Commission Directive 2009/37/EC of 23 April 2009 amending Council Directive 91/414/EEC to include chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin as active substances (Text with EEA relevance)
Commission Directive 2009/37/ECof 23 April 2009amending Council Directive 91/414/EEC to include chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin as active substances(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the marketOJ L 230, 19.8.1991, p. 1., and in particular Article 6(1) thereof,Whereas:(1)Commission Regulations (EC) No 451/2000OJ L 55, 29.2.2000, p. 25. and (EC) No 1490/2002OJ L 224, 21.8.2002, p. 23. lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin.(2)For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifiers. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 10(1) of Regulation (EC) No 1490/2002. For chlormequat and teflubenzuron the rapporteur Member State was the United Kingdom and all relevant information was submitted on 27 April 2007 and 6 August 2007 respectively. For copper compounds the rapporteur Member State was France and all relevant information was submitted on 7 June 2007. For propaquizafop the rapporteur Member State was Italy and all relevant information was submitted on 22 September 2005. For quizalofop-P the rapporteur Member State was Finland and all relevant information was submitted on 1 February 2007 (variant quizalofop-P-ethyl) and 2 May 2007 (variant quizalofop-P-tefuryl). For zeta-cypermethrin the rapporteur Member State was Belgium and all relevant information was submitted on 10 July 2006.(3)The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 29 September 2008 for chlormequat and teflubenzuron, on 30 September 2008 for copper compounds and zeta-cypermethrin and on 26 November 2008 for propaquizafop and quizalofop-P in the format of the EFSA Scientific ReportsEFSA Scientific Report (2008) 179, Conclusion regarding the peer review of the pesticide risk assessment of the active substance chlormequat (finalised 29 September 2008).EFSA Scientific Report (2008) 187, Conclusion regarding the peer review of the pesticide risk assessment of the active substance copper compounds (finalised 30 September 2008).EFSA Scientific Report (2008) 204, Conclusion regarding the peer review of the pesticide risk assessment of the active substance propaquizafop (finalised 26 November 2008).EFSA Scientific Report (2008) 205, Conclusion regarding the peer review of the pesticide risk assessment of the active substance quizalofop-P (finalised 26 November 2008).EFSA Scientific Report (2008) 184, Conclusion regarding the peer review of the pesticide risk assessment of the active substance teflubenzuron (finalised 29 September 2008).EFSA Scientific Report (2008) 196, Conclusion regarding the peer review of the pesticide risk assessment of the active substance zeta-cypermethrin (finalised 30 September 2008).. These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 23 January 2009 in the format of the Commission review reports for chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin.(4)It has appeared from the various examinations made that plant protection products containing chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive.(5)Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, for chlormequat the notifier should be required to submit further information on the fate and behaviour (adsorption studies to be performed at 20 °C, recalculation of the predicted concentrations in groundwater, surface water and sediment), the monitoring methods for determination of the substance in animal products and water, and the risk to aquatic organisms, birds and mammals. Furthermore for copper compounds, the notifier should be required to submit further information on the risk from inhalation and on the risk assessment for non-target organisms, soil and water. Moreover, it is appropriate as regards propaquizafop, to require that the notifier submit information on the relevant impurity Ro 41-5259 and on the risk to aquatic organisms and to non-target arthropods. In addition, it is appropriate as regards quizalofop-P, to require that the notifier submit further information on the risk to non-target arthropods. Finally, it is appropriate for the zeta-cypermethrin to require that the notifier submit further information as regards the fate and behaviour (aerobic degradation in soil), the risk to birds (long-term risk), aquatic organisms and non-target arthropods.(6)Moreover, with regard to copper compounds, copper occurs in nature and is an essential micronutrient. Copper accumulates in soil and the level of copper in soil can be affected not only by applications of plant protection products but also from animal husbandry and from the application of manure. Therefore, it is necessary that Member States initiate monitoring programmes in vulnerable areas, where the contamination of the soil compartment by copper is of concern, in order to set, where appropriate, limitations such as maximum application rates.(7)Articles 5(4) and 6(1) of Directive 91/414/EEC provide that inclusion of a substance into Annex I may be subject to restrictions. In the case of copper compounds, the risk assessment revealed eco-toxicological concerns, a restriction on the inclusion period is deemed necessary to allow Member States to review after a shorter period plant protection products already on the market containing copper. Moreover, copper compounds are currently subject to evaluation in the framework of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the marketOJ L 123, 24.4.1998, p. 1., as well as to evaluation in the framework of Regulation (EC) No 1907/2006 of the European Parliament and of the CouncilOJ L 396, 30.12.2006, p. 1; corrected by OJ L 136, 29.5.2007, p. 3. concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). As with all substances included in Annex I to Directive 91/414/EEC, the status of copper compounds could be reviewed under Article 5(5) of that Directive in the light of any new data becoming available.(8)A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.(9)Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.(10)The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92OJ L 366, 15.12.1992, p. 10. has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.(11)It is therefore appropriate to amend Directive 91/414/EEC accordingly.(12)The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,HAS ADOPTED THIS DIRECTIVE: