Exiting the European Union (Pesticides)

Greg Knight Excerpts

Tuesday 1st October 2019 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

I beg to move,

That the draft Pesticides (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 17 July, be approved.

Plant protection products, or “pesticides” as they are commonly called, are currently regulated by means of two European Union regulations: Regulation (EC) 1107/2009, which concerns the placing of plant protection products on the market, including the approval of active substances, authorisation of pesticide products and management of associated risks; and Regulation (EC) 396/2005, which sets maximum residue levels of pesticides in or on food and feed of plant and animal origin, and measures to ensure compliance with those limits.

Earlier this year, two EU exit statutory instruments were laid before this House to convert those EU regulations into operable national law: the Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019; and the Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019. Those two EU exit statutory instruments, in common with many others, made the EU regulations operable in a national context by, for example, transferring functions from EU institutions to national authorities.

This further instrument, which we are considering today, is comparatively minor and simply takes forward some additional amendments that are required to ensure that the regime can continue to operate effectively. First, in common with two of the other SIs that we have considered today, the change in exit day from 29 March to 31 October necessitates that we amend certain dates in the retained law that were based on the original date for EU exit. Secondly, further new EU legislation has come into force during the extension period, after the plant protection products and the maximum residue levels EU exit SIs were finalised. The new EU legislation needs to be corrected following the same approach as in the other SIs. Finally, this instrument fixes some errors within those earlier EU exit instruments, which I will cover later.

[Sir Greg Knight (East Yorkshire) (Con)]

For the avoidance of any doubt, will the Minister confirm that there is no measurable impact on business as a result of the regulations?

[George Eustice]

Yes, I can confirm that, in the sense that all the draft regulations are about continuity—an approach to ensure simply that where authorisations are carried out and decisions made by the European Commission, they will in future be made by the Secretary of State or the relevant authority.

Some amendments are required as a consequence of the change in our departure date. The plant protection products EU exit SI in particular contains a number of transitional measures that apply until specified dates. Those dates have been updated in common with the approach in other SIs. Given that exit day is now 31 October, those transitional provisions would allow much less time to adjust than was originally intended. This instrument therefore replaces dates that were calculated from the original exit date with a specified period of time after exit.

The draft regulations also deal with new EU legislation that has come into force since the original EU exit SIs were produced. The plant protection products and the maximum residue levels EU exit SIs converted active substance and MRL regulations into a new national register to give effect to the provisions in a national context. The EU regulations themselves were no longer required and therefore revoked. This instrument deals with new EU regulations that have come into force since then, and we have taken the same approach. Some outdated EU regulations have also been superseded or replaced, and those have now been identified as redundant, so they can be revoked.

This instrument also contains transitional provisions relating to grace periods for the withdrawal of active substances under EU regulations, so that they are carried across unchanged into our national law. Finally, this instrument also fixes a number of technical errors that were made in the earlier EU exit instruments. The vast majority of those were very minor in nature. However, I should draw attention to the fact that it came to light that the earlier plant protection products EU exit SI erroneously removed some provisions on endocrine disrupting chemicals. That omission was purely unintentional and this instrument therefore corrects that error.