S.I. No. 368 of 2008

EUROPEAN COMMUNITIES (PESTICIDE RESIDUES) (AMENDMENT) (No. 2) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th September, 2008.

I, BRENDAN SMITH, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Commission Directive 2008/17/EC of 19 February 2008 ¹ , hereby make the following Regulations-

1. (1) These Regulations may be cited as the European Communities (Pesticide Residues) (Amendment) (No. 2) Regulations 2008.

2. The European Communities (Pesticide Residues) Regulations 2006 ( S.I. No. 654 of 2006 ) are amended, in Regulation 2(1) by the substitution for-

(a) the definition of “Cereals Directive”, (inserted by The European Communities (Pesticide Residues) (Amendment) (No. 2) Regulations 2007 ( S.I. No. 685 of 2007 )), the following-

“ ‘Cereals Directive’ means Council Directive 86/362/EEC of 24 July 1986 as amended by Council Directive 88/298/EEC of 16 May 1988, Council Directive 90/654/EEC of 4 December 1990, Council Directive 93/57/EEC of 29 June 1993, Council Directive 94/29/EC of 23 June 1994, Council Directive 95/39/EC of 17 July 1995, Council Directive 96/33/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 97/71/EC of 15 December 1997, Commission Directive 98/82/EC of 27 October 1998, Commission Directive 1999/65/EC of 24 June 1999, Commission Directive 1999/71/EC of 14 July 1999, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/42/EC of 22 June 2000, Commission Directive 2000/48/EC of 25 July 2000, Commission Directive 2000/58/EC of 22 September 2000, Commission Directive 2000/81/EC of 18 December 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2001/39/EC of 23 May 2001, Commission Directive 2001/48/EC of 28 June 2001, Commission Directive 2001/57/EC of 25 July 2001, Commission Directive 2002/23/EC of 26 February 2002, Commission Directive 2002/42/EC of 17 May 2002, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/76/EC of 6 September 2002, Commission Directive 2002/79/EC of 2 October 2002, Commission Directive 2002/97/EC of 16 December 2002, Council Regulation (EC) No. 807/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/62/EC of 20 June 2003, Commission Directive 2003/113/EC of 3 December 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2004/2/EC of 9 January 2004, Commission Directive 2004/61/EC of 26 April 2004, Commission Directive 2005/37/EC of 3 June 2005, Commission Directive 2005/46/EC of 8 July 2005, Commission Directive 2005/48/EC of 23 August 2005, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2005/76/EC of 8 November 2005, Commission Directive 2006/4/EC of 26 January 2006, Commission Directive 2006/30/EC of 13 March 2006, Commission Directive 2006/59/EC of 28 June 2006, Commission Directive 2006/61/EC of 7 July 2006, Commission Directive 2006/62/EC of 12 July 2006, Commission Directive 2006/92/EC of 9 November 2006, Commission Directive 2007/7/EC of 14 February 2007, Commission Directive 2007/8/EC of 20 February 2007, Commission Directive 2007/11/EC of 21 February 2007, Commission Directive 2007/27/EC of 15 May 2007, Commission Directive 2007/56/EC of 17 September 2007, Commission Directive 2007/55/EC of 17 September 2007 and Commission Directive 2007/57/EC of 17 September 2007, Commission Directive 2007/62/EC of 4 October 2007, Commission Directive 2007/73/EC of 13 December 2007 and (from 14 September 2008) Commission Directive 2008/17/EC of 19 February 2008;”,

(b) the definition of “Foodstuffs of Animal Origin Directive”, (inserted by the European Communities (Pesticide Residues) (Amendment) (No. 2) Regulations 2007 ( S.I. No. 685 of 2007 )), the following-

“ ‘Foodstuffs of Animal Origin Directive’ means Council Directive 86/363/EEC of 24 July 1986 as amended by Council Directive 93/57/EEC of 29 June 1993, Council Directive 94/29/EC of 23 June 1994, Council Directive 95/39/EC of 17 July 1995, Council Directive 96/33/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 97/71/EC of 15 December 1997, Commission Directive 98/82/EC of 27 October 1998, Commission Directive 1999/71/EC of 14 July 1999, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/42/EC of 22 June 2000, Commission Directive 2000/58/EC of 22 September 2000, Commission Directive 2000/81/EC of 18 December 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2001/39/EC of 23 May 2001, Commission Directive 2001/57/EC of 25 July 2001, Commission Directive 2002/23/EC of 26 February 2002, Commission Directive 2002/42/EC of 17 May 2002, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/79/EC of 2 October 2002, Commission Directive 2002/97/EC of 16 December 2002, Council Regulation (EC) No. 807/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/113/EC of 3 December 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2004/2/EC of 9 January 2004, Commission Directive 2004/61/EC of 26 April 2004, Commission Directive 2005/46/EC of 8 July 2005, Commission Directive 2005/48/EC of 23 August 2005, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2006/30/EC of 13 March 2006, Commission Directive 2006/59/EC of 28 June 2006, Commission Directive 2006/61/EC of 7 July 2006, Commission Directive 2006/62/EC of 12 July 2006, Commission Directive 2006/92/EC of 9 November 2006, Commission Directive 2007/11/EC of 21 February 2007, Commission Directive 2007/27/EC of 15 May 2007, Commission Directive 2007/28/EC of 25 May 2007, Commission Directive 2007/56/EC of 17 September 2007, Commission Directive 2007/55/EC of 17 September 2007 and Commission Directive 2007/57/EC of 17 September 2007 and (from 14 September 2008) Commission Directive 2008/17/EC of 19 February 2008;”,

(c) the definition of “Fruit and Vegetables Directive”, (inserted by the European Communities (Pesticide Residues) (Amendment) (No. 2) Regulations 2007 ( S.I. No. 685 of 2007 )), the following-

“ ‘Fruit and Vegetables Directive’ means Council Directive 76/895 EEC of 23 November 1976 as amended by Commission Directive 80/428/EEC of 28 March 1980, Council Directive 81/36/EEC of 9 February 1981, Council Directive 82/528/EEC of 19 July 1982, Council Regulation (EEC) No. 3768/85 of 20 December 1985, Council Directive 88/298/EEC of 16 May 1988, Council Directive 89/186/EEC of 6 March 1989, Council Directive 93/58/EEC of 29 June 1993, Council Directive 96/32/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/57/EC of 22 September 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/79/EC of 2 October 2002, Council Regulation (EC) No. 807/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2006/59/EC of 28 June 2006, Commission Directive 2006/62/EC of 12 July 2006, Commission Directive 2006/92/EC of 9 November 2006, Commission Directive 2007/8/EC of 20 February 2007, Commission Directive 2007/55/EC of 17 September 2007 and Commission Directive 2007/57/EC of 17 September 2007;”,

(d) the definition of “Plant Products Directive”, (inserted by the European Communities (Pesticide Residues) (Amendment) (No. 2) Regulations 2007 ( S.I. No. 685 of 2007 )), the following-

“ ‘Plant Products Directive’ means Council Directive 90/642/EEC of 27 November 1990 as amended by Council Directive 93/58/EEC of 29 June 1993, Council Directive 94/30/EC of 23 June 1994, Council Directive 95/38/EC of 17 July 1995, Council Directive 95/61/EC of 29 November 1995, Council Directive 96/32/EC of 21 May 1996, Council Directive 97/41/EC of 25 June 1997, Commission Directive 97/71/EC of 15 December 1997, Commission Directive 98/82/EC of 27 October 1998, Commission Directive 1999/65/EC of 24 June 1999, Commission Directive 1999/71/EC of 14 July 1999, Commission Directive 2000/24/EC of 28 April 2000, Commission Directive 2000/42/EC of 22 June 2000, Commission Directive 2000/48/EC of 25 July 2000, Commission Directive 2000/57/EC of 22 September 2000, Commission Directive 2000/58/EC of 22 September 2000, Commission Directive 2000/81/EC of 18 December 2000, Commission Directive 2000/82/EC of 20 December 2000, Commission Directive 2001/35/EC of 11 May 2001, Commission Directive 2001/39/EC of 23 May 2001, Commission Directive 2001/48/EC of 28 June 2001, Commission Directive 2001/57/EC of 25 July 2001, Commission Directive 2002/5/EC of 30 January 2002, Commission Directive 2002/23/EC of 26 February 2002, Commission Directive 2002/42/EC of 17 May 2002, Commission Directive 2002/66/EC of 16 July 2002, Commission Directive 2002/71/EC of 19 August 2002, Commission Directive 2002/76/EC of 6 September 2002, Commission Directive 2002/79/EC of 2 October 2002, Commission Directive 2002/97/EC of 16 December 2002, Commission Directive 2002/100/EC of 20 December 2002, Council Regulation (EC) No. 806/2003 of 14 April 2003, Commission Directive 2003/60/EC of 18 June 2003, Commission Directive 2003/62/EC of 20 June 2003, Commission Directive 2003/69/EC of 11 July 2003, Commission Directive 2003/113/EC of 3 December 2003, Commission Directive 2003/118/EC of 5 December 2003, Commission Directive 2004/2/EC of 9 January 2004, Commission Directive 2004/59/EC of 23 April 2004, Commission Directive 2004/61/EC of 26 April 2004, Commission Directive 2004/95/EC of 24 September 2004, Commission Directive 2004/115/EC of 15 December 2004, Commission Directive 2005/37/EC of 3 June 2005, Commission Directive 2005/46/EC of 8 July 2005, Commission Directive 2005/48/EC of 23 August 2005, Commission Directive 2005/70/EC of 20 October 2005, Commission Directive 2005/74/EC of 25 October 2005, Commission Directive 2005/76/EC of 8 November 2005, Commission Directive 2006/9/EC of 23 January 2006, Commission Directive 2006/4/EC of 26 January 2006, Commission Directive 2006/30/EC of 13 March 2006, Commission Directive 2006/53/EC of 7 June 2006, Commission Directive 2006/59/EC of 28 June 2006, Commission Directive 2006/60/EC of 7 July 2006, Commission Directive 2006/61/EC of 7 July 2006, Commission Directive 2006/62/EC of 12 July 2006, Commission Directive 2006/92/EC of 9 November 2006, Commission Directive 2007/7/EC of 14 February 2007, Commission Directive 2007/8/EC of 20 February 2007, Commission Directive 2007/9/EC of 20 February 2007, Commission Directive 2007/11/EC of 21 February 2007, Commission Directive 2007/27/EC of 15 May 2007, Commission Directive 2007/28/EC of 25 May 2007, Commission Directive 2007/39/EC of 26 June 2007, Commission Directive 2007/56/EC of 17 September 2007, Commission Directive 2007/55/EC of 17 September 2007, Commission Directive 2007/57/EC of 17 September 2007, Commission Directive 2007/62/EC of 4 October 2007, Commission Directive 2007/73/EC of 13 December 2007 and (from 14 September 2008) Commission Directive 2008/17/EC of 19 February 2008;”.

3. The European Communities (Pesticide Residues) (Amendment) Regulations 2008 ( S.I. No. 37 of 2008 ) are revoked.

GIVEN under my Official Seal,

11 September 2008

BRENDAN SMITH.

Minister for Agriculture, Fisheries and Food.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the following:

The Annex to Council Directive 86/362/EEC as regards maximum residue levels for acephate, acetamiprid, acibenzolar-S-methyl, aldrin, benalaxyl, benomyl, carbendazim, chlormequat, chlorothalonil, chlorpyrifos, clofentezine, cyfluthrin, cypermethrin, cyromazine, dieldrin, dimethoate, dithiocarbamates, esfenvalerate, famoxadone, fenhexamid, fenitrothion, fenvalerate, glyphosate, indoxacarb, lambda-cyhalothrin, mepanipyrim, metalaxyl-M, methidathion, methoxyfenozide, pymetrozine, pyraclostrobin, pyrimethanil, spiroxamine, thiacloprid, thiophante-methyl and trifloxystrobin.

The Annex to Council Directive 90/363/EEC as regards maximum residue levels for acephate, acetamiprid, acibenzolar-S-methyl, aldrin, benalaxyl, benomyl, carbendazim, chlormequat, chlorothalonil, chlorpyrifos, clofentezine, cyfluthrin, cypermethrin, cyromazine, dieldrin, dimethoate, dithiocarbamates, esfenvalerate, famoxadone, fenhexamid, fenitrothion, fenvalerate, glyphosate, indoxacarb, lambda-cyhalothrin, mepanipyrim, metalaxyl-M, methidathion, methoxyfenozide, pymetrozine, pyraclostrobin, pyrimethanil, spiroxamine, thiacloprid, thiophante-methyl and trifloxystrobin.

The Annex to Council Directive 90/642/EEC as regards maximum residue levels for acephate, acetamiprid, acibenzolar-S-methyl, aldrin, benalaxyl, benomyl, carbendazim, chlormequat, chlorothalonil, chlorpyrifos, clofentezine, cyfluthrin, cypermethrin, cyromazine, dieldrin, dimethoate, dithiocarbamates, esfenvalerate, famoxadone, fenhexamid, fenitrothion, fenvalerate, glyphosate, indoxacarb, lambda-cyhalothrin, mepanipyrim, metalaxyl-M, methidathion, methoxyfenozide, pymetrozine, pyraclostrobin, pyrimethanil, spiroxamine, thiacloprid, thiophante-methyl and trifloxystrobin.

1 O.J. No. 50 of 23.2.2008, p.17