 from exit day.

f4

S.I. 1999/2027, which is prospectively revoked by S.I. 2018/1011 from exit day.

Contents

  1. Part 1: Introductory
  2. 1Citation and commencement
  3. Part 2: Amendment of primary legislation
  4. 2The Natural Environment and Rural Communities Act 2006
  5. Part 3: Amendment of secondary legislation
  6. 3The Control of Pesticides Regulations 1986
  7. 4The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
  8. 5The Plant Protection Products Regulations 2011
  9. 6The Plant Protection Products (Fees and Charges) Regulations 2011
  10. 7The Plant Protection Products (Sustainable Use) Regulations 2012
  11. 8The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
  12. Signature
  13. Explanatory note

1Citation and commencement

These Regulations may be cited as the Pesticides (Amendment) Regulations 2019 and come into force on 31st October 2019.

2The Natural Environment and Rural Communities Act 2006

In section 43(3)(d) of the Natural Environment and Rural Communities Act 2006f1, for “Commission Regulation (EU) 2018/605”f2 substitute “Regulation (EU) 2019/1009 of the European Parliament and of the Council”f3.

3The Control of Pesticides Regulations 1986

In regulation 2(1) of the Control of Pesticides Regulations 1986f1, in the definition of “Regulation 1107/2009”, for “Commission Regulation (EU) 2018/605” substitute “Regulation (EU) 2019/1009 of the European Parliament and of the Council”.

4The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004

In Schedule 1 to the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004f1, in paragraph 14A(1), for “Commission Regulation (EU) 2018/605” substitute “Regulation (EU) 2019/1009 of the European Parliament and of the Council”.

5The Plant Protection Products Regulations 2011

In regulation 2(1) of the Plant Protection Products Regulations 2011f1, in the definition of “Regulation 1107/2009”, for “Commission Regulation (EU) 2018/605” substitute “Regulation (EU) 2019/1009 of the European Parliament and of the Council”.

6The Plant Protection Products (Fees and Charges) Regulations 2011

In regulation 2(1) of the Plant Protection Products (Fees and Charges) Regulations 2011f1, in the definition of “Regulation 1107/2009”, for “and repealing Council Directives 79/117/EEC and 91/414/EEC” substitute “, as last amended by Regulation (EU) 2019/1009 of the European Parliament and of the Council”.

7The Plant Protection Products (Sustainable Use) Regulations 2012

(1)

The Plant Protection Products (Sustainable Use) Regulations 2012f1 are amended as follows.

(2)

In regulation 2(1), in the definition of “Regulation 1107/2009”, for “Commission Regulation (EU) 2018/605” substitute “Regulation (EU) 2019/1009 of the European Parliament and of the Council”.

(3)

In regulation 5(12), in the definition of “a regulator in the United Kingdom”—

(a)

in sub-paragraph (a), omit “the Quality Assurance Agency or”;

(b)

in sub-paragraph (b), for “the Quality Assurance Agency (Wales)” substitute “Qualifications Wales”.

8The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

In regulation 23(1) of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017f1, for “Commission Regulation (EU) 2018/605” substitute “Regulation (EU) 2019/1009 of the European Parliament and of the Council”.

Signature

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

26th September 2019

Explanatory note

(This note is not part of the Regulations)

These Regulations amend references in primary and subordinate legislation to Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ No L 309, 24.11.2009, p. 1) in consequence of the amendment of that Regulation by Regulation (EU) 2019/1009 of the European Parliament and of the Council laying down rules on the making available on the market of EU fertilising products (OJ No L 170, 25.6.2019, p. 1).

Regulation 7(3) updates the definition of “a regulator in the United Kingdom” in respect of England and Wales for the purposes of regulation 5 of the Plant Protection Products (Sustainable Use) Regulations 2012 (S.I. 2012/1657).

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.