Commission Directive 2010/42/EU of 28 June 2010 amending Council Directive 91/414/EEC to include FEN 560 (fenugreek seed powder) as active substance (Text with EEA relevance )
Commission Directive 2010/42/EUof 28 June 2010amending Council Directive 91/414/EEC to include FEN 560 (fenugreek seed powder) as active substance(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,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)In accordance with Article 6(2) of Directive 91/414/EEC France received on 24 June 2003 an application from Société occitane de fabrications et de technologie for the inclusion of the active substance FEN 560 (also called fenugreek or fenugreek seed powder) in Annex I to Directive 91/414/EEC. Commission Decision 2004/131/ECOJ L 37, 10.2.2004, p. 34. confirmed that the dossier was "complete" in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.(2)For that active substance, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 18 February 2005.(3)The draft assessment report was peer reviewed by the Member States and the European Food Safety Authority (EFSA) in the format of the EFSA conclusion on the peer review of the pesticide risk assessment of the active substance fenugreek seed powder (FEN 560) on 18 December 2009The EFSA Journal (2010) 8(1):1448, Conclusion on the peer review of the pesticide risk assessment of the active substance fenugreek seed powder (FEN 560). doi:10.2903/j.efsa.2010.1448. Available online www.efsa.europa.eu. This report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and was finalised on 11 May 2010 in the format of the Commission review report for FEN 560 (fenugreek seed powder).(4)It has appeared from the various examinations made that plant protection products containing FEN 560 (fenugreek seed powder) may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include FEN 560 (fenugreek seed powder) in Annex I to that Directive, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance may be granted in accordance with the provisions of that Directive.(5)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 provisional authorisations of plant protection products containing FEN 560 (fenugreek seed powder) 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 transform existing provisional authorisations into full authorisations, amend them or withdraw them in accordance with the provisions of Directive 91/414/EEC. By 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.(6)It is therefore appropriate to amend Directive 91/414/EEC accordingly.(7)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: